Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 10, 2022
CASE NO(S).: OLT-22-003987
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: 2711895 Ontario Inc.
Subject: Application to amend Zoning By-law No. 569-2013 – Neglect or Refusal of application by the City of Toronto
Existing Zoning: CR 3.0 (c3.0;r2.2) SS2 (x869)
Proposed Zoning: CR 3.0 (c3.0;r2.2) SS2 (x869)
Purpose: To permit a 10-storey mixed use building
Property Address/Description: 351, 353, 355, 357, 359, 361, 363, and 365 Royal York Road
Municipality: City of Toronto
Reference No.: 21 196590 WET 03 OZ
OLT Lead Case No.: OLT-22-003987
OLT Case No.: OLT-22-003987
OLT Case Name: 2711895 Ontario Inc. v. Toronto (City)
Heard: October 28, 2022 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| 2711895 Ontario Inc. | Barry Horosko |
| City of Toronto | Jessica Braun Colin Dougherty |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. BOBKA ON OCTOBER 28, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference (“CMC”) regarding an appeal pursuant to s. 34(11) of the Planning Act (“Act”) by 2711895 Ontario Inc. (“Appellant”) against the City of Toronto for failure to make a decision within the statutory timeframe on an application for a Zoning By-law Amendment (“ZBA”) for the properties municipally known as 351, 353, 355, 357, 359, 361, 363, and 365 Royal York Road (“Subject Lands”), in the City of Toronto (“City”).
2The ZBA is required to permit a ten (10) storey mixed use building containing 282 dwelling units, 870 square metres (“sq m”) of retail space on the ground floor and two levels of below-grade parking (206 parking spaces). The proposed height is approximately 39.6 metres (“m”), including the mechanical penthouse.
3The Tribunal confirmed that proper Notice was given and marked the Affidavit of Service as Exhibit 1.
MEDIATION AND SETTLEMENT
4The Tribunal inquired as to any opportunities for settlement, including the use of Tribunal-led mediation. Mr. Horosko indicated that the Appellant was open to settlement discussions. Ms. Braun advised that she had not yet received instructions from Council regarding mediation and settlement.
SECOND CMC
5The Parties jointly requested a second CMC, as Ms. Braun had not yet received instructions from Council. Ms. Braun indicated that she should receive instructions in late January or early February. The Tribunal scheduled a second CMC which will commence at 10 a.m. on Thursday, March 2, 2023 by Video Hearing.
6Parties 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/687587165
Access code: 687-587-165
7Parties 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
8Persons 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: +1 (647) 497-9373 or Toll Free 1-888-299-1889. The access code is 687-587-165.
9Individuals 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.
PROCEDURAL ORDER/ISSUES LIST
10The Appellant and the City agreed that a draft Procedural Order (“PO”) including Issues List (“IL”) would be completed in advance of the second CMC. The Tribunal directed the Parties to complete and submit the draft PO and IL to the Case Coordinator on or before Thursday, February 23, 2023.
HEARING
11The Parties requested that a five (5) day hearing be set. Mr. Horosko anticipated that the issues would centre around urban design. Ms. Braun stated again that she was without instructions at this time but concurred that five days should be sufficient. The Parties agreed to advise the Tribunal at the earliest opportunity should any of the hearing days not be required. The Tribunal set a five (5) day video hearing for Monday, July 10, 2023 commencing at 10 a.m.
12Parties 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/692665589
Access code: 692-665-589
13Parties 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
14Persons 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: +1 (647) 497-9373 or Toll Free 1-888-299-1889. The access code is 692-665-589.
15Individuals 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.
OTHER MATTERS
16The Tribunal inquired whether there were any other matters to be addressed which might assist in the fair and efficient resolution of this matter. The Parties indicated there were none.
ORDER
17THE TRIBUNAL ORDERS that:
a. A second CMC will begin at 10 a.m. on Thursday, March 2, 2023, by Video Hearing;
b. The Parties will submit a draft Procedural Order including Issues List for the Tribunal’s review on or before Thursday, February 23, 2023;
c. A five (5) day hearing will begin at 10 a.m. on Monday, July 10, 2023, by Video Hearing; and,
d. There will be no further notice and the Member is not seized.
“S. Bobka”
S. BOBKA 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.