Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 20, 2022
CASE NO(S).: OLT-22-002154
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Tuxedo Court GP Ltd.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: to permit a two building, 644-unit mixed use development
Reference Number: 21 149511 ESC 24 OZ
Property Address: 40-42 Tuxedo Court
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-22-002154
OLT Lead Case No: OLT-22-002154
OLT Case Name: Tuxedo Court GP Ltd. v. Toronto (City.)
Heard: June 6, 2022 by video hearing
APPEARANCES:
Parties
Tuxedo Court GP Ltd.
City of Toronto
Toronto and Region Conservation Authority
Counsel
David Bronskill
Jason Davidson
Barbara Montgomery
MEMORANDUM OF ORAL DECISION DELIVERED BY S. MANN AND T.F. NG ON JUNE 6, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The matter before the Tribunal is a first case management conference of an appeal under s. 34(11) of the Planning Act (“Act”) with respect to the City of Toronto’s failure to make a decision within the statutory time frame of an application for a Zoning By-law Amendment. The application was filed by Tuxedo Court GP Ltd. (“Appellant”) in relation to the property located at 40 and 42 Tuxedo Court. (“the subject property”).
2The Appellant applied to redevelop the subject property in order to facilitate the construction of two mixed use towers with heights of 26 and 29 storeys, connected by a three (3) storey podium (the “Application”).
3The Tribunal received the Affidavit of Service dated May 4, 2022, confirming that Notice of this Conference Management Call (“CMC”) was properly given, which has been marked as Exhibit 1.
PARTY/PARTICIPANT REQUESTS
4The Tribunal received a request for party status from the Toronto and Region Conservation Authority (“TRCA”). The subject property is located within the area of jurisdiction for the TRCA and no objections were raised to granting of party status. As a result, the TRCA was granted party status to this matter.
MEDIATION & SETTLEMENT
5The Tribunal raised the issue of opportunities for settlement, including the use of Tribunal-assisted mediation, which parties agreed to consider.
PROCEDURAL ORDER/ISSUES LIST
6Although Counsel said that a draft Procedural Order (“PO”) and Issues List (“IL”) were circulated between parties in advance of the CMC, the Tribunal has not yet received a copy of the Draft PO or IL. The parties agreed to submit a Draft PO and IL by June 30, 2022 to the Case Coordinator.
HEARING/SUBSEQUENT CMC
7The parties requested a ten (10) day hearing in July of 2022 as well a subsequent CMC in February of 2023.
8Since no Draft PO and IL were provided to the Tribunal, the Tribunal stressed the importance of ensuring that a further CMC be scheduled in order to update the Tribunal and finalize the PO and IL. The Parties are directed to submit a draft PO and Issues List by Thursday, June 30, 2022 and be prepared to at the next CMC to discuss the anticipated length of hearing such that a hearing date may be scheduled, as well as any opportunity for settlement.
9Parties 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:
10The CMC is scheduled to proceed by video on Wednesday, July 13, 2022 at 10 a.m.
https://global.gotomeeting.com/join/519389173
Access Code: 519-389-173
11Parties 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
12Persons 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 519-389-173.
13Individuals 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 CMC 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.
OTHER MATTERS
14The Tribunal inquired as to whether there were any other matters to be addressed which might assist in the fair, just and expeditious resolution of this matter. The Parties indicated there were none.
ORDER
15The Tribunal orders that the TRCA is a party in this proceeding
16The Tribunal directs the Parties to file a draft Procedural Order and Issues List by Thursday, June 30, 2022 with the Case Co-ordinator
17The Tribunal orders that a further CMC be held on Wednesday, July 13, 2022.
18The Parties will update the Tribunal on the status of the appeal and finalize the Procedural Order at the next CMC.
19There will be no further notice and this Panel is not seized but, schedule permitting, may be spoken to for case management purposes.
“S. Mann”
S. MANN
MEMBER
“T.F. Ng”
T. F. NG
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.