Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: July 20, 2021

CASE NO(S).: PL200186

PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: Multiple Appellants

Subject: Proposed Official Plan Amendment No. 486, King Spadina Secondary Plan

Municipality: City of Toronto

OMB Case No.: PL200186

OMB File No.: PL200186

OMB Case Name: Adelaide Nelson Residences LP v. Toronto (City)

Heard: March 5, 2021 appearance and subsequent written hearing

APPEARANCES:

Parties	Counsel*/Representative
(see Attachment 1)	(see Attachment 1)

DECISION DELIVERED BY SUSAN de AVELLAR SCHILLER AND ORDER OF THE TRIBUNAL

INTRODUCTION

1On January 29, 2020, the City of Toronto (“City”) adopted Official Plan Amendment No. 486 (“OPA 486”), which is the King Spadina Secondary Plan. Multiple appeals were filed and the first Case Management Conference (“CMC”) was held. The Tribunal was advised that certain appeals have been assumed by other interests. In addition, at the CMC and later at a written motion hearing, the Tribunal added four parties to these proceedings. The result is that this case has 50 parties, 46 of which are appellants and four of which are added parties.

2All parties appeared at the CMC itself with the exception of one party, Palm One Investments LLC (“Palm One”), who appeared only at the later written motion hearing. The full list of parties, both appellant and added, is found at Attachment 1. Attachment 1 also notes Counsel for each party.

Addition of Parties

3Four non-appellant interests have requested party status in these proceedings.

4Section 17(44.1) and s. 17(44.2) of the Planning Act (“Act”) set out the conditions under which the Tribunal may add a Party to an appeal made under s. 17(24):

Restriction re adding parties

(44.1) Despite subsection (44), in the case of an appeal under subsection (24) or (36), only the following may be added as parties:

1. A person or public body who satisfies one of the conditions set out in subsection (44.2).
2. The Minister
3. The appropriate approval authority. 2006, c.23, 9 (7).

Same

(44.2) The conditions mentioned in paragraph 1 of subsection (44.1) are:

1. Before the plan was adopted, the person or public body made oral submissions at a public meeting or written submissions to the council.
2. The Tribunal is of the opinion that there are reasonable grounds to add the person or public body as a party. 2006, c. 23, s. 9 (7); 2017, c. 23, Sched. 5, s. 80.

5The conditions set out in s. 17(44.2) are disjunctive and only one of the conditions must be met for the Tribunal to add the Party. If a requestor meets one of the conditions, and the Tribunal intends to add the requestor as a Party to the proceedings, then the Tribunal considers Rule 8.2 of the Tribunal’s Rules of Practice and Procedure (“Tribunal Rule”):

8.2 Power of Tribunal to Add or Substitute Parties The Tribunal may add or substitute a party to a proceeding when that person satisfies any applicable legislative tests necessary to be a party and their interest may be transferred or transmitted to another party to be added or substituted provided their presence is necessary to enable the Tribunal to adjudicate effectively and completely on the issues in the proceeding.

Initial Three Requests for Party Status

6At the CMC, the Tribunal considered the requests for Party status and added the following three interests as Parties: 600KW Limited (“600KW”), 2764432 Ontario Ltd. (“276”) and HM RB (147 Spadina) LP (“HM RB”). 600KW submitted comments to the City prior to the adoption of OPA 486 and owns lands within the OPA 486 area. 276 and HM RB also own lands within the OPA 486 area but certain of these lands were acquired after the City adopted OPA 486.

7With ownership of lands within the OPA 486 area, the Tribunal was satisfied that these three owners had a direct interest in the outcome of these proceedings and their presence is necessary to enable the Tribunal to adjudicate effectively and completely on the issues in the proceeding.

8Tribunal Rule 8.3 makes clear that a non-appellant Party may not raise or introduce a new issue in the proceeding and must indicate the appeal and issue or issues under which it will shelter. This Rule is also clear that that the non-appellant Party may participate fully in the proceeding to the extent that the issue remains in dispute, but the non-appellant Party has no independent status to continue an appeal should that appeal be withdrawn by an appellant Party.

9The addition of the three Parties was made contingent on each filing a list of the issues under which they would shelter for this proceeding.

Additional Fourth Request for Party Status

10The Tribunal received a fourth request for Party status from Palm One. Palm One did not attend the CMC; the Tribunal directed that Palm One’s request for Party status go to a written motion hearing.

11Palm One owns lands within the OPA 486 area. Palm One also acknowledges that it did not make submissions to the City prior to the adoption of OPA 486. With the number of appellants in this proceeding, and the extensive list of issues raised by those appellants, Palm One asserts that the result may have a direct impact on the property owned by Palm One.

12The Tribunal agrees with the City that Palm One had a full opportunity to make its concerns known to the City prior to the adoption of OPA 486. When an affected landowner does so, the municipality has the chance to consider and respond in the form any proposed official plan amendment may take. Not having done so, however, does not create a bar to a request to be added as a non-appellant Party, nor does it bar the Tribunal from adding that interest as a Party.

13The Tribunal agrees that a property owner within an official plan amendment area is directly affected by that official plan amendment. As such, the Tribunal is of the opinion that it is reasonable to add Palm One as a non-appellant Party to these proceedings.

14Palm One has acknowledged that, as a non-appellant Party, it is restricted by Tribunal Rule 8.3. In its Motion for Party status, Palm One identified a number of appellants and their issues under which it proposed to shelter. It also recognized that these were draft issues and a final Issues List has not yet been filed.

Mediation

15Subsequent to the first CMC, this case has been accepted for Tribunal-led mediation. The parties will be contacted separately for details regarding the mediation.

Future Hearing Events and Procedural Order

16The Parties have filed a draft Procedural Order (“PO”). On a review of the extensive initial Issues List, the Tribunal is satisfied that a 30-day hearing would be necessary if there is no reduction in the Issues List. The Parties will be advised separately of the date for such a hearing.

17The PO requires some further refinement to recognize the hearing date, to note the added Parties and to make the necessary refinements to the Issues List. Once revised, the Tribunal will provide a final review of the PO for issuance.

ORDER

18The Tribunal orders that the following are added as Parties to these proceedings:

a. 600KW Limited

b. 2764432 Ontario Ltd.

c. HM RB (147 Spadina) LP

d. Palm One Investments LLC

19The Tribunal orders that the Parties are to submit a final draft Procedural Order within 90 days of the date of this Decision.

“Susan de Avellar Schiller”

SUSAN de AVELLAR SCHILLER 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.

ATTACHMENT 1

LIST OF PARTIES AND COUNSEL

Appellant # / Party	Party	Counsel/Agent*
	City of Toronto	Joanna Wice & Daniel Elmadany
1	Lifetime Wellington Street West Inc.	David Bronskill
2	Adelaide Nelson Residences LP	David Bronskill
3	Charlotte King Residences Corp.	David Bronskill
4	Go-To Spadina Adelaide Square LP	David Bronskill
5	GG Duncan Inc.	Eileen Costello
6	Kingsett Capital Inc.	Eileen Costello & Laura Dean
7	Allied Properties REIT	Eileen Costello & Laura Dean
8	Georg Cinq Trading Co. Limited	Eileen Costello & Laura Dean
9	401 Richmond Ltd	Eileen Costello & Laura Dean
10	1094950 Ontario Ltd	Eileen Costello & Laura Dean
11	Riveroaks Investments Inc.	Eileen Costello & Laura Dean
12	Capitol Buildings Properties Inc.	Eileen Costello & Laura Dean
13	Timbercreek 4Q Urban Developments LP (Toronto)	Eileen Costello & Laura Dean
14	Trinity Development Group Inc.	Eileen Costello & Laura Dean
15	RTCB Holdings Ltd.	Eileen Costello & Laura Dean
16	Timbercreek Asset Management Inc.	Eileen Costello & Laura Dean
17	Lamb Development Corp.	Eileen Costello
18	Hullmark Sun Life (545 King) LP	Eileen Costello & Laura Dean
19	Alterra-Finer (Richmond Street) Limited	Daniel Artenosi & Michael Cara
20	IRIS International Inc and Balmain Operators Inc.	Andrew Jeanrie
21	Kingspa Inc.	Calvin Lantz & Jonathan Cheng
22	384 Adelaide Street Corporation	Eileen Costello & Laura Dean
23	220 KSW LP	David Bronskill
24	217 Adelaide Holdings Limited	Calvin Lantz & Jonathan Cheng
25	DevGreat Inc.	Calvin Lantz & Jonathan Cheng
26	RioCan Management Inc.	Calvin Lantz & Jonathan Cheng
27	462 Wellington Inc.	Mary Flynn-Guglietti Kailey Sutton
28	2477879 Ontario Inc. and 1579661 Ontario Inc., Claireville Holdings Limited, and Frances Danyliw (Claireville)	Mary Flynn-Guglietti Kailey Sutton
29	C Squared Properties	David Bronskill
30	Manga Hotels (Richmond) Inc.	Patrick Devine & Michael Cook
31	Sun Life Assurance Company of Canada	Patrick Devine & Michael Cook
32	Marvin Rubner	Eileen Costello & Maggie Bassani
33	1758173 Ontario Ltd	John Alati & Andy Margaritis
34	Lifetime 504 Wellington Street Inc.	David Bronskill
35	Hullmark (474 Wellington) LP	Mark Noskiewicz & Max Laskin
36	City Front Developments Inc.	David Bronskill
37	Oxford Properties Group Inc.	Pitman Patterson & Isaac Tang
38	280 Richmond West Limited	Daniel Artenosi & Michael Cara
39	Hullmark (230-240 Richmond) LP & OCAD University	Eileen Costello & Laura Dean
40	Adelaide Street Lofts Inc.	Calvin Lantz & Jonathan Cheng
41	Adelaide Duncan 1 LP	Andrew Jeanrie
42	Aptco Capital Corporation	Signe Leisk & Jennifer Evola
43	Carlyle Peter Street Inc.	Daniel Artenosi & Michael Cara
44	DoubleDown Holdings Inc.	Aaron Platt & Andy Margaritis
45	Canada Land Corporation (CLC)	Susan Rosenthal & Andy Margaritis
46	Daram Holdings Inc.	Susan Rosenthal & Andy Margaritis
Added Party Letter	Added Party
A	HM RB (147 Spadina) LP	Eileen Costello & Laura Dean
B	2764432 Ontario Limited	Jason Park & Michael Cook
C	600KW Limited	Andrew Biggart
D	Palm One Investments LLC	Michael Melling & Andy Margaritis