Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: April 26, 2022

CASE NO(S).: OLT-21-001257

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

Applicant and Appellant: DVP Hotel Development LP

Subject: Application to amend Zoning By-law Neglect of City of Toronto to make a decision

Existing Zoning: Site specific

Proposed Zoning: To be determined

Purpose: To permit residential and commercial development

Property Address/Description: 175 Wynford Drive

Municipality: City of Toronto

Municipality File No.: 20 198704 NNY 16 OZ

OLT Case No.: OLT-21-001257

OLT File No.: OLT-21-001257

OLT case Name: DVP Hotel Development LP v. Toronto (City)

Heard: April 19, 2022 by video conference

APPEARANCES:

Parties

Counsel

DVP Hotel Development LP

Andrew Jeanrie Stephanie Brazzell (student-at-law)

Toronto Regional Conservation Authority

Barbara Montgomery

City of Toronto

Laura Bisset Jason Davidson

Toronto Lands Corporation, as agent for the Toronto District School Board

Piper Morley

IMARA National

Christina Kapelos

Don Mills Residents Inc.

Conner Harris Sarah Spitz

MEMORANDUM OF ORAL DECISION DELIVERED BY S. deBOER AND HUGH S. WILKINS ON APRIL 19, 2022 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This is the first Case Management Conference (“CMC”) conducted in respect of the Appeal from DVP Hotel Development LP (“DVP”) pursuant to s. 34(11) of the Planning Act against the City of Toronto’s (“City”) failure to make a decision within the statutory timeframes regarding DVP’s proposed Zoning By-law Amendment (“ZBA”).

2The municipal address for the subject property is 175 Wynford Drive.

3The application under Appeal proposes to amend the former City of North York Zoning By-law No. 7626, as amended by By-law No. 112-2016 and Toronto Zoning By-law No. 569-2013 as amended.

4The Tribunal marked the Affidavit of Service of the Notice of the CMC sworn by Robert Wayne Gordon Blunt on March 29, 2022 as Exhibit 1 to the Hearing.

5The Tribunal did receive party requests from IMARA National, Don Mills Residents Inc., Toronto Lands Corporation, as agent for the Toronto District School Board, and the Toronto Region Conservation Authority. All were granted Party status on consent. The Tribunal also granted Participant status, without objection, to the following individuals:

• Margaret Allen
• Michele Boissiere
• Pascal Dang
• Delmanor Wynford Inc.
• Vaino Einola
• Marlene Evans-Waisglass
• Karl Frank
• Judith Halmos-Stark
• Craig Hunter
• Dilys Jones
• Maureen Kaukinen
• Richard MacFarlane
• Beryl Macleod
• Florence Arlene Mawson
• Gerald Mawson
• Judith McMahon
• Kevin Meschino
• Irene Miao-Glass
• Terrie Miller
• Linda O'Reilly
• Aminmohomed Premji
• Carlos Arturo Ramirez
• Cameron Ridsdale
• Elaine Selke
• Daniel Serbert
• Oma Sewhdat
• Iris Singh
• JoAnne Stock
• Patricia Szego
• Nancy VanDerSluis

Opportunities for Settlement Discussion

6The Tribunal was advised that negotiations are ongoing and mediation services may be requested after the next CMC.

Finalization of a draft Procedural Order

7The Tribunal requested that a draft Procedural Order and Issues List be finalized and filed with the Tribunal by Friday, August 26, 2022.

8A second CMC has been scheduled for Wednesday, September 7, 2022.

9The Parties may request the use of Tribunal-led mediation after the CMC that will held on Wednesday, September 7, 2022.

10A ten-day Hearing has been scheduled starting on Monday, April 24, 2023.

11Parties 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

12Parties 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.

13Persons 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): 1 888 455-1389 or +1 (647) 497-9373. The access code is 979-388-733.

14Individuals 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.

ORDER

15The Tribunal orders that the next CMC will be held on Wednesday, September 7, 2022.

16The Tribunal orders that the Hearing will proceed by video hearing on Monday, April 24, 2023 commencing at 10 a.m. and is scheduled for ten (10) days.

17The Members are not seized; however, they may assist with case management, schedules permitting.

18No further notice will be given.

“S. deBoer”

S. deBOER

MEMBER

“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.