Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 24, 2022
CASE NO(S).: OLT-22-002109 (Formerly PL030514)
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, C. P. 13, as amended
Appellant: See Schedule “1”
Subject: New Official Plan for the City of Toronto, as adopted by By-law No. 1082-2002
Municipality: City of Toronto
OLT Case No.: PL030412
OLT File No.: PL030412 (various files see Schedule “1”)
OLT Case Name: 3C Lakeshore Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, C. P. 13, as amended
Appellant: See Schedule “2”
Subject: Proposed Official Plan Amendment No. 257
Municipality: City of Toronto
OLT Case No.: OLT-22-002109
Legacy Case No.: PL030514-O030096
OLT Lead Case No.: OLT-22-002109
Legacy Lead Case No.: PL030514
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant: See Schedule “3”
Subject: By-law No. 1049-2006
Municipality: City of Toronto
OLT Case No.: OLT-22-002112
Legacy Case No.: PL030514-R060297
OLT Lead Case No.: OLT-22-002109
Legacy Lead Case No.: PL030514
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: 3C Lakeshore Inc. (formerly Home Depot)
Subject: Request to amend the Official Plan - Failure of City of Toronto to adopt the requested amendment
Existing Designation: Central and East Bayfront
Proposed Designation: Site Specific (To be determined)
Purpose: To permit Commercial and Residential uses
Property Address/Description: 429 Lakeshore Boulevard and 324 Cherry Street
Municipality: City of Toronto
Approval Authority File No.: 05 171818 STE 28 OZ
OLT Case No.: OLT-22-002113
Legacy Case No.: PL060106-O060034
OLT Lead Case No.: OLT-22-002109
Legacy Lead Case No.: PL030514
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: 3C Lakeshore Inc. (formerly Home Depot)
Subject: Application to amend Zoning By-law No. 438-86 – Neglect of application by City of Toronto
Existing Zoning: Mixed Industrial-commercial category
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit Commercial and Residential uses
Property Address/Description: 429 Lakeshore Boulevard and 324 Cherry Street
Municipality: City of Toronto
Municipal File No.: 05 171818 STE 28 OZ
OLT Case No.: OLT-22-002117
Legacy Case No.: PL060106- Z060015
OLT Lead Case No.: OLT-22-002109
Legacy Lead Case No.: PL030514
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, C. P. 13, as amended
Appellant: See Schedule “4”
Subject: Proposed Official Plan Amendment No. 388
Municipality: City of Toronto
Municipal File No. 10 117319 SPS 00 OZ
OLT Case No.: PL101091
OLT File No.: PL101091
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, C. P. 13, as amended
Appellant: See Schedule “5”
Subject: Proposed Official Plan Amendment No. 389
Municipality: City of Toronto
Municipal File No. 10 117319 SPS 00 OZ
OLT Case No.: PL101091
OLT File No.: PL101092
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant: See Schedule “6”
Subject: By-law No. 1174-2010
Municipality: City of Toronto
OLT Case No.: PL101091
OLT File No.: PL101093
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: CASTAN Waterfront Development Inc., 1147390 Ontario Limited, 161774 Ontario Limited, 2017919 Ontario Limited and Marland III Corporation (“Castan”)
Subject: Application to amend Zoning By-law No. 438-86 – Neglect of application by City of Toronto
Existing Zoning: Industrial IC
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit Commercial and Residential uses
Property Address/Description: 351 & 369 Lake Shore Boulevard East (Victory Soya Silo Site)
Municipality: City of Toronto
Municipal File No.: 07 143093 STE 28 OZ
OLT Case No.: PL101091
OLT File No.: PL101094
Schedule “1”
Appellants to the City of Toronto New Official Plan (PL030412):
| LPAT FILE No. | APPELLANT NAME | Appeal No. | Schedule |
|---|---|---|---|
| O030146 | Pier 27 Toronto Inc. (formerly Avro Quay Limited) | 27 | B |
| O030219 | Castan Waterfront Development Inc. | 42 | B |
| O030138 | Harbour Remediation and Transfer Inc. | 66 | E |
| O030275 | 3C Lakeshore Inc. (formerly Home Depot) | 68 | B |
| O030167 | Lafarge Canada Inc. | 77 | E |
| O030121 | Ontario Power Generation | 99 | D |
Schedule “2”
Appellants to the Official Plan Amendment No. 257 of the City of Toronto (PL030514 – O030096):
| File No. | APPELLANT NAME | Site |
|---|---|---|
| O030219 | 1147390 Ontario Limited and Queen’s Quay Avante Limited Greenland Lakeside Development Company |
215 Lake Shore Blvd. E. and 178 & 180 Queens Quay East (“Fedex South Site”) (“Fedex North Site”) |
| 2017919 Ontario Limited and Marland III Corporation | 351 & 369 Lake Shore Blvd. E. (“Victory Soya Silo Site”) |
|
| Marland I Corporation and Marland II Corporation | 20 Polson St. and 176 Cherry St. (“Polson Quay”) |
|
| O030275 | 3C Lakeshore Inc. (formerly Home Depot) | 429 Lake Shore Blvd. and 324 Cherry St. |
| O030146 | Pier 27 Toronto Inc. (formerly Avro Quay Limited) | 25 Queens Quay East |
| Canadian Pacific Express & Transport Ltd. | 150 Commissioners St. & 155 Villers St. | |
| Concord Adex Development Corp | Railway Land Central & West | |
| Korex Don Valley ULC | 21 Don Valley Parkway | |
| O030167 | Lafarge Canada Inc. | 54 Polson St and 535 Commissioners St |
| Ontario Film and Television Studio Owners Association | Central Waterfront Secondary plan area | |
| O030121 | Ontario Power Generation | 440 Unwin Avenue |
| Michael Shapcott (Toronto Disaster Relief Committee) | General appeal – Housing Policy |
Schedule “3”
Appellants to the Zoning By-law 1049-2006 of the City of Toronto (PL030514 – R060297):
| APPELLANT NAME | Site |
|---|---|
| Redpath Sugar Ltd. (formerly Tate & Lyle) | 95 Queens Quay East |
| QQE 162 Inc. (formerly Gemess Investments Ltd.) | 162 Queens Quay East |
| Kintork (Ontario) Limited and Nuko Investments Limited | 143-177 Lake Shore Blvd E & 130 Queens Quay E. |
| 1147390 Ontario Limited Queen’s Quay Avante Limited Greenland Lakeside Development Company |
215 Lake Shore Blvd. E. and 178 & 180 Queens Quay East (“Fedex South Site”) (“Fedex North Site”) |
Schedule “4”
Appellants to the Official Plan Amendment No. 388 of the City of Toronto (PL101091):
| APPELLANT NAME | Site |
|---|---|
| 3C Lakeshore Inc. (formerly Home Depot) | 429 Lakeshore Blvd. & 324 Cherry St. |
| 1307547 Ontario Limited, 1341665 Ontario Limited, & 1536165 Ontario Limited | 15-55 Polson St. & 222-238 Cherry St. |
| Royal Canadian Yacht Club | 11 Parliament St.; 130 & 150 Cherry St. |
| Lafarge Canada Inc. | 54 Polson St. |
| Toronto Waterfront Studios Inc. | 225 Commissioners St. |
| 2017919 Ontario Limited and Marland III Corporation | 351 & 369 Lake Shore Blvd. E. (“Victory Soya Silo Site”) |
| Marland I Corporation and Marland II Corporation | 20 Polson Street and 176 Cherry Street (“Polson Quay”) |
| 1337194 Ontario Inc. & 2034055 Ontario Limited | 309 Cherry Street |
Schedule “5”
Appellants to the Official Plan Amendment No. 389 of the City of Toronto (PL101092):
| APPELLANT NAME | Site |
|---|---|
| 3C Lakeshore Inc. (formerly Home Depot) | 429 Lakeshore Blvd. & 324 Cherry St. |
| Royal Canadian Yacht Club | 11 Parliament St.; 130 & 150 Cherry St. |
| Toronto Port Authority | 30 Bay St. & 60 Harbour St. |
Schedule “6”
Appellants to the Zoning By-law 1174-2010 of the City of Toronto (PL101093):
| APPELLANT NAME | Site |
|---|---|
| 3C Lakeshore Inc. (formerly Home Depot) | 429 Lakeshore Blvd. & 324 Cherry St. |
| Royal Canadian Yacht Club | 11 Parliament St.; 130 & 150 Cherry St. |
| Lafarge Canada Inc. | 54 Polson St. |
| Joseph Haupert | 307 Lakeshore Blvd. E. |
| 2017919 Ontario Limited and Marland III Corporation | 351 & 369 Lake Shore Blvd. E. (“Victory Soya Silo Site”) |
| Marland I Corporation and Marland II Corporation | 20 Polson St. and 176 Cherry St. (“Polson Quay”) |
| 1337194 Ontario Inc. & 2034055 Ontario Limited | 309 Cherry St. |
Heard: February 25, 2022 by video hearing
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| City of Toronto | R.A. Robinson S. O’Conner J. Jakubowski |
| Toronto Waterfront Revitalization Corporation |
A Biggart C. Kapelos (in absentia) |
| Ontario Power Generation Inc. | M. Polowin (in absentia) M. Cicchino |
| 2034055 Ontario Ltd. and 1337194 Ontario Inc. (309 Cherry St.) |
P. Harrington S. Tomasella |
| Watching Brief Status | |
| Toronto District School Board | P. Patterson J. Lesage (in absentia) |
| Toronto Port Authority (Ports Toronto) |
A. Jeanrie |
| Pinewood Toronto Studios Toronto Waterfront Studios |
L. English I. Tang (in absentia) |
| Lafarge Canada Inc. | K. Mullin (in absentia) C. O’Connor* (Planner) |
| Manufacturers Life Insurance Company | C. Williams (in absentia) J. Fraser |
| CRH Canada Group Inc. | J. Kahn (in absentia) |
| Sprackman Estates – 1307547 Ontario Ltd. et al. | N. Macos |
| Hydro One Networks Inc. | R. Dhillon |
| Toronto Hydro-Electric System Ltd. | J. Debono K. Vergis-Mayo C. Baxter (articling student) |
MEMORANDUM OF ORAL DECISION DELIVERED BY BRYAN W. TUCKEY AND T.F. NG ON FEBRUARY 25, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This matter pertains to the City of Toronto’s (“City”) approval of the proposed amendments to the City’s Toronto Official Plan being the Central Waterfront Secondary Plan (“CWSP”) and the Port Lands Official Plan Modification that modified the CWSP as it applies to the Port Lands. The CWSP was approved by the City Council on April 24, 2003. The Appeals are pursuant to s. 17(24) of the Planning Act. This is the second Case Management Conference (“CMC”) respecting what is now known as Phase 2 of this proceeding.
2All parties to the hearing or those maintaining a Watching Brief status are represented by Counsel at this CMC save and except Lafarge Canada Inc. and CRH Canada Group Inc. that has a representative monitor the CMC. There are no participants present.
3Mr. Robinson, Counsel for the City, provided a detailed update for the benefit of the Tribunal and all parties. He advised that there has been considerable progress on many of the outstanding issues found on the Issues List of the Procedural Order (“PO”) that was approved by the Tribunal in its decision issued October 26, 2021 He advised that settlements have been reached with the following parties:
a. Toronto District School Board;
b. Toronto Waterfront Studios Development Inc. and Pinewood Toronto Studios;
c. Toronto Hydro Electric System Ltd.;
d. Hydro One Networks Inc.;
e. Manufacturers Life Assurance Co.; and
f. Sprackman Estates – 1307547 Ontario Ltd. et. al.
4All of the above parties will continue to participate in a Watching Brief status for future proceedings in this matter.
5Mr. Robinson advised that the City is progressing expeditiously to ratify all settlements and requested that a one day settlement hearing be scheduled in the week of May 17, 2022. The Tribunal will be in receipt of a complete Affidavit from a City planner describing each of the settlements and providing recommended policy modifications that would serve to implement the proposed settlements. Mr. Robinson committed that the Affidavit would be circulated to all parties and then submitted to the Tribunal no later than one week before the date of the settlement hearing.
6Mr. Robinson noted that the City has a partial settlement on a number of issues with 309 Cherry Street and both parties are continuing to have without prejudice discussions. Ms. Tomasella, Counsel for 309 Cherry Street, agreed that good progress is being made in discussions with the City, but her clients are not yet prepared to agree to the release of all of the hearing dates presently in the Tribunal calendar.
7All parties agreed that because of the considerable progress being made, that there is no need for Tribunal-led mediation.
8Mr. Robinson provided an update of how the City is responding to the number of legislative changes to the Planning Act, and how these upcoming City-wide policy changes are addressed within the context of the revised Issues List. Those issues that are in question relate to the provision of community infrastructure which include development charge updates, parkland dedication rates, affordable housing and community benefit rates as determined by s. 37. These major policy initiatives correlate to the issues in the Issues List Category C - Infrastructure (Community and Hard Servicing) and Implementation. With the consent of all parties, it is recommended that many of the issues found in Category C of the Issues List be adjourned or deferred pending the completion of on-going City-wide efforts in these matters. The City will not be seeking to have the related policies brought into effect at this time pending this ongoing work. A precise way to deal with these outstanding issues will be brought forward by the City at the settlement hearing.
9The City circulated revised PO Attachments being Attachment 3 – List of Parties/Participants; Attachment 4 – Issues List and Attachment 5 – Order of Evidence. Ms. O’Connor described the changes found within each of these Attachments. All parties in attendance consented to the suggested changes as submitted.
10Mr. Robinson requested that the date for the exchange of witness statements found in the PO be amended from Tuesday, March 22, 2022, to Friday, April 22, 2022. The Tribunal agrees.
11The Tribunal directs that revisions to the PO will be finalized by the City and submitted with consent of all parties for the Tribunal’s consideration no later Wednesday, March 16, 2022, at 4:30 p.m. (Since the CMC, Parties have communicated with the Case Coordinator that the Parties have resolved outstanding issues and agreed that the PO is unnecessary going forward).
12With the proposed settlements now in consideration and a significant reduction in Issues on the Issues List, a revised hearing schedule is required. A one day settlement hearing is scheduled for Thursday, May 19, 2022, and a two week Merits Hearing will commence on Monday, July 4, 2022, continuing to Friday, July 15, 2022.
HEARING TECHNICAL DETAILS
13A settlement hearing will convene on Thursday, May 19, 2022, by video hearing at 10 a.m.
14A hearing of the Merits is scheduled for two weeks commencing on Monday, July 4, 2022, by video hearing at 10 a.m.
The hearings are scheduled to proceed by video as follows:
Thursday, May 19, 2022 at 10 a.m. (one day) GoTo Meeting: https://global.gotomeeting.com/join/629745109
Access code: 629-745-109 Audio-only line: +1 (647) 497-9373 or (Toll-Free) 1(888) 299-1889 Audio-only access code: 629-745-109
Monday, July 4, 2022 to Friday, July 15, 2022 at 10 a.m. (two weeks) GoTo Meeting: https://global.gotomeeting.com/join/566017213 Access code: 566-017-213 Audio-only line: +1 (647) 497-9373 or (Toll-Free) 1(888) 299-1889 Audio-only access code: 566-017-213
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 events may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
18Accordingly, the Tribunal orders:
A one day Settlement Hearing will convene on Thursday, May 19, 2022.
An Affidavit with respect to the settlement hearing be submitted to the Case Coordinator on or before Thursday, May 12, 2022, at 4:30 p.m.
The Merits Hearing is fixed for two weeks commencing on Monday, July 4, 2022, to Friday July 15, 2022.
19In the event of any issues arising from the CMC, the Panel Members may be spoken to.
20The Panel is not seized.
“Bryan W. Tuckey”
BRYAN W. TUCKEY
MEMBER
“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.