Ontario Land Tribunal / Tribunal ontarien de l'aménagement du territoire
ISSUE DATE: August 16, 2021
CASE NO(S).: PL210317
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 950 King Street West Holdings Inc.
Subject: Application to amend Zoning By-law No. 438-86 – Refusal or neglect of City of Toronto to make a decision
Existing Zoning: CR T2.5 C2.0 R2.5
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit a 14-storey mixed use building
Property Address/Description: 938-950 King Street West and 95-99 Strachan Avenue
Municipality: City of Toronto
Municipality File No.: 18 153602 STE 19 OZ
OLT Case No.: PL210317
OLT File No.: PL210317
OLT Case Name: 950 King Street West Holdings Inc. v. Toronto (City)
Heard: August 12, 2021 by video hearing ("VH")
APPEARANCES:
| Parties | Counsel |
|---|---|
| City of Toronto | Daniel Elmadany |
| 950 King Street West Holdings Inc. | Thomas Halinski and Laura Deans |
| 1173044 Ontario Limited | Michael Foderick |
| King West Co. (736921 Ontario Ltd.) | Russell Cheeseman |
MEMORANDUM OF ORAL DECISION DELIVERED BY WILLIAM R. MIDDLETON ON AUGUST 12, 2021 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference ("CMC") in this matter and was held by video hearing ("VH") by the Ontario Land Tribunal ("Tribunal" or "OLT") on August 12, 2021. This appeal involves certain zoning by-law amendments to City of Toronto ("City") By-law No. 438-86 ("ZBA") sought by 950 King Street West Holdings Inc. ("Appellant") and conditionally granted by the City Council to permit a mixed use development including a 14-storey residential tower at the site comprising 938-950 King Street West and 95-99 Strachan Avenue in the City ("Development").
2The initial Parties are the City and the Appellant, which takes issue with the failure of the City to make a timely decision to grant its unconditional approval of the ZBA and the proposed Development.
3The three issues dealt with at the CMC were:
(a) Three additional requests for Party status;
(b) Several requests for Participant status; and
(c) Certain matters concerning a draft Procedural Order ("PO").
4The following requested Party status in this matter: 1173044 Ontario Limited which is the owner of lands (111-127 Strachan Avenue in the City), located directly adjacent to the north of the proposed Development; King West Co. (736921 Ontario Ltd.), which is the owner of lands adjacent to the east of the Development known municipally as 922 to 934 King Street West and 44 to 50 Stafford Street in the City; and Daniel Cowling, an individual residing in the neighbourhood close to the proposed Development.
5The Appellant and the City do not oppose the Party status requests of 1173044 Ontario Limited and King West Co., and taking into account Part III of the Ontario Land Tribunals Act, S.O. 2021, c. 4, and Rules 1, 7 and 19 of the Tribunal's Rules of Practice and Procedure, and in light of the clear interests of these two corporate property owners concerning the possible development of the lands directly adjacent to their lands, the Tribunal grants both of these Party status requests.
6Mr. Cowling is an architect and purported to appear on behalf of many residents near to the proposed Development, none of whom were in attendance at the VH. He and those individuals are in active discussions about retaining counsel and expert witnesses with the intention of becoming a Party in order to take an active role in this proceeding. However, Mr. Cowling requires more time to make the necessary arrangements with those individuals. The Parties are not opposed to a reasonable extension of time for that purpose. Mr. Cowling may eventually decide to instead seek Participant status only, depending on the outcome of his planned discussions. The Tribunal is prepared to grant Mr. Cowling a further period of 30 days from the date of the CMC to file further relevant documentation with the OLT to confirm his Party status request or to instead seek Participant status.
7The following persons sought Participant status in this proceeding and each duly filed a request with the Tribunal prior to the CMC: William Martin; Carol Martin; Karen Martin; Roselby Rodrigues; Rino Zan; Todd Fraracci; Patsy Stevens; Trish Kaliciak; Brenda Bent; and Anne Beach Johnston. Based on the available information, it appears that William Martin and Carol Martin reside in the same household. None of these prospective Participants were present at the VH, perhaps due to confusion about the purpose of the CMC, according to Mr. Cowling who knows many of them personally.
8Counsel for the City and for all other Parties had no objection to the requests for Participant status described in paragraph [7] above. In light of this, upon considering the details provided in the requests filed on behalf of each prospective Participant, and taking into account Part III of the Ontario Land Tribunals Act, S.O. 2021, c. 4, and Rules 1, 7 and 19 of the Tribunal's Rules of Practice and Procedure, the OLT granted Participant status to: Carol Martin (as the sole representative on of her household in which William Martin, another requestor, also resides); Karen Martin; Roselby Rodrigues; Rino Zan; Todd Fraracci; Patsy Stevens; Trish Kaliciak; Brenda Bent; and Anne Beach Johnston.
9Counsel for the Parties indicated at the VH that they require up to a 10-day hearing before the Tribunal. They noted that they are actively discussing and finalizing a PO, which they expect to be in either final form for review by the Tribunal by 30 days following the CMC, subject to possible revision in the event that Mr. Cowling or another entity is granted Party status.
ORDER
10At the request of the Parties, a ten-day hearing has been set by the Tribunal Registrar, which will be held on July 18-29, 2022.
11This proceeding shall proceed to a hearing for ten (10) days commencing on Monday, July 18, 2022 at 10 a.m. as follows:
https://global.gotomeeting.com/join/504052229
Access Code: 504 052 229
12For the video hearing, all parties and participants are asked to access and set up the application at least 15 minutes 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.
13Individuals are directed to connect to each of the events on the assigned dates at the correct time. It is the responsibility of the persons participating in the hearing 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.
14Observers and persons who experience technical difficulties accessing either of the video hearing events using 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 1 888 455 1389 or +1 (647) 497-9391. The Access Code is as indicated above.
15Daniel Cowling shall, within 30 days of this CMC, being no later than Monday, September 13, 2021, submit additional material to support either (a) his request for Party status as an individual or on behalf of another entity; or, in the alternative, (b) his request for Participant status. If the Parties consent to Mr. Cowling's request, they shall file their confirmations with the Tribunal. If one or more of the Parties oppose such request, they shall file a statement containing the basis for their position(s), following which the Tribunal will determine the issue in writing or, at the Tribunal's discretion, will schedule a further telephone conference call or VH.
16The Parties shall file a revised PO with the Tribunal within 30 days of this CMC, being no later than Monday, September 13, 2021. If the PO is not in agreed form, or otherwise requires revision, the Parties shall identify areas of disagreement and/or describe the expected, required revisions. Following this, the Tribunal will determine the changes required to be made to the PO and finalize it for issuance or, at the Tribunal's discretion, will schedule a further telephone conference call or VH.
17The entities described above in paragraph [8] are granted Participant status in this case.
"William R. Middleton"
William R. Middleton
MEMBER
Ontario Land Tribunal
Website: www.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.