Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 25, 2022
CASE NO(S).: OLT-21-001283
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: HS4 Investments Inc.
Subject: Request to amend the Official Plan - Failure of the City of Toronto to adopt the requested amendment
Existing Designation: Mixed Use Areas
Proposed Designation: Site Specific – to be determined
Purpose: To permit a mixed use building with four built form components
Property Address/Description: 2370 Finch Avenue West
Municipality: City of Toronto
Approval Authority File No.: 17 262422 WET 07 OZ
OLT Case No.: OLT-21-001283
OLT Lead Case No.: OLT-21-001283
OLT Case Name: HS4 Investments Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: HS4 Investments Inc.
Subject: Application to amend Zoning By-law Nos. 7625 and 569-2013 – Neglect or Refusal of application by the City of Toronto
Existing Zoning: Commercial Residential and Mixed Use Commercial Zone
Proposed Zoning: Site Specific – to be determined
Purpose: To permit a mixed use building with four built form components
Property Address/Description: 2370 Finch Avenue West
Municipality: City of Toronto
Municipal File No.: 17 262422 WET 07 OZ
OLT Case No.: OLT-21-001284
OLT Lead Case No.: OLT-21-001283
Heard: March 17, 2022 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| City of Toronto | K. Czajkowski |
| HS4 Finch Investments Inc. | R. Cheeseman |
MEMORANDUM OF ORAL DECISION DELIVERED BY G. BURTON ON MARCH 17, 2022 AND ORDER OF THE TRIBUNAL
1The Ontario Land Tribunal (“Tribunal”) conducted a Case Management Conference (“CMC”) by video conference for this matter on March 17, 2022.
2The owner of land at 2370 Finch Avenue West in the City of Toronto (“City”), HS4 Finch Investments Inc., appealed under:
- subsection 22(7) of the Planning Act (“Act”) from failure to accept its application for a site-specific policy as an amendment to the Official Plan of the City, and
- subsection 34(11) of the Act, citing the failure to enact the requested Zoning Bylaw Amendment.
3These amendments would permit a mixed-use building on the site, with four built form components, as set out in the application of August 1, 2021.
4Ms. Czajkowski for the City explained that City Council would be considering this Appeal at its meeting of April 6 and 7, 2022, following which there could be instructions to either settle the Appeal, or to proceed to develop an Issues List for a Hearing. Meanwhile a second CMC was advisable.
5Mr. Cheeseman agreed with this approach. Dialogue between the Parties would continue, but a date for a second CMC was sought.
Decision and Order
6The Tribunal will hold a follow-up CMC in this matter on Tuesday, June 14, 2022, commencing at 10 a.m.
7Parties 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:
https://meet.goto.com/709076365
Access Code: 709-076-365
8Parties 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.
9Persons 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.
10Individuals 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 video hearing 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.
11No further notice will be required.
12This Member is not seized, but may be spoken to if difficulties arise.
“G. Burton”
G. burton
Vice-chair
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.