Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
September 03, 2021
CASE NO(S).:
PL131355
MM160035
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
1734141 Ontario Limited
Appellant:
Aragon (Wellesley) Developments (Ontario) Corp.
Appellant:
Building and Land Development Association
Appellant:
Catholic Children’s Aid Society of Toronto; and others
Subject:
Proposed Official Plan Amendment No. OPA 183
Municipality:
City of Toronto
OLT Case No.:
PL131355
OLT File No.: OLT Case Name:
PL131355 Lee v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 41(4) of the Ontario Heritage Act, R.S.O. 1990, c. O.18, as amended
Appellants:
Multiple Appellants
Subject:
By-law No. 235-2016 – To designate Historic Yonge Street Heritage Conservation District and Historic Yonge Street Heritage Conservation District Plan
Municipality:
City of Toronto
OLT Case No.:
MM160035
OLT File No.: OLT Case Name:
MM160035 2019284 Ontario Inc. v. Toronto (City)
Heard:
August 20, 2021 in writing
APPEARANCES:
Parties
Counsel/Representative*
City of Toronto
C. Barnett L. Bisset
KingSett Capital Inc. 2019284 Ontario Inc.
E. Costello
Church Wellesley Neighbourhood Association Inc. Bay Cloverhill Community Association Inc.
I. Flett
Oberon Development Corporation
S. Lampert
University of Toronto
A. Pilkington
Darlon Investments Corporation 10 Wood and Church Inc.
M. Laskin D. Bronskill
Plazacorp Properties Limited
M. Flowers
Prattas, G.H.A.K.S. & A.
L. Balkos*
RML 619 Yonge Street Limited RML 9 Isabella Street Limited RML 625 Yonge Street Limited
A. Frank P. Devine
RML Holdings Corp.
B. Smith
Mizrahi Development Group (The One) Inc.
K. Vergis-Mayo
1734141 Ontario Limited
M. Domovitch
DECISION DELIVERED BY S. TOUSAW AND ORDER OF THE TRIBUNAL
1From the Case Management Conference (“CMC”) of June 18, 2021, these two related matters will be heard together:
PL131355, being appeals under the Planning Act related to the Phase 2 hearing of Official Plan Amendment 183 approved by the City of Toronto (“City”) in 2013, being a Site and Area Specific Policy for the area known as North Downtown Yonge; and
MM160035, being appeals under the Ontario Heritage Act to the City’s designation in 2016 of the above-noted area as a Heritage Conservation District and adoption of a Plan (together, the “HCD”).
2At that CMC, persons seeking Party or Participant status who had not filed the requisite form were directed to do so by July 30, 2021. Any Party wishing to oppose a request was directed to file its opposition in writing to the Tribunal by August 13, 2021. This Decision addresses the submissions received.
3The only requests received pertain to three separate but abutting properties that are being assembled for redevelopment. The requests were received after the above dates but prompted no responses in writing from any Party. The Tribunal will approve these common and reasonable requests, recognizing that ample time remains for any issues arising to be raised and addressed at future CMCs for these files.
4RML 619 Yonge Street Limited (“619 Yonge”), as the current owner of 619 Yonge Street, requests to be substituted as the Appellant for the appeal lodged by the former owner. In accordance with Rule 8.2 of the Tribunal’s Rules of Practice and Procedure (“Rules”), Appellant status is granted to 619 Yonge for the HCD appeals as the current owner proceeding with the appeal lodged by the previous owner.
5RML 625 Yonge Street Limited (“625 Yonge”) and RML 9 Isabella Street Limited (“9 Isabella”) did not file appeals but request Party status and are willing to shelter under 619 Yonge’s appeal noted above. With 619 Yonge’s property, these parcels comprise a single site proposed for redevelopment. Status as an added Party is granted to both 625 Yonge and 9 Isabella which shall shelter under 619 Yonge’s appeal. As a single redevelopment site, these added Parties bring relevant interests to the HCD appeals that the Tribunal should consider in pursuit of a fair, just and expeditious resolution of the appeals in accordance with the Rules.
6These Parties, as well as RFT Holdings Corp., are now identified under Appearances above with reference to the correct legal counsel.
7These rulings are so ordered.
“S. Tousaw”
S. Tousaw
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.```