Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 04, 2022
CASE NO(S).: OLT-22-002373 (Formerly PL200495)
PROCEEDING COMMENCED UNDER section 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: D.D. Acquisitions Partnership
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: Failure of City of Toronto to announce a decision respecting Proposed Official Plan Amendment No. 19
Reference Number: 19 251045 ESC 21 OZ
Property Address: 1 Rannock Street et al.
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-22-002373
Legacy Case No: PL200495
OLT Lead Case No: OLT-22-002373
Legacy Lead Case No: PL200495
OLT Case Name: D.D. Acquisitions Partnership v. Toronto (City.)
Heard: October 3, 2022 by video hearing
APPEARANCES:
Parties
Counsel
D.D. Acquisitions Partnership
Sharmini Mahadevan
City of Toronto
Daniel Elmadany Amanda Hill
Bell Canada
Lee English
CP Reit
Maggie Bassani Sidonia Tomasella (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY T. PREVEDEL ON OCTOBER 3, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The matter before the Tribunal is an appeal by D. D. Acquisitions Partnership pursuant to subsection 22(7) of the Planning Act with respect to the City of Toronto’s failure to announce a decision respecting Proposed Official Plan Amendment No. 19.
2D.D. Acquisitions Partnership is the owner of the lands municipally known as 1 Rannock Street, 860 Pharmacy Avenue, 9, 15, 19, 23, 32 and 40 Craigton Drive in the City of Toronto. The subject site is approximately 2.91 hectares in size and is located near the northwest of the corner of Eglinton Avenue East and Pharmacy Avenue. The site is currently occupied by eight 3½ storey apartment buildings which are served by surface parking lots.
3The purpose of this Case Management Conference (“CMC”) was to receive a status update from the Parties.
4Ms. Mahadevan advised the Tribunal that the Appellant’s discussions with the City have been successful, and that Council has supported a proposed settlement with certain conditions regarding the Appellant’s Official Plan Amendment.
5The Parties are actively engaged in settlement discussions and hope to have settlement documents finalized within the next month.
6On consent of the Parties, a one-day CMC will be scheduled for a Settlement Hearing.
Case Management Conference
7A CMC has been scheduled for Tuesday, December 6, 2022, at 10 a.m. by video hearing.
8Parties 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://meet.goto.com/615144733
Access Code: 615-144-733
9Parties are asked to access and set up the application well in advance of the events to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html.
10Persons 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) 497-9373. The access code is 615-144-733.
11Individuals 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 hearing by video 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
12The next CMC is scheduled to proceed on Tuesday, December 6, 2022, at 10 a.m. by video hearing.
13The Parties are directed to submit the settlement documents to the Tribunal no later than ten (10) days in advance of the Hearing.
14This Member is not seized.
15No further Notice will be given.
“T. Prevedel”
T. PREVEDEL
MEMBER
(**) TRIBUNAL ANNOTATION
This Case Management Conference Memorandum of Oral Decision and Order was submitted by the late Member in complete and final form for processing and issuance on October 4, 2022, and without any material amendment, and upon direction of the Chair, is now issued posthumously by the Tribunal.
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.