Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
July 05, 2021
CASE NO(S).:
PL200204
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
2970 Lakeshore GP Inc.
Subject:
Request to amend the Official Plan - Failure of the City of Toronto to adopt the requested amendment
Existing Designation:
Mixed Used Areas
Proposed Designated:
Mixed Used Areas
Purpose:
To permit a nine-storey mixed-use building containing 95 new rental units and retail use at-grade
Property Address/Description:
2950 and 2970 Lake Shore Blvd. W.
Municipality:
City of Toronto
Approval Authority File No.:
19-146505 WET 03 OZ
LPAT Case No.:
PL200204
LPAT File No.:
PL200204
LPAT Case Name:
2970 Lakeshore GP Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
2970 Lakeshore GP Inc.
Subject:
Application to amend Zoning By-law No. 2215 and Zoning By-law No. 569-2013 - Refusal or neglect of the City of Toronto to make a decision
Existing Zoning:
Commercial Residential (CR 3.0(c3.0; r3.0) (SS2)) under the City-wide Zoning By-law No. 569-2013. Commercial (C) under the Etobicoke Zoning Code
Proposed Zoning:
Commercial Residential – Site Specific (To be determined)
Purpose:
To permit a nine-storey mixed-use building containing 95 new rental units and retail use at-grade
Property Address/Description:
2950 and 2970 Lake Shore Blvd. W.
Municipality:
City of Toronto
Municipality File No.:
19-146505 WET 03 OZ
LPAT Case No.:
PL200204
LPAT File No.:
PL200205
Heard:
June 22, 2021 by Video Hearing
APPEARANCES:
Parties
Counsel*/Representative
2970 Lakeshore GP Inc.
Matthew Lakatos-Hayward* and David Bronskill*
City of Toronto
Alexander Suriano*
CAPREIT Apartments Inc.
Johanna Shapira*
Lakeshore Planning Council Corp.
Peggy Moulder
Three Into Eight Inc. and Francesco Serafini
Three West of Eight Inc.
MEMORANDUM OF ORAL DECISION DELIVERED BY G.C.P. BISHOP ON JUNE 22, 2021 AND ORDER OF THE TRIBUNAL
1This is the second Case Management Conference (“CMC”) to consider appeals by 2970 Lakeshore GP Inc. (“Appellant”) against City Council’s failure to make decisions on applications for official plan and zoning by-law amendments respecting the properties known municipally as 2950 and 2970 Lakeshore Boulevard West. The Appellant seeks approval for a redevelopment with an eight to nine-storey mixed-use building, including approximately 95 residential units and 485 square metres of at-grade commercial space. The L-shaped property is located at the north-east corner of the intersection of Lakeshore Boulevard West and Eighth Street having an area of 0.15 hectares (0.38 acres), a frontage of approximately 45.72 metres along Lakeshore Boulevard West and a depth of approximately 45.01 metres. The properties are currently used as a four-storey commercial office building and a two-storey retail building.
2The appeals are made on the grounds that Council failed to make decisions within the time limits prescribed by the legislation.
3A motion, initiated by Lakeshore Planning Council Corp. (‘LPCC”), was served on all parties and the Tribunal on June 9, 2021. The responses from the Parties that did reply, were in the form of emails, stating their reasons why they would not be formally responding to the motion.
4The motion results from LPCC’s concern that the parties are not engaging them as part of the process but the content of the motion itself is nothing more than a list of concerns that are simply pre-mature. This will be further discussed later in the Decision.
5Alexander Suriano, counsel for the City of Toronto (“City”), informed the Tribunal that direction was given, at the first CMC event, to report on instructions from City Council from a meeting scheduled for June 8 to 9, 2021. Those instructions are to oppose the proposed development, in its present form, and to engage parties to work toward the finalization of an Issues List and Procedural Order (“PO”).
6Matthew Lakatos-Hayward, counsel for the Appellant, stated that a preliminary PO has been circulated to the parties, which was taken directly from the Ontario Land Tribunal’s website and since the parties have not engaged on the content of an Issues List, they are not looking for a date for the hearing event at this time. Time is needed to refine the issues and look at ways to work toward a settlement or at least agreement on as many issues as possible to reduce hearing time.
7Johanna Shapira, counsel for CAPREIT Apartments Inc., indicated that they were also waiting for the outcome of the City Council meeting and concur with the City about concerns over the current form of the proposed development.
8Francesco Serafini is the representative for two properties, with an interest in this event, in the ownership of Three Into Eight Inc. and Three West of Eight Inc. and has had his list of Issues in place since the first CMC. Given the present form of the proposed development, he doesn’t see any changes to his list of concerns.
9Peggy Moulder, on behalf of LPCC, voiced her concerns over the formulation and content of the PO. She is also concerned that LPCC has been left out of the process to date and the parties are not engaging her in the discussions. The motion in front of the Tribunal is a list of what she calls “fundamental facts” that need to be stipulated as soon as possible, or at least 45 days prior to the hearing on the merits.
10The Tribunal dismissed the motion. Not only is it premature, but the matters in the motion are ones that involve interpretation of both planning policy and guidelines which are properly dealt with, in evidence, at the hearing. Furthermore, the matters raised in the motion can be addressed through the Issues List, the agreed statement of facts from the expert witnesses or through their witness statements themselves. Finally, if the alleged issues or “fundamental facts” have not been addressed through the above suggested means, LPCC is a party to this event and will have full opportunity to question the expert witnesses in cross-examination at the hearing on the merits.
11Ms. Moulder asked whether a motion was required prior to the next CMC if difficulties arise, with respect to the PO or Issues List. The Tribunal directed LPCC to bring those concerns to the next CMC and those types of issues will be dealt with by the presiding member. It is too premature to discuss hypotheticals in advance of a wholesome review of both the PO and the Issues List by all parties. Without a date being set for the hearing on the merits, dates for various requirements throughout the PO will be discussed and finalized at the next CMC. The Tribunal directed LPCC, in cooperation with all parties, to concentrate on the formulation of the Issues List and if there is some concern about the minimum timing between deliverables, as set out in the standard format of a PO, to discuss these concerns with the parties prior to the next CMC and bring any remaining concerns at that time.
12The process of formulating the PO and Issues List is just commencing and, as suggested by counsel for the Appellant and the City, time will be spent over the next few weeks discussing and circulating same.
13The parties are still early in the process, given direction was just released from Council for the City. The Tribunal finds it prudent to give the parties some time to work through the issues and look for any compromise that may be possible prior to the scheduling of the next CMC.
14The third CMC is scheduled to proceed by video on Tuesday, October 19, 2021 at 10 a.m.
15Parties 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/828463293 Access code: 828-463-293
16Parties 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
17Persons 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 828-463-293.
18Individuals 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.
19There will be no further notice.
20I am not seized.
21It is so ordered.
“G.C.P. Bishop”
G.C.P. BISHOP
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.