Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 3, 2022
CASE NO(S).: OLT-22-002795 (formerly PL170833)
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: 1709492 Ontario Limited Appellant: 2041134 Ontario Limited Appellant: 431 College Street (SD) GP Inc. Appellant: The Governing Council of the University of Toronto Subject: Proposed Official Plan Amendment No. 13 177789 SPS 00 TM Municipality: City of Toronto OLT Case No.: OLT-22-002795 Legacy Case No.: PL170833 OLT Lead Case No.: OLT-22-002795 Legacy Lead Case No.: PL170833 OLT Case Name: 1095909 Ontario Limited v. Toronto (City)
Heard: October 21, 2022 by video hearing
APPEARANCES:
| Parties | Counsel*/Representative |
|---|---|
| City of Toronto | Jason Davidson* Gabe Szobel* (in absentia) |
| 1709492 Ontario Ltd. | Michael Domovich |
| 431 College St (SD) GP Inc | Ian Andres* (in absentia) |
| Grange Community Association | Max Allen (in absentia) |
| Harbord Village Residents Association | Susan Dexter (in absentia) |
| Cawthra Mansions Cooperative Inc. | Don Young (in absentia) |
MEMORANDUM OF ORAL DECISION DELIVERED BY BRYAN W. TUCKEY ON OCTOBER 21, 2022 AND ORDER OF THE TRIBUNAL
1The Tribunal convened a Case Management Conference (“CMC”) with respect to one of the outstanding appeals regarding Official Plan Amendment No. 379 (“OPA”). The OPA was adopted by the City of Toronto (“City”) Council on May 24, 2017 to provide site-specific planning guidance for the future development on College Street between McCaul Street and Bathurst Street.
2There are two outstanding appeals with respect to the OPS being 1709492 Ontario Limited (“1709 Ontario”) and 431 College Street (SD) GP Inc. (“431 College”). The 431 College and 1709 Ontario appeals have each been previously adjourned on a site-specific basis by the Tribunal. There are three ratepayer organizations that remain parties to this matter as noted in the appearances. Each continue to have interest in and are monitoring the two remaining appeals.
3The purpose of this CMC is to review a go forward strategy with respect to the appeal by 1709 Ontario. The Tribunal granted a request to adjourn 1709 Ontario with the understanding of specific conditions provided by the City including “1709492 agrees to submit a complete site-specific application… to the City no later than September 4, 2021”
4Both the City and 1709 Ontario have now agreed to the following:
a) a request that the Tribunal extend the deadline to submit a site-specific application to May 31, 2023;
b) a request to have a written order of the Tribunal confirming that in the event an application is not made by May 31, 2023, that the appeal maintained by 1709 Ontario is dismissed without further notice or direction from the Tribunal ;
c) The City has agreed to not bring a motion for costs in the event that the 1709 Ontario appeal is ultimately dismissed; and
d) 1709 Ontario has agreed to confirm that it understands its right to seek counsel and that it has chosen not to.
5Mr. Davidson, Counsel for the City, advised the Tribunal the majority of the OPA is in effect except with respect to the two adjourned site-specific matters. The City is in the position to solidify the timeline with respect to the previous adjournment for 1709 Ontario to allow additional portions of the OPA to come into full force and effect. Mr. Davidson noted that the City has been very flexible and patient with 1709 Ontario, but this appellants appeal has been in process for approximately eight years, and it is time to bring matters to closure in the manner suggested.
6Mr. Domovich advised the Tribunal that he agreed on consent to the deadline of providing a site-specific application before May 31, 2023 and the fact that 1709 Ontario’s appeal would be dismissed without further notice or direction from the Tribunal if this application is not received by the City at that time. He is currently in the process of retaining the team necessary to provide required information, and understands the implications of his choice not to seek the advice of counsel.
7At the CMC, there is considerable discussion with respect to the difference, if any, of an application vs. a complete application as it relates to this agreed go forward strategy. Suffice it to say, it is clear to the Tribunal that any application that is made to the City must be of sufficient detail and breadth to allow City staff to properly review, evaluate, and comment on the said application. The City is very clear in all dealings with potential applicants to ensure they understand the threshold that must be met to consider a planning related application. Such applications must include all required background material and studies that are prescribed either through Provincial or City statute.
8Mr. Domovich stated that he is:
a) very familiar with the application process of the City and is aware of what studies or background information is required for a properly submitted application; and
b) committed to make his best efforts to submit an application that is complete and complies with the requirements of both the Planning Act and the City’s policies and procedures.
9The Tribunal queried the City with respect to the status of 431 College which is the other adjourned matter with respect to the OPA. Mr. Davidson noted that a site-specific application was submitted by 431 College in a timely matter and the City is presently in the process of reviewing, evaluating, and working with 431 College to bring this site-specific application to an appropriate conclusion.
ORDER
10Accordingly, the Tribunal Orders:
a) the request to extend the deadline for 1709492 Ontario Limited to submit a site-specific application to the City of Toronto no later that May 31, 2023 is granted;
b) that in the event an application is not made by May 31, 2023, that the appeal maintained by 1709492 Ontario Limited is dismissed without further notice or direction from the Tribunal;
c) the City will not bring a motion for costs in the event that 1709492 Ontario Limited’s appeal is ultimately dismissed; and
d) the City will notify the Tribunal and all parties in writing no later than 4:30 p.m. Friday June 23, 2023 as to whether a suitable application has been received from 1709492 Ontario Limited describing whether the appeal should be maintained or dismissed.
11The Member is not seized.
12There is not further notice.
“bryan W. Tuckey”
BRYAN W. TUCKEY
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.