Ontario Land Tribunal / Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 21, 2022
CASE NO(S).: OLT-22-001961 (Formerly PL210015)
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Subject: Site Plan
Property Address/Description: 2540 Gerrard Street East
Municipality: City of Toronto
OLT Case No.: OLT-22-001961
Legacy Lead Case No.: PL210015
OLT File No.: OLT-22-001961
Legacy Lead Case No.: PL210015
OLT Case Name: GCD Trustee Ltd. v. Toronto (City)
Heard: June 6, 2022 by video hearing
APPEARANCES:
Parties
Counsel
GCD Trustee Ltd.
John Alati
Andy Margaritis
City of Toronto
Michael Mahoney
MEMORANDUM OF ORAL DECISION DELIVERED BY S. BOBKA AND STEVEN COOKE ON JUNE 6, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The matter before the Tribunal is an Appeal under s. 41 (12) of the Planning Act, for the failure of the City of Toronto (“City”) to make a decision on an application of a site plan, submitted by GCD Trustee Ltd. (“Applicant”) for the property municipally known as 2540 Gerrard Street East (“Subject Site”).
2This was the second Case Management Conference (“CMC”) for this matter. The Tribunal was informed that the Parties have continued their positive dialogue and foresee additional progress based on a recent exchange of information.
3The Parties have requested a further CMC date be added to the Tribunal’s calendar to allow them to continue their discussion in the hopes of resolving the remaining outstanding issues.
4For the next CMC, the Tribunal expects the Parties to provide a Draft Procedural Order, including an Issues List to assist the Tribunal in setting a Hearing date. Should discussion continue to be productive and a settlement is agreed upon the next date for a CMC can be turned into a settlement hearing of the merits.
5The Tribunal has scheduled the next CMC to proceed by video conference on Thursday, October 13, 2022 at 10 a.m.
6Parties and participants 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/687587165
Access code: 687-587-165
7Parties 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
8Persons 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 687-587-165.
9Individuals 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.
10There will be no further notice provided.
11The Panel is not seized of this matter.
12This is the Order of the Tribunal.
“S. Bobka”
S. BOBKA
MEMBER
“Steven Cooke”
STEVEN COOKE
VICE-CHAIR
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.