Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 03, 2022
CASE NO(S).: OLT-22-002454
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant: Al Reisman Limited Appellant: D. Crupi & Sons Ltd. & D.C.M. Holdings Ltd. Appellant: Kale Management Inc. et al Appellant: Morguard Investment Limited Appellant: Suncore Energy Products Inc.
Subject: ZBL No. 607-2015
Municipality: City of Toronto
OLT Case No.: OLT-22-002454 Legacy Case no.: PL150661
OLT Lead Case No.: OLT-22-002454 Legacy Lead Case No.: PL150661 OLT Case Name: Al Reisman v. Toronto (City)
Heard: May 11, 2022 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Al Reisman Ltd., D. Crupi & Sons Ltd., D.C.M. Holdings Ltd. | David White |
| Kale Management Inc., Yonge-Clair Properties Inc., Milwest Investments Inc., Kato Krauss | Calvin Lantz |
| Suncor Energy Products Inc. | Mary Flynn-Guglietti |
| Morguard Investments Limited, 60 Bloor Equities Inc., Revenue Properties Co. Ltd. | Johanna Shapira |
| City of Toronto | Gabe Szobel, Marc Hardiejowski, Meghan Faught (Articling), Michelle LaFortune (Articling) |
MEMORANDUM OF ORAL DECISION DELIVERED BY T.F. NG AND B. RAJAEE ON MAY 11, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) for these appeals held as a video hearing.
2On June 12, 2015, the City of Toronto (“City”) passed Zoning By-law No. 607-2015 (“ZBL 607”) for the purpose and effect of removing certain lands from Zoning By-law No. 569-2013 (“ZBL 569) that met the transition protocol. ZBL 607 further made technical amendments to zoning labels, boundaries, zoning map, height overlay map, typographical and wording corrections to regulations and exceptions.
3The Appellants are as listed above, with appeals filed pursuant to section 34(19) of the Planning Act.
4The Affidavit of Service of Notice of CMC is marked as Exhibit 1.
PARTY/PARTICIPANT STATUS REQUESTS
5There were no requests received for participant or party status.
OVERVIEW
6Mr. Szobel, counsel for the City, stated that he had spoken to all other counsels acting for the Appellants. The majority of Appellants are asking for another CMC to pursue possible resolutions of their respective appeals, save for Mr. White who is asking for a hearing date with respect to his clients’ appeals.
7Mr. White pressed for a hearing date to be fixed since, according to him, his clients are in a limbo as the permitted use has been removed by the ZBL 607 while the appeals on ZBL 569 are moving at a snail’s pace.
8The Tribunal is in agreement with the City’s counsel submissions that as Mr. White’s clients have yet to provide a list of issues or a draft procedural order (as is the case with the other parties), it is premature to fix a hearing date for these disparate appeals which do not share like interests and are site specific.
MEDIATION
9Counsels concur that some of the appeals have the potential for resolution, in particular, Ms. Flynn-Guglietti, Ms. Shapira and Mr. Lantz shared optimism that their respective clients’ appeals have such prospects of settlement, given the ongoing discussions between the parties and the City. There are no immediate plans for any Tribunal assisted mediation.
DRAFT ISSUES LIST AND DRAFT PROCEDURAL ORDER
10The Tribunal will direct that, as the parties require time to facilitate settlement discussions, and in Mr. White’s case, to move his clients’ appeals toward a hearing, a second CMC date will be fixed.
11Two weeks before the second CMC date, the City and the remaining Appellants are to provide a Draft Procedural Order and draft issues list to the case coordinator.
12The parties will report on the settlement efforts and the status of respective appeals at the next CMC.
13The Tribunal directs that a second CMC be fixed on August 10, 2022. The Parties are to be ready at the second CMC to finalize the procedural order and all related matters thereto.
HEARING DETAILS
14This matter will be fixed for a one-day CMC on Wednesday, August 10, 2022 at 10 a.m. by video hearing.
15Parties 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/638422541
Access code: 638-422-541
16Parties 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.
17Persons 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 638-422-541.
18Individuals 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
19The Tribunal orders as follows:
a. The CMC is scheduled to proceed by video on Wednesday, August 10, 2022 at 10 a.m.
b. The draft Procedural Order and draft issues list shall be delivered to the Tribunal’s Case Coordinator at least two weeks before the next CMC.
d. The Procedural Order with the attached Issues List will be considered for approval and finalization at the next CMC.
e. The Parties shall provide a status update to the Tribunal on the settlement discussions and the respective appeals at the CMC.
20There will be no further notice.
21The Panel Members are not seized.
“T.F. Ng”
T.F. NG MEMBER
“B. Rajaee”
B. RAJAEE 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.