Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
November 17, 2022
CASE NO(S).:
OLT-22-004232
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant
DASH (QS) Inc.
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
To permit a 31-storey mixed-use building
Reference Number:
21 235108 STE 13 OZ
Property Address:
120-134 Sherbourne Street, 225-229 Queen Street East
Municipality/UT:
Toronto/Toronto
OLT Case No:
OLT-22-004232
OLT Lead Case No:
OLT-22-004232
OLT Case Name:
DASH (QS) Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER section 114(15) of the City of Toronto Act, 2006, S. O. 2006, c. 11 Sched A.
Applicant/Appellant
DASH (QS) Inc.
Subject:
City of Toronto Site Plan Approval
Description:
To permit a 31-storey mixed-use building
Reference Number:
21 235109 STE 13 SA
Property Address:
120-134 Sherbourne Street, 225-229 Queen Street East
Municipality/UT:
Toronto/Toronto
OLT Case No:
OLT-22-004233
OLT Lead Case No:
OLT-22-004232
Heard:
November 8, 2022 by video hearing (“VH”)
APPEARANCES:
Parties
Counsel
DASH (Q&S) Inc. (“Appellant/Applicant”)
Jennifer Evola
City of Toronto (“City”)
Kasia Czajkowski
MEMORANDUM OF ORAL DECISION DELIVERED BY K.R. ANDREWS ON NOVEMBER 8, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) concerning an appeal by the Applicant, DASH (Q&S) Inc. The appeal involves an application to permit a 31-storey mixed-use building with ground floor retail and 340 dwelling units. The subject property is located at 120-134 Sherbourne Street and 225-229 Queen Street East.
Service of Notice of CMC
2There was no issue with service of the Notice of this CMC, and so no further notice is required. The Tribunal was in receipt of the Affidavit of Service, which was marked as Exhibit 1.
Requests for Status
3The St. Lawrence Neighbourhood Association (“SLNA”) attended the CMC and sought Party status. However, the SLNA has not submitted a formal written request for Party Status because, as explained by a representative of SLNA, they were late in realizing that the CMC was taking place due to various members being on vacation. Furthermore, the SLNA confirmed that they have not had time to conduct even a cursory review of the proposed development or otherwise consider the potential merits or impacts of the proposed development.
4The Tribunal queried the SLNA to indicate what, if anything, they expected to contribute to the proceedings. The SLNA indicated that it would like an opportunity to contribute to the Issues List, despite not knowing what its issues might be, and that it would want to be involved in settlement discussions, if any.
5The Tribunal notes that Rule 8 of the Tribunal’s Rules of Practice and Procedure sets out the “Role and Obligations of a Party”. Upon review of Rule 8, the Tribunal finds that the SLNA has fallen short of proposing to fulfill such a role and/or satisfy such obligations. In addition, the Tribunal finds that the SLNA can provide a list of issues through a Participant Statement, if it chooses to do so. Furthermore, resolution efforts may or may not involve the Tribunal and the parties have not yet sought Tribunal-led mediation, so the SLNA’s involvement in settlement discussions is not necessarily impacted by being granted Party status.
6As a result, the Tribunal declined to grant party status to the SLNA but proposed that the SLNA consider Participant status instead. The SLNA confirmed its desire to be granted Participant status as an alternative, and so it was granted Participant status on consent of the parties.
7The Tribunal notes that the granting of Participant status to the SLNA in this particular instance is on a without prejudice basis to it later seeking Party status at the next CMC. This is to allow the SLNA more time to assess the potential merits and impacts of the proposed development on the neighbourhood, review the eventual draft Procedural Order (“PO”) and Issues List prepared by the parties, and subsequently decide which course of action, if any, it deems necessary to take. The Tribunal further notes that the next CMC will take place regardless, so allowing the SLNA another opportunity to seek party status will not cause the parties any undue prejudice or delay.
MEDIATION AND SETTLEMENT
8The Tribunal explored the possibility of mediation and settlement with the parties. The parties confirmed that they both believe that this case is “ripe for mediation”. At this time, however, they are undecided if the matter should go to private-led or Tribunal-led mediation. The Tribunal therefore finds it prudent to revisit this issue at the next CMC.
PROCEDURAL ORDER AND ISSUES LIST
9The parties confirmed that they have a working-draft of a PO, including Issues List. However, the City confirmed that the Issues List will not be presented to council until late-January/early-February 2023, and so counsel for the City will not have instructions regarding the PO until such time.
10For this reason, the Tribunal found it prudent to schedule a second CMC and directed the parties to have a draft PO, including Issues List, ready for the Tribunal to consider at such time. The Tribunal also stated that it expects the parties to work with the SLNA to ensure that any proper issues that is raises, if any, are included.
SECOND CMC and HEARING
11Upon request of the parties, the Tribunal set a second CMC hearing commencing on Monday, February 27, 2023 at 10 a.m. by VH. No further Notice is required.
12Upon request of the parties, the Tribunal set a seven (7)-day hearing commencing on Tuesday, November 14, 2023 at 10 a.m. by VH. No further Notice is required for the hearing.
13The hearings are scheduled to proceed by video as follows:
Monday, February 27, 2023 at 10 a.m. GoTo Meeting: https://global.gotomeeting.com/join/927921077 Access code: 927-921-077 Audio-only telephone line: +1 (647) 497-9391 or Toll Free 1-888-455-1389 Audio-only access code: 927-921-077
Tuesday, November 14, 2023 at 10 a.m. GoTo Meeting: https://global.gotomeeting.com/join/909787981 Access code: 909-787-981 Audio-only line: +1 (647) 497-9391 or Toll Free 1-888-455-1389 Audio-only access code: 909-787-981
14Parties 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.
15Parties 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
16Persons 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.
17Individuals 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
18The Tribunal Orders that:
The date and particulars of the second CMC and hearing are set out above;
The parties will have a draft PO, including Issues List, ready for the Tribunal’s consideration in advance of the next CMC.
The St. Lawrence Neighbourhood Association is granted Participant status without prejudice to any future request for Party status.
The Member is not seized but may be spoken to through the Case Coordinator if any issues arise.
“K.R. Andrews”
K.R. ANDREWS
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.