KG Oakburn Apartments Ltd. v. Toronto (City), 2022 CanLII 101409

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: October 25, 2022

CASE NO(S).: OLT-22-002139

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

Applicant/Appellant: KG Oakburn Apartments Ltd.

Subject: Request to amend the Official Plan – Failure to adopt the requested amendment

Description: To permit the construction of two 18-storey residential buildings

Reference Number: 21 185510 NNY 18 OZ

Property Address: 2-4, 6, 8 and 10-12 Oakburn Crescent

Municipality/UT: Toronto/Toronto

OLT Case No: OLT-22-002139

OLT Lead Case No: OLT-22-002139

OLT Case Name: KG Oakburn Apartments Ltd. v. Toronto (City)

PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Applicant/Appellant: KG Oakburn Apartments Ltd.

Subject: Application to amend the Zoning By-law –Refusal or neglect to make a decision

Description: To permit the construction of two 18-storey residential buildings

Reference Number: 21 185510 NNY 18 OZ

Property Address: 2-4, 6, 8 and 10-12 Oakburn Crescent

Municipality/UT: Toronto/Toronto

OLT Case No: OLT-22-002140

OLT Lead Case No: OLT-22-002139

Heard: September 7, 2022 by video hearing

APPEARANCES:

Parties	Counsel/Representative*
KG Oakburn Apartments Ltd. (“Appellant”)	D. Bronskill*
City of Toronto	J. Braun*
William Wang	Self-represented

MEMORANDUM OF ORAL DECISION DELIVERED BY D. ARNOLD ON SEPTEMBER 7, 2022 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This second Case Management Conference (“CMC”) was held to prepare for a hearing on the merits of the Appellant’s appeals to the Tribunal of the City of Toronto’s failure to make a decision within the statutory time period on an application for an Official Plan Amendment to the City’s Official Plan and an application for a Zoning By-law Amendment to the City’s Zoning By-law to permit the redevelopment of the lands municipally known as 2-4, 6, 8, and 10-12 Oakburn Crescent (the “Subject Property”), in the City of Toronto (“City”), with two 18-storey residential buildings.

PARTY AND PARTICIPANT STATUS

2At the first CMC held on July 14, 2022, Joseph Ricci was granted Party status in this proceeding. By his email of July 16, 2022 to the Tribunal, the Appellant, and the City, Mr. Ricci requested to change from Party to Participant status and, on consent of all Parties, this request is granted and Mr. Ricci will hold Participant status in this proceeding.

3Two other persons were granted Participant Status in this proceeding at the first CMC, namely: Tingting He and Judy Zhang.

4William Wang was granted Party Status at the first CMC.

PROCEDURAL ORDER

5A draft Procedural Order, including the Issues List, was provided to the Tribunal for its consideration prior to this CMC and the finalized Procedural Order for this matter attached as Schedule A to this Order is approved.

MEDIATION OR SETTLEMENT

6The Parties were encouraged to continue with discussions and information exchange as well as to consider opportunities for mediation, including Tribunal-facilitated mediation, in an effort to resolve or narrow the issues of the Appeals. The Tribunal’s Case Coordinator may be contacted in the event that the Parties wish to schedule mediation facilitated by the Tribunal.

HEARING DATES

7The Parties estimated initially that a 10-day hearing would be required in respect of the Appeals. Upon further discussion, at the CMC, regarding the number of witnesses of various expert professions (e.g. Land use planning, urban design, transportation, and possibly engineering) and the extent of their respective anticipated evidence, however, this estimate was revised to a nine-day hearing and the Tribunal concurs with this request.

8The hearing by video will commence at 10 a.m. on Monday, September 18, 2023 for nine days excluding Monday, September 25, 2023 (a holiday) and will be governed by the provisions of the Procedural Order as approved pursuant to this Memorandum of Decision and Order.

9Parties and Participants 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/442599157

Access Code: 442-599-157

10Parties 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.

11Persons 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 1-888-455-1389 or +1 (647) 497-9391 The Access Code is as indicated above.

12Individuals 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 video 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.

ORDER

13The Tribunal so orders and provides these CMC directives for the purposes of the case management of these appeals.

14The Member is not seized in this matter but will remain available for continued case management to the extent that the Tribunal calendar permits.

15No further notice will be given.

“D. Arnold”

D. ARNOLD

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.

Schedule “A”

CASE NO(S).: OLT-22-002139

PROCEDURAL ORDER

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

Applicant/Appellant: KG Oakburn Apartments Ltd.

Subject: Request to amend the Official Plan – Failure to adopt the requested amendment

Description: To permit the construction of two 18-storey residential buildings

Reference Number: 21 185510 NNY 18 OZ

Property Address: 2-4, 6, 8 and 10-12 Oakburn Crescent

Municipality/UT: Toronto/Toronto

OLT Case No: OLT-22-002139

OLT Lead Case No: OLT-22-002139

OLT Case Name: KG Oakburn Apartments Ltd. v. Toronto (City)

PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Applicant/Appellant: KG Oakburn Apartments Ltd.

Subject: Application to amend the Zoning By-law –Refusal or neglect to make a decision

Description: To permit the construction of two 18-storey residential buildings

Reference Number: 21 185510 NNY 18 OZ

Property Address: 2-4, 6, 8 and 10-12 Oakburn Crescent

Municipality/UT: Toronto/Toronto

OLT Case No: OLT-22-002140

OLT Lead Case No: OLT-22-002139

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 September 18, 2023, at 10:00 a.m.

3. The parties’ initial estimation for the length of the hearing is nine (9) days, concluding on September 29, 2023, but excluding September 25, 2023. 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 (see the sample procedural order for the meaning of these terms).

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. 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.

8. 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.

Requirements Before the Hearing

9. If the applicant intends to seek approval of a revised proposal at the hearing, the applicant shall provide copies of the revised proposal, including all revised plans, drawings, proposed instruments, updated supporting documents and reports, to the other Parties on or before March 22, 2023, 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.

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 May 22, 2023 and in accordance with paragraph 22 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. Expert witnesses in the same field shall have a meeting on or before June 20, 2023 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 June 20, 2023.

12. 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 14 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.

13. 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 13 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 14 below.

14. On or before July 20, 2023, the parties shall provide copies of their witness and expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 22 below. On or before August 4, 2023, parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence in accordance with paragraph 22 below.

15. On or before July 20, 2023, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 22 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

16. On or before August 4, 2023, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

17. On or before August 29, 2023, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 22 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

18. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before September 4, 2023.

19. 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.

20. 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.

21. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before September 8, 2023 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.

22. All filings shall be submitted electronically and 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.

23. 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.

This Member is not seized.

So orders the Tribunal.

Attachment to Sample Procedural Order

Meaning of terms used in the Procedural Order:

A 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. An unincorporated group cannot be a party and 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 authorization 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 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). Section 17 of the Ontario Land 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 a list of reports or materials 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 supporting their opinions and conclusions and (5) a list of reports or materials that the witness will rely on at the hearing. An expert witness statement must be accompanied by an acknowledgement of expert’s duty.

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

Additional Information

A summons may compel the appearance of a person before the Tribunal who has not agreed to appear as a witness. A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons through a request. (See Rule 13 on the summons procedure.) The request should indicate how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the information provided in the request that the evidence is relevant, necessary or admissible, the party requesting the summons may provide a further request with more detail or bring a motion in accordance with the Rules.

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.

ATTACHMENT 1

SUMMARY OF DATES

DATE	EVENT
March 22, 2023	Last date to provide copies of revised proposal, including all revised plans and drawings (if any)
May 22, 2023	Exchange of witness lists (names, disciplines and order to be called)
June 20, 2023	Experts Meeting and Agreed Statement of Facts
July 20, 2023	Exchange of Witness Statements, summoned witness outlines, Expert Reports and Participant Statements
August 4, 2023	Exchange of Reply Witness Statements (if any)
August 4, 2023	Confirmation to Tribunal whether all reserved hearing dates are still required
August 29, 2023	Exchange of visual evidence (if any)
September 4, 2023	Preparation of Joint Document Book
September 8, 2023	Final Work Plan filed with the Tribunal
September 18, 2023	Hearing commences

ATTACHMENT 2

LIST OF PARTIES/PARTICIPANTS

PARTIES

1. KG Oakburn Apartments Ltd.

   David Bronskill, Goodmans LLP dbronskill@goodmans.ca 416.597.4299

2. City of Toronto

   Jessica Braun & Colin Dougherty, City of Toronto Legal Services jessica.braun@toronto.ca/colin.dougherty@toronto.ca 416.392.7237/416.392.3116

3. William Wang

   Self-represented williamwang.to@gmail.com

PARTICIPANTS

1. Tingting He hppincanada@gmail.com 647-922-7399

2. Joseph Ricci riccijoseph@gmail.com 416-226-1445

3. Judy Zhang judy2000zhang@yahoo.com

ATTACHMENT 3

ISSUES LIST

1. City of Toronto

2. Height & Density

Is the height of the proposed development and for the zoning by-law amendment good planning? Is the proposed height appropriate for the site? In particular:

a) Does the proposal have appropriate regard for the Tall Building Guidelines, particularly Guidelines 1.4, and 3.1.1?

b) Does the proposal conform with the Toronto Official Plan, particularly OPA 480 polices 3.1.2, 3.1.3, 4.2.2, 4.2.3, and 4.5.2?

c) Does the proposal conform with the North York Centre Secondary Plan, particularly Policies 1.10, 1.13, 1.14, 1.17, 3.2, 3.3, 5.1, 5.2, 5.3, 5.4, and 5.6?

d) Does the proposal have regard for the Planning Act, particularly subsections 2(r)?

2. Built form

Do the proposed development and zoning by-law amendment provide for a built form that is good planning? Is the proposed built form appropriate in terms of massing and transition? In particular:

a) Does the proposal have appropriate regard for the Tall Building Guidelines particularly Guidelines 1.4, 3.1.1 and 3.2.1?

b) Would a Mid-rise built form in accordance with the Mid-Rise Guidelines be a more appropriate form on this site?

c) Does the proposal conform with the Toronto Official Plan, particularly OPA 480 polices 3.1.1, 3.1.2, 3.1.3, 4.2.2, 4.2.3, and 4.5.2?

d) Does the proposal conform with the North York Centre Secondary Plan, particularly Policies 1.13, 1.14, 1.17, 5.1, 5.2, 5.3, 5.4 and 5.6?

e) Does the proposal have regard for the Planning Act, particularly subsections 2(r)?

3. Transportation

Do the proposed development and zoning by-law amendment provide sufficient parking for the development? In particular:

a) Does the proposal conform with the North York Centre Secondary Plan, particularly Policies 4.3, 4.6 and Appendix 1.

b) Does the proposed Transportation Demand Management plan satisfy the requirements of the Toronto Green Standard?

4. Parks

a. Does the proposed development and proposed parkland dedication conform to Policy 3.2.3 of the City of Toronto Official Plan?

b. Has a parkland dedication of an appropriate size, location and configuration been proposed under Section 42 of the Planning Act?

c. Has a parkland dedication been provided which conforms to Chapter 415 Article III of the Toronto Municipal Code?

5. Housing Matters

a. Has the owner replaced within the building at 105 Harrison Garden Boulevard all of the existing rental dwelling units at 2-4, 6, 8, and 10-12 Oakburn Crescent at similar unit sizes, similar or larger bedroom types, and at similar rents to those in effect at the time of submission (January 27, 2005) of the former Zoning By-law Amendment application 05 105152 NNY 23 OZ for the lands at 1-12 Oakburn Crescent and 14-40 Oakburn Place?

b. Has the owner satisfied all of its rental housing obligations under the Section 37 Agreement between K&G Oakburn Apartments I Ltd., K&G Oakburn Apartments II Ltd., and the City, dated October 24, 2007 and registered on title to the lands at 1-12 Oakburn Crescent and 14-40 Oakburn Place on February 26, 2008, including the obligation to provide lists to the City which designate each of the affordable replacement rental units by address, bedroom type, and floor area at the time of initial occupancy and on the anniversary of initial occupancy?

c. Has the owner developed an acceptable Tenant Relocation and Assistance Plan addressing the right of existing tenants of 2-4, 6, 8, and 10-12 Oakburn Crescent to return to either a new or a replacement rental unit on the lands at 2-4, 6, 8, and 10-12 Oakburn Crescent at similar rents or a replacement rental unit at 105 Harrison Garden Boulevard at similar rents, the provision of alternative accommodation at similar rents, and other assistance to mitigate hardship?

6. Engineering Matters

a. Is there sufficient infrastructure capacity to accommodate the proposed development (including water, sanitary and stormwater)?

b. Has an appropriate overland flow route been provided to accommodate flows through this proposed development?

7. Order if approved

In the event the proposed development is approved in whole or in part, should the Tribunal Order be withheld until the following conditions are satisfied:

a) The official plan and zoning by-law amendment has been prepared in a content and form satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning;

b) The owner has submitted revised architectural and landscape plans, to the satisfaction of the Chief Planner and Executive Director, City Planning;

c) The owner has submitted revised shadow study and wind tunnel test and study, to the satisfaction of the Chief Planner and Executive Director, City Planning;

d) The owner has addressed all outstanding issues raised by Engineering and Construction Services as they relate to the Official Plan and Zoning By-law Amendment application, to the satisfaction of the Chief Engineer and Executive Director, Engineering and construction Services;

e) The owner has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review as they relate to the Official Plan and Zoning By-law Amendment application, to the satisfaction of the Supervisor, Tree Protection and Plan Review; General Manager, Parks, Forestry and Recreation and the City Solicitor;

f) the owner has submitted the information necessary for the City Solicitor and the Chief Planner and Executive Director, City Planning to determine whether the owner has satisfied all of its obligations under the Section 37 Agreement between K&G Oakburn Apartments I Ltd., and the City, dated October 24, 2007 and registered on title to the lands on February 26, 2008;

g) the owner has submitted, and City Council has approved, a Rental Housing Demolition application under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to permit the demolition of the sixty-six (66) existing rental dwelling units at 2-4, 6, 8, and 10-12 Oakburn Crescent, and the owner has entered into, and registered on title to the lands, a Section 111 Agreement with the City, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, securing all rental housing-related matters necessary to implement City Council's decision, including, if deemed necessary by Council:

1. the full replacement of any of the sixty-six (66) existing rental dwelling units on the lands that have not already been replaced at 105 Harrison Garden Boulevard;
2. the rents, rental tenure, unit mix, and unit sizes of any replacement rental dwelling units that have not already been provided at 105 Harrison Garden Boulevard;
3. an acceptable Tenant Relocation and Assistance Plan addressing the right for existing tenants of 2-4, 6, 8, and 10-12 Oakburn Crescent to return to a new or replacement rental unit on the lands at similar rents or a replacement rental unit at 105 Harrison Garden Boulevard at similar rents, the provision of alternative accommodation at similar rents, and other assistance to mitigate hardship, all to the satisfaction of the Chief Planner and Executive Director, City Planning; and
4. any other rental housing-related matters in conformity with Section 3.2.1 of the Official Plan and Chapter 667 of the Toronto Municipal Code.

B. William Wang

1. Can fire and/or ambulance services access existing area detached homes, townhomes and condos, in a timely manner, in the event that the development is approved? In particular:

(a) During winter months where snow may be plowed to form banks on both sides of the street; and

(b) When another service vehicle such as parcel/grocery/food delivery trucks, taxi/uber, wheel-trans truck, ambulance or fire truck is parked temporarily on one side of the street?

2. Can students safely walk to/from Avondale Public School given Oakburn Crescent’s close proximity to Avondale Public School?

3. Is there capacity from existing TDSB and TCDSB schools that are reasonably accessible and within half-hour walking distance for school-aged students to support the approval of the proposed development and, in particular, with the accumulative effect of increases in elementary and secondary students from proposed development at 48 Avondale Avenue (OLT-22-002137)?

4. Are there sufficient public facilities that are reasonably accessible in the area to support the increased population that the proposed development will introduce? In particular:

(a) Community Centre that is appropriately proportional to the population density in this neighbourhood;

(b) Public Library that is appropriately proportional to the population density in this neighbourhood;

(c) Childcare service that is appropriately proportional to the population density in this neighbourhood; and

(d) The accumulative population increase from the proposed development at 48 Avondale Avenue (OLT-22-002137)

5. Should electronic charging stations and/or car share spaces be required as part of the proposed development? In particular:

(a) With all major automotive manufacturers plan to move to electrical vehicles as their mainstream offering?

(b) Is there sufficient power from the Toronto hydro infrastructure to support these charging stations?

(c) The accumulative electricity demand of EV charging stations that may be introduced by the proposed development at 48 Avondale Avenue (OLT-22-002137)?

ATTACHMENT 4

ORDER OF EVIDENCE

1. KG Oakburn Apartments Ltd
2. City of Toronto
3. William Wang
4. KG Oakburn Apartments Ltd., in reply (if any)