Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 03, 2021
CASE NO(S).: PL200569
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Dandaw Development Ltd. et al
Subject: Application to amend Zoning By-law 438-86 - Refusal or neglect of City of Toronto to make a decision
Existing Zoning: I1 D1 (Industrial)
Proposed Zoning: I1 D1 (Industrial) Site Specific
Purpose: To permit two mixed-use tall buildings at 33 and 26 storeys
Property Address/Description: 10-30 Dawes Road
Municipality: City of Toronto
Municipality File No.: 19 124138 STE 19 OZ
LPAT Case No.: PL200569
LPAT File No.: PL200569
LPAT Case Name: Dandaw Development Ltd. v. Toronto (City)
Heard: July 28, 2021 by video hearing
APPEARANCES:
Parties
Counsel
Dandaw Developments Ltd. and Marlin Springs Limited Partnership
Michael Foderick
City of Toronto
Jason Davidson
Canadian Tire Corporation Limited
Jennifer Evola
Tri-Metro Investments Inc.
Michael Melling
6 Dawes Danforth Inc.
Michael Cara
Minto (Dawes) GP Inc.
John Dawson
Metrolinx
Andrew Baker
MEMORANDUM OF ORAL DECISION DELIVERED BY N. ROBINSON ON JULY 28, 2021 AND ORDER OF THE TRIBUNAL
1This Case Management Conference (“CMC”) was convened for appeals lodged by Dandaw Development Ltd. in relation to the failure of the City of Toronto Council to render a decision in relation to a Zoning By-law Amendment to permit the construction of two tall mixed-use buildings.
2The matter was previously before the Tribunal on March 19, 2021 and, at that time, was subject to a lengthy case management that resulted in the addition of numerous parties, a date being reserved for a hearing and a Procedural Order being issued.
3A further CMC was set for July 28, 2021 to provide a status update to the Tribunal.
4The Tribunal is informed that the parties have made substantial progress in their discussions and there are good prospects for resolution of this matter without a hearing. This stated, the parties indicate that the issues yet to be resolved will require a further lengthy adjournment.
5The parties have requested a further CMC in anticipation of possible resolution of the within matter. The Tribunal orders an additional CMC to be held on Thursday, November 25, 2021 at 10 a.m. by video.
6Parties 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/575991773
Access code: 575 991 773
7Parties 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.
8Persons 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: (Toll Free): 1 888 299 1889 or +1 (647) 497-9373. The access code is 575 991 773.
9Individuals 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.
10This Member is not seized for the purpose of the hearing.
11The Tribunal so orders.
“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 (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.