Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
June 09, 2022
CASE NO(S).:
OLT-22-002182
OLT-21-001894
PROCEEDING COMMENCED UNDER section 45(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant:
1161 Kingston Road GP Inc.
Subject:
Minor Variance
Description:
to permit an 8 storey, 57-unit mixed use building
Reference Number:
A0276/21SC
Property Address:
1161 Kingston Road
Municipality/UT:
Toronto/Toronto
OLT Case No:
OLT-22-002182
OLT Lead Case No:
OLT-22-002182
OLT Case Name:
1161 Kingston Road GP Inc. v. Toronto (City.)
PROCEEDING COMMENCED UNDER section 41(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Subject:
Site Plan
Description:
to permit an 8 storey, 57-unit mixed use building
Reference Number:
20 230414 ESC 20 SA
Property Address:
1161 Kingston Road
Municipality/UT:
Toronto/Toronto
OLT Case No:
OLT-21-001894
OLT Lead Case No:
OLT-22-002182
OLT Case Name:
1161 Kingston Road GP Inc. v. Toronto (City.)
Heard:
June 1, 2022, by video hearing
APPEARANCES:
Parties
Counsel*/Representative
1161 Kingston GP Inc.
Matthew Lakatos-Hayward *
City of Toronto
Sara Amini*
Bernadette Crowe
Ian Flett*
John Hartley
Self Represented
MEMORANUM OF ORAL DECISION DELIVERED BY ERIC S. CROWE AND BRYAN W. TUCKEY AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal convened the first Case Management Conference (“CMC”) on an appeal filed by 1161 Kingston GP Inc (the “Appellant”) against the City of Toronto (the “City”) for the refusal to approve a minor variance pursuant to s. 45 (12) of the Planning Act (the “Act”) and refusal to make a decision within the prescribed timeframe of a Site Plan Control Area application pursuant to 114 (15) of the City of Toronto Act. The Subject Property is municipally known as 1161 Kingston Road, Toronto.
2The Appellant is requesting 16 minor variances and a site plan control area application to redevelop the Subject Property, which is currently developed with a gas station and auto maintenance shop, with an eight (8)-storey mixed-use building containing a total of 57 dwelling units.
3Mr. Lakatos-Hayward provided the Tribunal a brief background and the current status of negotiations. The Parties agree there have been constructive discussions with a possible settlement. Mr. Lakatos-Hayward advised small revisions to the site plan control application will be completed shorty and will be provided to all Parties.
4Ms. Amini advised that the City Council has directed she appear in support of the Planning Staff recommendation found in its Report dated November 12, 2021 which may narrow the outstanding issues. Ms. Amini advised that the Site Plan Control Area agreement will not likely be matured to a point for consideration at a hearing and the City would request it be conditional upon the Tribunal approval.
5Mr. Flett requested that the minor variance and site plan control appeals be consolidated under section 16.1 instead of 16.3 of the Ontario Land Tribunal Rules of Practice and Procedure (the “Rules”) as suggested by Mr. Lakatos-Hayward.
6Rule 16 Consolidation Section 16.1 states:
Consolidating Proceedings or Hearing Matters Together The Tribunal may order that two or more proceedings or any part of them, be consolidated, heard at the same time, or heard one after the other, or stay or adjourn any matter until the determination of any other matter, subject to any applicable statutory or regulatory restrictions.
7According to Mr. Flett this consolidation of appeals would allow full participation of all Parties including their evidence and not have a staggered hearing. All parties consented to the consolidation of this matter in a way to secure a fair and expeditious hearing.
Party Status Request
8There was a request for Party Status made by Ian Flett on behalf of Bernadette Crowe. Mr. Flett stated that Ms. Crowe owns lands adjacent (south) to the Subject Property. Ms. Crowe has a direct interest in the outcome of this appeal and appeared before the Committee of Adjustment (the “CoA”) meeting. There were no objections raised to the request for Party Status. Member Crowe advised there was no conflict of interest since Member Crowe did not know or was related to Ms. Crowe. Mr. Flett confirmed the same from his client.
9John Hartley, who was self, represented also requested Party Status. Mr. Hartley advised he represented Save Our City Association (“SOS”) which was federally incorporated on January 14, 2022. There was one objection from Mr. Lakatos-Hayward who opposed Party Status but not to Participant Status. Mr. Lakatos-Hayward advised that Mr. Hartley lives approximately 1.5 km away from the Subject Property and attended the CoA meeting on behalf of a different association, Lakeside Residence Association.
10Mr. Hartley advised the Tribunal that if the SOS was not granted Party Status that he would request Party Status as an individual. Mr. Hartley has a direct interest in the outcome of this appeal and appeared before the CoA meeting. The Tribunal informed Mr. Hartley of his statutory requirements as a Party to participant fully in the proceedings.
11Mr. Hartley also requested that the hearing be recorded with a Court Reporter which all Parties consented. The Tribunal informed Mr. Hartley of the procedural requirements for this request to the Tribunal and the associated costs and transcription which is to be provided to the Tribunal and all Parties.
Mediation
12The Tribunal inquired about the need for Tribunal-led mediation. Mr. Lakatos-Hayward informed he was open to mediation. Ms. Amiri advised the City continues to have ongoing productive discussions with the Appellant and does not foresee mediation at this time. Mr. Flett and Mr. Hartley were also both in support of mediation to define the issues. In any event, all Parties are committed to work together to define the scope and issues and to determine areas of consensus throughout the process. The Tribunal will canvas the opportunity for Tribunal-led mediation at the next CMC.
13The Tribunal directs a Draft Procedural Order and Issues List on consent to be submitted to the Case Coordinator on or before end of day Friday, July 22, 2022. Mr. Lakatos-Hayward as Appellant counsel will coordinate the Draft Procedural Order.
14The Tribunal directs that a second CMC will be held by video hearing commencing on Wednesday, July 27, 2022, at 10 a.m.
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:
GoTo Meeting: https://global.gotomeeting.com/join/519389173
Access code: 519-389-173
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 at: 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: +1 (647) 497-9373 or Toll Free 1-888-299-1889. The access code is 519-389-173.
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.
19The Parties raised no further matters for the fair and expeditious resolution of this appeal.
ORDER
20The Tribunal consolidates the appeals under section 16.1 of the Rules.
21The Tribunal grants Party Status to Bernadette Crowe and John Hartley as an individual.
22The Tribunal orders that a second CMC hearing be held by video commencing on Wednesday, July 27, 2022, at 10 a.m. with meeting coordinates as set out above.
23No further notice will be given.
24The Tribunal Members are not seized but may be spoken to for case management purposes subject to the availability of the Tribunal’s calendar.
25The directions in this Decision are so ordered.
“Eric S. Crowe”
ERIC S. CROWE
MEMBER
“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.