Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: March 11, 2022

CASE NO(S).: OLT-21-001361

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: PEM (Church) Limited Partnership

Subject: Application to amend Zoning By-law No. 438-86 - Refusal or neglect of City of Toronto to make a decision

Existing Zoning: CR T3.0 C2.0 R3.0

Proposed Zoning: Site Specific (To be determined)

Purpose: To permit a 54-storey residential building with retail at grade

Property Address/Description: 137-149 Church Street and 18-20 Dalhousie Street

Municipality: City of Toronto

Municipality File No.: 18 174573 STE 27 OZ

OLT Case No.: OLT-21-001361

OLT File No.: OLT-21-001361

OLT Case Name: PEM (Church) Limited Partnership v. Toronto (City)

Heard: March 2, 2022 by video hearing

APPEARANCES:

Parties	Counsel
PEM (Church) Limited Partnership	David Bronskill
City of Toronto	Daniel Elmadany

MEMORANDUM OF ORAL DECISION DELIVERED BY HUGH S. WILKINS ON MARCH 2, 2022 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This Decision arises from a Case Management Conference (“CMC”) for the appeal brought by PEM (Church) Limited Partnership (“Appellant”) regarding the failure of the City of Toronto (“City”) to make a decision on the Appellant’s application for a zoning by-law amendment to facilitate a development on the lands located at 137-149 Church Street and 18-20 Dalhousie Street (“subject property”).

2At the CMC, the Tribunal addressed a request for status, the identification of opportunities for settlement discussions, the preparation of a draft Procedural Order and Issues List, and the scheduling of a further CMC.

Request for Status

35012320 Ontario Inc. requested Party, or in the alternative, Participant status. It owns lands that are adjacent to the subject property. It stated that it has retained a lawyer and a planner but has not specifically identified the issues that it would raise at a hearing. It suggested that setbacks and tower separation issues would likely be raised. The Appellant and the City submitted that given uncertainty regarding the identification of its issues, 5012320 Ontario Inc. should be granted Participant status with leave to request Party status at a subsequent CMC after it has consulted with its lawyer and planner.

4Jon Tekela also attended the CMC. He also owns lands that lie adjacent to the subject property. He stated that he has an interest in the proceeding, but has not yet decided whether he wishes to request status.

5The Tribunal asked that 5012320 Ontario Inc. and Mr. Tekela (or their lawyers) consult with the Appellant and the City forthwith and identify any issues that they wish to raise. It asked that, should they wish to seek status in this proceeding, they provide the Appellant and the City with draft Issue Lists as soon as possible and no later than Monday, April 11, 2022.

6The Tribunal did not grant Party or Participant status to either 5012320 Ontario Inc. or Mr. Tekela, but directed that they may make requests for status at the next CMC after they have consulted with the Parties and provided draft Issues Lists.

Identification of Opportunities for Settlement Discussions

7The Appellant and the City stated that they have been engaged in settlement discussions and are optimistic that a resolution to the appeal may be reached. They noted that the City’s planning staff will report to City Council and that City Council will likely provide instructions at its meeting in May and/or June. The Parties stressed the need for entities seeking status to provide their Issues Lists promptly in order for them to be considered by City staff and Council prior to the next CMC. The Appellant stated that if a settlement is reached, it will request at least two weeks prior to the next CMC that the CMC be converted into a settlement hearing.

Identification of Issues and draft Procedural Order

8The Parties stated that if a full settlement is not reached, they will consult among themselves and with any entities seeking status, and then file a draft Procedural Order and Issues List prior to the next CMC.

Scheduling of the next CMC

9Given that the City will not be able to provide instructions regarding this proceeding until May or June, the Parties requested that a further CMC be held in mid- to late-June at which the identification of issues and a draft Procedural Order can be finalized, requests for status from 5012320 Ontario Inc. and Mr. Tekela can be addressed, and hearing dates can be set. The Tribunal agreed with this request and scheduled a further CMC for mid-June.

ORDER

10The Tribunal orders that a further CMC will be held by video hearing on Friday, June 17, 2022 commencing at 10 a.m.

11The Tribunal directs that, if a full settlement is not reached, the Parties file a draft Procedural Order and Issues List with the Tribunal by no later than Wednesday, June 15, 2022. If a settlement is reached, the Tribunal directs that the Parties request forthwith that the next CMC be converted to a settlement hearing.

12Parties 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/979388733

Access Code: 979-388-733

13Parties are asked to set up the video hearing 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: +1 (647) 497-9391 or (Toll Free) +1 (888) 455 1389. The access code is 979-388-733.

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.

16There will be no further notice.

17This Member is not seized.

“Hugh S. Wilkins”

HUGH S. WILKINS

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.