Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 06, 2022
CASE NO(S).: OLT-22-002172 (Formerly PL210041)
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: i2 Developments (Old Weston) Inc.
Subject: Request to amend the Official Plan - Failure of the City of Toronto to adopt the requested amendment
Existing Designation: Site and Area Specific Policy 441
Proposed Designated: Site and Area Specific Policy 441
Purpose: To permit the redevelopment of the property with a 29-storey mixed-use building consisting of residential units and commercial space
Property Address/Description: 290 Old Weston Road
Municipality: City of Toronto
Approval Authority File No.: 20 169194 STE 09 OZ
OLT Case No.: OLT-22-002172
Legacy Case No.: PL210041
OLT Lead Case No.: OLT-22-002172
Legacy Lead Case No.: PL210041
OLT Case Name: i2 Developments (Old Weston) 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: i2 Developments (Old Weston) Inc.
Subject: Application to amend Zoning By-law No. 569-2013 - Neglect of the City of Toronto to make a decision
Existing Zoning: Employment (E)
Proposed Zoning: Commercial-Residential (CR) with site-specific height, massing, and parking provisions
Purpose: To permit the redevelopment of the property with a 29-storey mixed-use building consisting of residential units and commercial space
Property Address/Description: 290 Old Weston Road
Municipality: City of Toronto
Municipality File No.: 20 169194 STE 09 OZ
OLT Case No.: OLT-22-002184
Legacy Case No.: PL210043
OLT Lead Case No.: OLT-22-002172
Legacy Lead Case No.: PL210041
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: i2 Developments (Old Weston) Inc.
Subject: Application to amend Zoning By-law No. 438-86 - Neglect of the City of Toronto to make a decision
Existing Zoning: Employment (E)
Proposed Zoning: Commercial-Residential (CR) with site-specific height, massing, and parking provisions
Purpose: To permit the redevelopment of the property with a 29-storey mixed-use building consisting of residential units and commercial space
Property Address/Description: 290 Old Weston Road
Municipality: City of Toronto
Municipality File No.: 20 169194 STE 09 OZ
OLT Case No.: OLT-22-002183
Legacy Case No.: PL210042
OLT Lead Case No.: OLT-22-002172
Legacy Lead Case No.: PL210041
Heard: March 18, 2022 by Video Hearing
APPEARANCES:
Parties
Counsel
i2 Developments (Old Weston) Inc.
Michael Foderick
(“Applicant”)
City of Toronto (“City”)
Gabe Szobel
Delta Property Holdings Inc. c/o
Adrian Frank
Sequoia Grove Homes Inc. (“Delta”)
Jason Park (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY DAVID L. LANTHIER ON MARCH 18, 2022 AND ORDER OF THE TRIBUNAL
1This Case Management Conference (“CMC”) and Status Hearing was scheduled under the Decision and Order of the Tribunal issued on June 24, 2021, following the first CMC conducted on June 16, 2021. These Appeals relate to non-decisions on the applications submitted by the Applicant for the proposed development at 290 Old Weston Road.
2The Appeals have been scheduled for a 10-day hearing at the prior CMC, commencing Monday, May 30, 2022 and are governed by a Procedural Order. Today’s CMC was scheduled as a final status hearing, in advance of the scheduled hearing, to address those matters set out in paragraph 18 of the Decision of June 24, 2021.
3A preliminary hearing workplan was not provided for the CMC as directed. The Parties however indicate that there have been ongoing discussions to revolve issues and by agreement, and upon confirmation from the Tribunal, some of the exchange dates under the Procedural Order were pushed back to allow for further dialogue. Without prejudice, discussions will continue between the Parties, but as of this date, no final resolution has been achieved. The Tribunal was advised as to the possible timelines involved for the City, relative to scheduled Council meetings.
4In order to assist the Tribunal in its management of its hearing calendar, counsel are directed to advise the Tribunal immediately as to any developments which may allow for any of the allocated hearing days to be struck, and how the Tribunal may assist with any settlement that may be achieved.
5Unless the Appeals are otherwise to be resolved through a settlement hearing, on or before Friday, May 20, 2022, the Parties are to provide a draft Hearing Plan to the Tribunal for consideration by the Panel assigned to the hearing.
6The Tribunal so orders and provides these directives for the purposes of the case management of this Appeal.
“David L. Lanthier”
DAVID L. LANTHIER
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.