Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 01, 2021
CASE NO(S).: PL200572
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: MOD Developments (Redpath) Limited Partnership
Subject: Application to amend former City of Toronto Zoning By-law No. 438-86 and City-wide Zoning By-law No. 569-2013 - Refusal or neglect of the City of Toronto to make a decision
Existing Zoning: Residential Districts R2 Z 2.0. under Zoning By-law 438-86, as amended Residential R (d2.0) (x912) under Zoning By-law 569-2013, as amended
Proposed Zoning: Residential - Site Specific to allow the proposed height and residential density
Purpose: To permit a 35-storey residential building
Property Address/Description: 241 Redpath Avenue
Municipality: City of Toronto
Municipality File No.: 20 151705 NNY 15 OZ
LPAT Case No.: PL200572
LPAT File No.: PL200572
LPAT Case Name: MOD Developments (Redpath) Limited Partnership v. Toronto (City)
Heard: May 12, 2021 by video hearing
APPEARANCES:
Parties
Counsel
MOD Developments (Redpath) Limited Partnership (“Applicant”)
Eileen Costello
City of Toronto (“City”)
Laura Bisset
Sherman and Cappell Investments Limited (“SCIL”)
Calvin Lantz
R.W. One Hundred Development Corporation and 110 Broadway Inc. (“RW 100 and 110 Corps.”)
Joe Hoffman
Toronto District School Board (Toronto Lands Corporation) (“TDSB”)
Julie Lesage J. Pitman Patterson (not appearing)
MEMORANDUM OF ORAL DECISION DELIVERED BY DAVID L. LANTHIER ON MAY 12, 2021 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) in the Applicant’s Appeal of the non-decision of City Council following its application (confirmed as completed on July 14, 2020) for the necessary Zoning By-law Amendments to permit the development of a proposed 35-storey residential building at 241 Redpath Avenue.
2The Affidavit of Service of Tarah Coutts sworn the 22nd day of April, 2021 was received by the Tribunal and has been marked as Exhibit 1 to the CMC hearing event.
3For the purposes of the record, Julie Lesage appeared as counsel on behalf of the TDSB, and confirmed that Mr. Patterson, although not appearing today, would also be counsel of record.
PARTY STATUS CONFERRED
4There were three requests for Party status received and reviewed by the Tribunal in advance of the CMC, from SCIL, the RW 100 and 110 Corps. and the TDSB. The Panel was advised that there were no objections from the Applicant or the City to the request for Party status. The requests for status by SCIL and the RW100 and 110 Corps. are based upon their adjacent proximity to the Applicant’s proposed development, and primarily relate to built-form and design issues arising from that proximity. The TDSB’s request stems from the potential impact of the proposed development on local school accommodation and capacity.
5Having reviewed the comprehensive written submissions in support of the requests, the Tribunal finds that granting status to each of the three requestors is reasonable and is necessary to enable the Tribunal to adjudicate effectively and completely on the issues in the proceeding. Party status is accordingly granted to the following (“Added Parties”):
- Sherman and Cappell Investments Limited;
- R.W. One Hundred Development Corporation and 110 Broadway Inc.; and
- Toronto District School Board (Toronto Lands Corporation).
MEDIATION AND SETTLEMENT
6The Tribunal has addressed the subject of settlement or mediation and has been advised that the parties anticipate ongoing discussions to discuss a resolution of issues as the Parties progress towards the hearing date. This may, or may not, involve a request for mediation.
PROCEDURAL ORDER
7The Applicant initiated and provided a first draft of a Procedural Order in advance of the CMC, which was then reviewed by the Panel. In anticipation of the requests for Party Status, input had already been received from both the City and the Added Parties and the first draft of the Issues List was completed. Counsel requested the opportunity to flesh out the balance of the issues, now that status has been granted to the Added Parties. With the benefit of the scheduled dates of the hearing and advance status hearing/CMC provided, counsel for the Applicant was to undertake the revision of the draft Procedural Order and Issues list and submit it to the Panel for final review within three weeks.
8The Panel obtained available dates for the hearing of the Appeal, and discussed with counsel the requirement for a telephone conference call (“TCC”) hearing to be conducted approximately 45 days prior to the start of the hearing for the purposes of reviewing a draft hearing plan and confirming the number of days ultimately required for the hearing. The Tribunal subsequently received and reviewed the revised draft of the Procedural Order and Issues List.
9The fixed dates for the hearing on the merits are now provided in the Procedural Order appended to this Decision and the coordinates for the hearings are set out below in this Decision.
10Appended to this Decision as Attachment 1 is the Procedural Order, which will now govern all further pre-hearing procedural requirements and the hearing of the Appeal.
11For the purposes of the pre-hearing TTC Status Hearing on April 14, 2022, the parties are to jointly provide a brief written status report to the Tribunal on or before Monday, April 14, 2022, confirming the total number of days required for the hearing, supported by a preliminary outline of a workplan setting out the anticipated order and schedule of witnesses, the estimated time frames for the evidence-in-chief, cross and re-examination for all scheduled witnesses, as well as the time allotted for opening and closing submissions and any anticipated preliminary motions or matters. If a settlement is achieved, or if issues are resolved, such that the number of days allocated for the hearing can be reduced, the Parties will advise the Tribunal accordingly so that hearing dates may be released from the Tribunal’s calendar.
TELEPHONE HEARING AND VIDEO HEARING COORDINATES
TCC Status Hearing – April 14, 2022
12The TCC Status Hearing to review the draft hearing plan, will commence at 9 a.m. on Thursday, April 14, 2022, with the following dial-in instructions:
Individual(s) are directed to call 416-212-8012 or Toll Free 1-866-633-0848. When prompted, enter the code 4779874# to be connected to the call.
Hearing – May 30 to June 24, 2022
13For the twenty-day video hearing, commencing at 10 a.m. on Monday, May 30, 2022, and continuing to Friday, June 24, 2022, the Parties are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections:
https://global.gotomeeting.com/join/707709973
Access Code: 707 709 973
14For the video hearing, all Parties, witnesses or observers are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html.
15Individuals are directed to connect to each of the events on the assigned dates at the correct time. It is the responsibility of the persons participating in the hearings to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
16Persons who experience technical difficulties accessing either of the video hearing events using the GoToMeeting application, or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: Toll-Free 1-888-455-1389 or +1 (647) 497-9391. The access codes are as indicated above.
17There will be no further notice with respect to each of the two hearing events, and the Panel Member is not seized on any of the hearings.
18The Tribunal so orders and provides these CMC directives for the purposes of the case management of this Appeal.
“David L. Lanthier”
DAVID L. LANTHIER
VICE-CHAIR
Ontario Land Tribunal
Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal.