Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 24, 2022
CASE NO(S).: OLT-22-004195
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 100 Davenport Limited Partnership
Subject: Application to amend Zoning By-law - Refusal or neglect to make a decision
Purpose: To permit a 19-storey mixed-use building
Property Address: 100 Davenport Road
Municipality: City of Toronto
Municipal File No.: 21 231497 STE 11 OZ
OLT Case No.: OLT-22-004195
OLT Lead Case No.: OLT-22-004195
OLT Case Name: 100 Davenport Limited Partnership v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A
Applicant and Appellant: 100 Davenport Limited Partnership
Subject: Site Plan
Purpose: To permit a 19-storey mixed-use building
Property Address: 100 Davenport Road
Municipality: City of Toronto
Municipal File No.: 21 231498 STE 11 SA
OLT Case No.: OLT-22-004196
OLT Lead Case No.: OLT-22-004195
Heard: November 2, 2022 by Video Hearing
APPEARANCES:
Parties
Counsel
100 Davenport GP Inc.
c/o 100 Davenport Ltd. Partnership
Jason Park
City of Toronto
Belmont House
ABC Residents Association/
Greater Yorkville Residents Association
Toronto Standard Condominium Corporation No.2280
Jessica Braun
Colin Dougherty
Chantal deSereville
Bruce Engell (in absentia)
Andrew Biggart
Naomi Mares
Jane Pepino (in absentia)
DECISION DELIVERED BY T.F. NG AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) for the appeal, held as a Video Hearing.
2100 Davenport GP Inc. c/o 100 Davenport Ltd. Partnership (“Applicant/Appellant”) has submitted a rezoning application to permit a 19-storey mixed-use building with 42 dwelling units and 437 square metres of commercial space on the ground floor, with a total of 56 parking spaces in a 4-level below-grade parking garage.
3The Affidavit of Service and Notice of CMC is on the Tribunal’s file and now marked as Exhibit 1.
PARTY/PARTICIPANT STATUS
4One Participant Status request by Toronto Lands Corporation with Paul Nichols, its representative in attendance, was granted by the Tribunal without objections. Four Party status requests, viz. Belmont House, ABC Residents Association, Greater Yorkville Residents Association, and Toronto Standard Condominium Corporation No. 2280, were granted by consent as the requestors have property interests that may be affected by the Proposed Development.
MEDIATION
5Counsel informed the Tribunal that the Parties have generally engaged in and will continue discussions which may lead to resolution of the matter. Tribunal-led mediation, if deemed necessary, may be sought.
DRAFT ISSUES LIST AND DRAFT PROCEDURAL ORDER
6Mr. Park, Counsel for the Applicant, referred to the Draft Procedural Order and the Draft Issues List that were furnished on the day before the CMC. Counsel for the City, Ms. Braun, stated that the City of Toronto’s (“City’s”) issues require Council’s approval, and confirmed that the City is agreeable to obtaining a two-week (“2-week”) hearing. Counsels are all in agreement for fixing the hearing of this matter with a CMC to report on the status of the Appeal.
7The Tribunal will fix a ten-day (“10-day”) hearing for the Appeal and a one-day (“1-day”) CMC, during which the Parties will give an update on the status of Discussions for Settlement and the status of the Appeal.
8Parties are directed to forward the Procedural Order with all timelines filled in, together with the list of issues (“Issues List”), to the Case Coordinator on or before Tuesday, June 20, 2023.
HEARING DETAILS
1The Video Hearings are scheduled to proceed as follows: July 4, 2023 at 10 a.m. GoTo Meeting: https://global.gotomeeting.com/join/687587165 Access code: 687-587-165 Audio-only telephone line: +1 (647) 497-9373 (Alternate: 1-888-299-1889) Audio-only access code: 687-587-165 October 23, 2023 at 10 a.m. GoTo Meeting: https://global.gotomeeting.com/join/687587165 Access code: 687-587-165 Audio-only line: +1 (647) 497-9373 (Alternate: 1-888-299-1889) Audio-only access code: 687-587-165
2Parties and Participants are asked to log in to the video hearing at least 15 minutes before the start of the event to test their video and audio connections.
3Parties 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
4Persons 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.
5Individuals 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
9The Tribunal orders as follows:
a. Party status is granted to Belmont House, ABC Residents Association, Greater Yorkville Residents Association, and Toronto Standard Condominium Corporation No. 2280.
b. Participant status is granted to Toronto Lands Corporation.
c. The CMC is fixed for one day, by video, on Tuesday, July 4, 2023.
d. The Video Hearing is scheduled for 10 days, from Monday, October 23, 2023 to Friday, November 3, 2023.
e. The Parties shall provide the Procedural Order to the Case Coordinator on or before Tuesday, June 20, 2023.
f. The Procedural Order shall govern the proceedings.
10There will be no further notice.
11The Member is not seized.
12The Tribunal so orders.
“T.F. Ng”
T.F. ng
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.