Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 02, 2021
CASE NO(S).: PL200492
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: The Governing Council of the University of Toronto
Subject: Application to amend Zoning By-law No. 438-86 - Refusal or neglect of City of Toronto to make a decision
Existing Zoning: Institutional
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit a nine (9) storey institutional building
Property Address/Description: 78-90 Queen’s Park
Municipality: City of Toronto
Municipality File No.: 19 118245 STE 11 OZ
LPAT Case No.: PL200492
LPAT File No.: PL200492
LPAT Case Name: University of Toronto v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Subject: Site Plan
Property Address/Description: 78-90 Queen’s Park
Municipality: City of Toronto
LPAT Case No.: PL200492
LPAT File No.: PL200493
Heard: May 20, 2021 by Video Hearing (“VH”)
APPEARANCES:
| Parties | Counsel |
|---|---|
| The Governing Council of the University of Toronto (“University”) | M. Winch |
| City of Toronto (“City”) | S. O’Connor/D. Elmadany |
| Queen’s Park Heritage Precinct Coalition (“Coalition”) | C. Kapelos |
MEMORANDUM OF ORAL DECISION DELIVERED BY BLAIR S. TAYLOR AND N.P. ROBINSON ON MAY 20, 2021 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal held a second Case Management Conference (“CMC”) with regard to the appeals of the University’s applications for a Zoning By-law Amendment (“ZBA”) and a Site Plan for the property known municipally as 78-90 Queen’s Park (“Subject Lands”).
2At the first CMC, the Tribunal had been advised that the parties were seeking Tribunal-led mediation.
3At the request of the parties, the Tribunal had set a second CMC to hear an update of the status of the matter.
4The Tribunal was advised that the matter had been accepted for Tribunal-led mediation and that the mediation had commenced and was continuing.
5The Tribunal was asked to set a third CMC in July 2021 in order that the mediation could continue and the parties would be able to get instructions.
DECISION
6At the request of the parties and in view of the ongoing Tribunal-led mediation, the Tribunal hereby sets a further CMC by VH for Friday, July 30, 2021 commencing at 10 a.m.
7Parties and participants 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/326325605
Access code: 326-325-605
8Parties and participants 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
9Persons who experience technical difficulties accessing 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: +1 (647) 497-9391 or (Toll Free) 1 (888) 455-1389. The access code is 326-325-605.
10Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the hearing by video 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.
11If the mediation is successful, the CMC may be converted to a settlement hearing.
12However, if no resolution is reached, and in order to continue to process this matter, the Tribunal also directs that a draft Procedural Order shall be prepared and provided to the Case Coordinator on or before July 23, 2021 for possible consideration at the third CMC.
13The Tribunal tasks the counsel for the University with the coordination and preparation of the draft PO and Issues List and directs that the City and the Coalition shall provide their draft issues to counsel for the University on or before July 20, 2021.
14The Tribunal directs that the draft PO shall contain mandatory meetings of all like experts, and that the issues be site specific, pithy, and non-generic.
15There will be no further notice.
16We are not seized.
17Scheduling permitting, we may be available for case management purposes.
18This is the Order of the Tribunal.
“Blair S. Taylor”
BLAIR S. TAYLOR
MEMBER
“N.P. Robinson”
N.P. ROBINSON
MEMBER
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.