Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 01, 2022
CASE NO(S).: OLT-21-001749
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: Temple Ave Partners Inc.
Subject: Application to amend Zoning By-law No. 569-2013 - Refusal or neglect of City of Toronto to make a decision
Existing Zoning: Residential (R (d2.0) (x811))
Proposed Zoning: Site specific – to be determined
Purpose: To permit the development of a 16-storey residential building
Property Address/Description: 2-24 Temple Avenue
Municipality: City of Toronto
Municipality File No.: 21 105906 STE 04 OZ
OLT Case No.: OLT-21-001749
OLT Lead Case No.: OLT-21-001749
OLT Case Name: Temple Ave Partners Inc. v. Toronto (City)
Heard: September 26, 2022 by video hearing
APPEARANCES:
Parties
Temple Ave Partners Inc.
Counsel
David Bronskill Zachary Fleisher (in absentia)
Parties
City of Toronto
Counsel
Marc Hardiejowski Michelle LaFortune
MEMORANDUM OF ORAL DECISION DELIVERED BY BITA M. RAJAEE AND S. MANN ON SEPTEMBER 26, 2022 AND ORDER OF THE TRIBUNAL
1This was the second Case Management Conference (“CMC”) in relation to an application by Temple Ave Partners Inc. (“Applicant”) to amend Zoning By-law No. 569-2013 of the City of Toronto (“City”) to permit a development of a 16-storey residential building at 24 Temple Avenue in the City (“Subject Site”). The City failed to make a decision on this application and the Applicant therefore appealed to the OLT.
2At the first CMC on February 15, 2022 (“First CMC”), Participant Status was granted to Mr. Sanjoy Pan. No other status requests, either Party or Participant, have been received by the Tribunal.
3At the First CMC, a 7-day hearing was scheduled to commence on September 26, 2022. However, in advance of this date, the Parties advised that they had engaged in settlement discussions, including mediation, and wished to convert the 7-day hearing into a 1-day CMC instead, in order to update the Tribunal regarding the status of the settlement.
4At this CMC on September 26, 2022 (“Second CMC”), the Parties advised that they remained quite close to settlement, but have a few final matters to resolve. As such, the Parties requested that another CMC date be scheduled by the Tribunal, at which time, they will provide a status update to the Tribunal regarding the potential settlement. If the Parties have been able to resolve this matter by that date, the event will be converted from a CMC to a Settlement Hearing. The Parties confirmed that if that is the case, they will advise the Tribunal in advance and will provide the required material. If, however, the Parties are unable to resolve this matter by the next CMC date, they will advise the Tribunal and will provide an updated Procedural Order and Issues List.
5As a result, a further CMC is set to take place on Thursday, January 19, 2023 at 10:00 a.m.
6On January 19, 2023, Parties and Participants are asked to log into the second CMC video hearing at least 15 minutes before the start of the event to test their video and audio connections:
https://global.gotomeeting.com/join/656004293
Access Code: 656-004-293
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://apps.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: Toll-Free 1-888-299-1889 or +1 (647) 497-9373. The Access Code is as indicated above.
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 with carriage of this case.
10The Tribunal inquired as to whether there were any other matters to be addressed, which might assist in the fair, just and expeditious resolution of this matter. The Parties indicated there were none.
ORDER
11The Tribunal Orders that a further CMC in this matter will be held by video hearing on Thursday, January 19, 2023, commencing at 10:00 a.m.
12There will be no further notice and these Members are not seized.
“Bita M. Rajaee”
BITA M. RAJAEE
MEMBER
“S. Mann”
S. MANN
MEMBER
Ontario Land Tribunal
Website: www.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.