ISSUE DATE: August 20, 2021

CASE NO.: PL210092

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Phantom Developments Teagarden Limited

Subject: Request to amend the Official Plan and Zoning By-law - Failure of the City of Toronto to adopt the requested amendment

Existing Designation: Mixed Use

Proposed Designated: Unchanged

Purpose: To permit a density increase from an FSI of 3.99 to 4.63

Property Address/Description: 2, 4 & 6 Teagarden Court

Municipality: City of Toronto

Approval Authority File No.: 20 192585 NNY 18 OZ

OLT Case No.: PL210092

OLT File No.: PL210092

OLT Case Name: Phantom Developments Teagarden Limited 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: Phantom Developments Teagarden Limited

Subject: Application to amend Zoning By-law No. By-law No. 7625 - Neglect of City of Toronto to make a decision

Existing Zoning: RM6(251)

Proposed Zoning: To permit a 3-storey increase in height to the permitted 11-storey residential building currently under construction together with a commensurate density increase from an FSI of 3.99 to 4.6

Purpose: To permit a 14-storey residential building

Property Address/Description: 2, 4 & 6 Teagarden Court

Municipality: City of Toronto

Municipality File No.: 20 192585 NNY 18 OZ

OLT Case No.: PL210092

OLT File No.: PL210093

STEVEN COOKE

Friday, the 20th

MEMBER

day of August, 2021

THE TRIBUNAL ORDERS that the Procedural Order, attached hereto, shall be in full force and effect.

“Becky Fong”

BECKY FONG

REGISTRAR

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.

PROCEDURAL ORDER

1. The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties’ request or its own motion.

Organization of the Hearing

2. The video hearing will begin on October 19, 2021, at 10:00a.m.

3. The Parties’ initial estimation for the length of the hearing is 4 days. The Parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible. The procedural order deadlines are generally found in Attachment 1.

4. The Parties and Participants identified at the Case Management Conference are set out in Attachment 2.

5. The issues are set out in the Issues List attached as Attachment 3. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.

6. The order of evidence shall be as set out in Attachment 4 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.

7. The purpose of this Procedural Order and the meaning of the terms used in this Procedural Order are set out in Attachment 5.

8. Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the Case Management Conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.

9. Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website (https://olt.gov.on.ca/tribunals/lpat/).

Requirements Before the Hearing

10. A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of the witnesses and the order in which they will be called. This list must be delivered on or before August 3, 2021, and in accordance with paragraph 23 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.

11. If the applicant intends to seek approval of a revised proposal at the hearing, the applicant shall provide copies of revised plans and drawings to the other parties and the Tribunal on or before August 13, 2021. The applicant acknowledges that any revisions to the proposal after that date without the consent of the parties may be grounds for a request to adjourn the hearing.

12. Expert witnesses in the same field shall have a meeting on or before August 31, 2021, and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before September 2, 2021.

13. An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 15 below. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.

14. Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s evidence as in paragraph 15 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 15 below.

15. On or before September 13, 2021, the parties shall provide copies of their witness statements and expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 25 below.

16. On or before September 13, 2021, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 25 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

17. On or before October 5, 2021, a party may provide to all other parties and the Tribunal any reply witness statements, responding to any written evidence received under paragraphs 15 and 16.

18. On or before October 5, 2021, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 25 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

19. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before October 12, 2021.

20. On or before October 15, 2021, the parties shall provide copies of their reply visual evidence to all of the other parties in accordance with paragraph 25 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

21. Any documents which may be used by a party in cross examination of an opposing party’s witness shall be password protected and only be accessible to the Tribunal and the other parties if it is introduced as evidence at the hearing, pursuant to the directions provided by the OLT case co-ordinator, on or before October 15, 2021.

22. A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.

23. A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.

24. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before October 4, 2021 with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.

25. All filing shall be electronic and, where feasible, in hard copy. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7.

26. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.

ATTACHMENT 1 SUMMARY OF DATES FOR THE HEARING

DATE

EVENT

August 3, 2021

Parties to exchange lists of witnesses (names, disciplines and order to be called)

August 13, 2021

Last date to provide copies of revised proposal, including revised plans and drawings (if any)

August 31, 2021

Expert witnesses to have a meeting to try to resolve or reduce the issues for the hearing

September 2, 2021

Expert witnesses to prepare list of agreed facts and advise on the remaining issues to be addressed at the Hearing.

September 13, 2021

Witness Statements, Participant Statements, expert reports, and written evidence of witnesses to be exchanged.

October 4, 2021

Parties to file draft Hearing Plan with the Tribunal.

October 5, 2021

Reply written evidence to be exchanged

October 5, 2021

Parties to exchange copies of visual evidence

October 12, 2021

Parties to file Joint Document Book with the Tribunal

October 15, 2021

Parties to exchange copies of reply visual evidence

October 19, 2021

Hearing commences

ATTACHMENT 2 LIST OF PARTIES AND PARTICIPANTS

PARTIES

Party

Counsel / Representative

Phantom Developments Teagarden Limited

Aaron Platt & Zachary Fleisher Davies Howe LLP 425 Adelaide Street West, 10th Floor Toronto, ON M5V 3C1 Email: aaronp@davieshowe.com zacharyf@davieshowe.com Tel: (416) 263-4500

City of Toronto

Sara Amini City of Toronto, Legal Services Division Metro Hall, 26th Floor 55 John Street Toronto, ON M5V 3C6 Email: Sara.Amini@toronto.ca Tel: (416) 392-2723

PARTICIPANTS

Participant’s Names

Contact Information

Yervant Chouljian

Email: yervantc@sympatico.ca Tel: (416) 225-9418

Taleen Chouljian

Email: taleen.chouljian@gmail.com Tel: (416) 432-7595

Katherine Martial

Email: kemartial@gmail.com Tel: (416) 919-1794

ATTACHMENT 3 ISSUES LIST FOR HEARING

NOTE: The identification of an issue on the Issues List does not constitute an acknowledgement by the Tribunal or any party that the issue is either relevant or appropriate. The identification of an issue on this list by a party indicates that party’s intent to lead evidence or argue that the issue is relevant to the proceeding, for the purpose of fairly identifying to the other parties the case they need to meet and shall not be construed as the Tribunal have jurisdiction over such matters in each circumstance. Accordingly, no party shall advance an issue not identified on the Issues List without leave of the Tribunal.

City of Toronto

Planning Act

1. Would the approval of the proposed development, Official Plan Amendment and Zoning By-law Amendment have appropriate regard for the decisions of City Council where required by Section 2.1 of the Planning Act?

2. Are the proposed development, Official Plan Amendment and Zoning By-law Amendment consistent with the purposes of the Planning Act as set forth in Section 1.1(f) of the Act?

City of Toronto Official Plan

3. Does the proposed development conform to the following policies of the City of Toronto Official Plan: 3.1.2.5 & 4.5.2(c)?

4. Does the proposed development conform to the following policies of the Sheppard East Subway Corridor Secondary Plan: 2 (f), 4.1(e), 4.2.2.1 & 4.3.1?

Site Specific Issues

5. Does the proposal respect the planned and existing built context?

6. Do the proposed development, Official Plan Amendment and Zoning By-law Amendment represent good planning and is approval of the proposal in the public interest?

7. Has the applicant satisfied all engineering issues identified in the March 10, 2021 memorandum from the Manager, Development Engineering, North York?

8. In the event that the Tribunal allows the appeal in whole or in part, what are the appropriate benefits under Section 37 of the Planning Act to be secured as a part of the Zoning Bylaw Amendment?

Conditions

9. If the proposed development is approved in whole or in part, should the Tribunal's Final Order be withheld until the following conditions are satisfied and the Tribunal receives confirmation from the City Solicitor that:

a. the final form, of the Official Plan Amendment and Zoning By-law Amendments are to the satisfaction of the Director, Community Planning, Etobicoke York District, and the City Solicitor;

b. in the event the Tribunal finds that the Applicant should be required to make a contribution pursuant to s.37 of the Planning Act, should the final order of the Tribunal be withheld pending registration of an amendment to the existing s.37 Agreement on title to the subject lands; and

c. where Engineering issues identified in the March 10, 2021 memorandum from the Manager, Development Engineering, North York (noted in Issue 7, above) have not yet been addressed, that any remaining issues have been resolved to the satisfaction of Engineering and Construction Services?

ATTACHMENT 4 ORDER OF EVIDENCE

1. Phantom Developments Teagarden Limited

2. City of Toronto

3. Phantom Developments Teagarden Limited (Reply)

ATTACHMENT 5 Purpose of the Procedural Order and Meaning of Terms

Party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other parties, and making submissions on all of the evidence. If an unincorporated group wishes to become a party, it must appoint one person to speak for it, and that person must accept the other responsibilities of a party as set out in the Order. Parties do not have to be represented by a lawyer, and may have an agent speak for them. The agent must have written authorisation from the party.

NOTE that a person who wishes to become a party before or at the hearing, and who did not request this at the case management conference (CMC), must ask the Tribunal to permit this.

A participant is an individual, group or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a party may do so). Subsection 33.2 of the Local Planning Appeal Tribunal Act states that a person who is not a party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A participant may also be asked questions by the parties should the Tribunal direct a participant to attend a hearing to answer questions on the content of their written submission.

A participant must be identified and be accorded participant status by the Tribunal at the CMC. A participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A participant cannot ask for costs, or review of a decision, as a participant does not have the rights of a party to make such requests of the Tribunal.

Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party or participant intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.

Visual evidence includes photographs, maps, videos, models, and overlays which a party or participant intends to present as evidence at the hearing.

A witness statement is a short written outline of the person’s background, experience and interest in the matter; a list of the issues which he or she will discuss and the witness’ opinions on those issues; and a list of reports that the witness will rely on at the hearing.

An expert witness statement should include his or her (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness’ opinions on those issues and the complete reasons for the opinions and (5) a list of reports that the witness will rely on at the hearing.

A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a list of the issues which the participant wishes to address and the submission of the participant on those issues; and a list of reports, if any, which the participant wishes to refer to in their statement.

Additional Information

Summons: A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons. This request must be made before the time that the list of witnesses is provided to the Tribunal and the parties. (See Rule 13 on the summons procedure.) If the Tribunal requests it, an affidavit must be provided indicating how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the affidavit, it will require that a motion be heard to decide whether the witness should be summoned.

The order of examination of witnesses: is usually direct examination, cross-examination and re-examination in the following way:

• direct examination by the party presenting the witness;

• direct examination by any party of similar interest, in the manner determined by the Tribunal;

• cross-examination by parties of opposite interest;

• re-examination by the party presenting the witness; or

• another order of examination mutually agreed among the parties or directed by the Tribunal.