Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 05, 2021
CASE NO(S).: PL210045
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 1140 Yonge Inc.
Subject: Request to amend the Official Plan - Failure of the City of Toronto to adopt the requested amendment
Existing Designation: Mixed Use Areas and Neighbourhoods
Purpose: To permit a 13-storey mixed-use building
Property Address/Description: 1134-1140 Yonge Street
Municipality: City of Toronto
Approval Authority File No.: 20 189124 STE 11 OZ
OLT Case No.: PL210045
OLT File No.: PL210045
OLT Case Name: 1140 Yonge Inc. 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: 1140 Yonge Inc.
Subject: Application to amend Zoning By-law Nos. 438-86 and 569-2013 - Refusal or neglect of the City of Toronto to make a decision
Existing Zoning: CR Zone
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit a 13-storey mixed-use building
Property Address/Description: 1134-1140 Yonge Street
Municipality: City of Toronto
Municipality File No.: 20 189124 STE 11 OZ
OLT Case No.: PL210045
OLT File No.: PL210046
Heard: August 4, 2021 by video hearing
APPEARANCES:
Parties Counsel
1140 Yonge Inc. M. Laskin
City of Toronto A. Suriano
BRL Realty Limited M. Flynn-Guglietti
ABC Residents’ Association C. Kapelos
Frank Copping Self-represented
MEMORANDUM OF ORAL DECISION DELIVERED BY STEVEN COOKE ON AUGUST 4, 2021 AND ORDER OF THE TRIBUNAL
1This was the second Case Management Conference (“CMC”) for the appeals by 1140 Yonge Inc. (“Applicant”) under s. 22(7) and s. 34(11) of the Planning Act, for the Council of the City of Toronto (“City”) failure to make a decision on an official plan amendment (“OPA”) and zoning by-law amendment (“ZBA”) application for the lands municipally known as 1134-1140 Yonge Street (“Subject Lands”).
2The purpose of this CMC was to review the draft Procedural Order (“PO”), and to review the status requests to these proceedings for Messrs. Frank Copping and Tony Grant.
REQUEST OF PARTY STATUS
3The Tribunal deferred the decision on whether it was appropriate to grant Participant or Party status to Mr. Copping to this CMC.
4Counsel for the Applicant expressed concerns to the Tribunal that with self-represented status, it would not be appropriate for Mr. Copping to be able to give testimony as a witness while having the rights to question other expert witnesses.
5Mr. Copping stated that he understood the concerns of the Parties and informed the Tribunal that it was his intentions to bring forward to the proceeding a land-use planning witness.
6Based on the clarification that Mr. Copping intends to put forward a case with expert witnesses, the Parties indicated to the Tribunal that they would have no issues with the Party status requested.
7The Tribunal has granted Party status to Mr. Copping on the condition that he meets the requirement of s. 9 of the PO that states:
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, curriculum vitae, and the intended order in which they are intended to be called. This list must be delivered on or before May 10, 2022 (55 days before the hearing date).
REQUEST OF PARTICIPANT STATUS
8Mr. Grant’s request for Participant status was also deferred to this CMC. Mr. Grant is a local resident that lives in the immediate area of the Subject Site. The Parties had informed the Tribunal that they have no concerns or objection to the request of Mr. Grant.
9The Tribunal is satisfied that the requirements have been met and grants Participant status to Mr. Grant.
DRAFT PROCEDURAL ORDER
10Mr. Laskin presented to the Tribunal a draft PO that included various scenario’s depending on what status was to be granted to Messrs. Copping and Grant. The Tribunal was satisfied that the draft PO is in order and is approved. Mr. Laskin was tasked with updating the PO to distribute to the Tribunal and Parties.
11This is the Order of the Tribunal.
“Steven Cooke”
STEVEN Cooke
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.