Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 12, 2022
CASE NO(S).: OLT-21-001745
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Future Delight Investment Ltd.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the construction of a new 8 and 14 storey mixed-use building
Reference Number: 21 168610 NNY 08 OZ
Property Address: 3280 Dufferin Street and 12-16 Orfus Road
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-21-001745
OLT Lead Case No.: OLT-21-001745
OLT Case Name: Future Delight Investment Ltd. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A
Appellant: Future Delight Investment Ltd.
Subject: Site Plan
Description: To permit the construction of a new 8 and 14 storey mixed-use building
Reference Number: 22 114271 NNY 08 SA
Property Address: 3280 Dufferin Street and 12-16 Orfus Road
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-21-003303
OLT Lead Case No.: OLT-21-001745
PROCEEDING COMMENCED UNDER subsection 114(15.1) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A
Appellant: Future Delight Investment Ltd.
Subject: Site Plan
Description: To permit the construction of a new 8 and 14 storey mixed-use building
Reference Number: 19 264594 STE 13 SA
Property Address: 3280 Dufferin Street and 12-16 Orfus Road
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-21-003304
OLT Lead Case No.: OLT-21-001745
Heard: May 2, 2022 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Future Delight Investment Ltd. | Alan Heisey |
| City of Toronto | Uttra Gautam Laura Bisset |
| Holiday Sportswear Manufacturing Ltd. and Vivian Rosenberg Investments Inc. | Max Laskin |
| 7420443 Ontario Inc. | David Bronskill |
MEMORANDUM OF ORAL DECISION DELIVERED BY BRYAN W. TUCKEY ON MAY 2, 2022 AND INTERIM ORDER OF THE TRIBUNAL
1The Tribunal convened the first Case Management Conference (“CMC”) for the above noted matter. Future Delight Investment Ltd. (“Applicant”) has filed an appeal against the City of Toronto’s (“City”) failure to make a decision for a Zoning By-law Amendment (“ZBA”) pursuant to s. 34(11) of the Planning Act and lodged two appeals against the City’s failure to approve a Site Plan Control Application (“SPA”) pursuant to s. 114(15) and (15.1) of the City of Toronto Act, 2006. (Tribunal File Nos. OLT-22-003303 and OLT-22-003304). The subject property is known municipally as 3280 Dufferin Street and 12-16 Orfus Road, in the City.
2The effect of this ZBA is to facilitate a mixed use development consisting of a new eight and 14 storey mixed use building. The proposal consists of 352 residential units of 28,646 square metres (“sq m”), non-residential space of 246 sq m for a total development of 28,892 sq m representing a Floor Space Index of 5.6. The existing one and two storey commercial buildings on the subject property will be demolished.
3There are two Parties of record in this matter. Holiday Sportswear Manufacturing Ltd. and Vivian Rosenberg Investments Inc. represented by Max Laskin and 7420443 Ontario Inc. represented by David Bronskill have requested Party status. The Tribunal grants this request on consent of all Parties. There are no participant requests in respect of these proceedings.
4The Affidavit of Service sworn April 7, 2022 is marked as Exhibit 1. No further notice is required.
5Alan Heisey, Counsel for the Applicant, described the background and the intent of the ZBA for the benefit of the Tribunal and the Parties. He described the proposed mixed use development that will front on Orfus Road. He has submitted the requisite ZBA and SPA to the City for staff’s review and comment. He clarified the SPA appeals with respect to the City of Toronto Act. The appeals of the plans and drawings are pursuant to s. 15 and the Conditions of Approval pursuant to s. 15.1.
6Mr. Heisey suggested that the most efficient way to deal with this matter would be in keeping with Rule 16.1 of the Ontario Land Tribunal Rules of Practice and Procedure – Consolidated Proceedings or Hearing Matters Together and the appeals could be “heard one after the other”. His early advice to the Tribunal is a two phase hearing. Phase one would deal with the matters with respect to the ZBA appeal. Subject to the Tribunal’s approval of an appropriate ZBA, the SPA matters being plans and drawings and Conditions of Approval could then be adjudicated in a Phase two hearing. The exact organization of the Phased approach will become clearer when the Issues List of the Procedural Order (“PO”) is finalized.
7Mr. Heisey did submit a draft PO, but the draft has not advanced to a point where it could be reviewed at this CMC. He advised that he has received an issues list from the City, but no issues list has been submitted by the other two parties.
8Laura Bisset, Counsel for the City, agreed that this proceeding would require two phases. Only after the ZBA has been approved by the Tribunal could the SPA Drawings and plans and Conditions of Approval be properly considered. The ZBA will inform the review and comment of the proposed Site Plan. She made note that during Phase One of the hearing, plans and drawings must be presented to a detail sufficient to inform the content of the ZBA. The City has prepared a draft issues list that has been circulated to the Applicant and Uttra Gautam committed to circulate all Parties immediately after the CMC is completed.
9Messrs. Laskin and Bronskill agreed with a two phased approach noting that plans and drawings of sufficient detail must be presented in Phase One because built form relationships between the proposal and their respective client’s properties are an important consideration. They also made note that their clients are given Party status at this CMC and therefore, have only began assembling an issues list on a preliminary basis.
10In conclusion, Mr. Heisey requested that a merits hearing be scheduled.
11The Tribunal inquired about the need for Tribunal-led mediation. All Parties are committed to work together to define and scope issues and to determine areas of consensus throughout the process. They are aware any party may ask for Tribunal-led mediation at their convenience.
Tribunal Disposition
12The Tribunal is not prepared to schedule a merits hearing until it receives a PO on consent of the Parties that is suitable for its review and approval.
13The Tribunal finds that the three appeals before it is best heard together in keeping with Rule 16.1 and ‘heard one after the other” in a two Phase hearing.
a. Phase One is the ZBA appeal pursuant to s. 34(11) of the Planning Act. In Phase One, plans and drawings will be presented in sufficient detail to inform the ZBA, all Issues on the Issues List and built form considerations.
b. Phase Two will deal with the SPA appeals pursuant to s. 15 and 15.1 of the City of Toronto Act.
14Parties will explore hearing scheduling options as part of the PO considerations and provide advice to the Tribunal at the next CMC.
15The Tribunal determines that it is prudent to schedule a second CMC. With the consent of all Parties, a CMC is scheduled for Tuesday, July 19, 2022. The second CMC will be provided a status update, review and approve the PO, hear final submissions on hearing phasing and establish a hearing date.
16The Tribunal directs that Parties finalize and circulate their individual Issues List and circulate to all Parties not later than 4:30 p.m. Friday, May 13, 2022.
17The Tribunal fully expects that the Parties will submit a PO on consent no later than 4:30 p.m. Wednesday, July 13, 2022. Should there be questions remaining with respect to the PO, Parties will be prepared to discuss these questions at the next CMC.
CMC TECHNICAL DETAILS
18A second CMC will convene on Tuesday, July 19, 2022, by video hearing at 10 a.m. as follows:
Tuesday, July 19, 2022 at 10 a.m. (one day) GoTo Meeting: https://global.gotomeeting.com/join/709076365
Access code: 709-076-365 Audio-only line: +1 (647) 497-9373 or (Toll-Free) 1(888) 299-1889 Audio-only access code: 709-076-365
19Parties 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
20Persons 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.
21Individuals 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.
INTERIM ORDER
22Accordingly, the Tribunal Orders:
i. THAT a one day Case Management Conference will convene on Tuesday, July 19, 2022.
ii. THAT the Parties submit a Procedural Order no later than 4:30 p.m. Wednesday, July 13, 2022.
23No further notice will be given.
24The Tribunal Member is not seized.
“Bryan W. Tuckey”
BRYAN W. TUCKEY
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.