Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 22, 2022
CASE NO(S).: OLT-21-001361
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: PEM (Church) Limited Partnership
Subject: Application to amend Zoning By-law No. 438-86 - Refusal or neglect of City of Toronto to make a decision
Existing Zoning: CR T3.0 C2.0 R3.0
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit a 54-storey residential building with retail at grade
Property Address/Description: 137-149 Church Street and 18-20 Dalhousie Street
Municipality: City of Toronto
Municipality File No.: 18 174573 STE 27 OZ
OLT Case No.: OLT-21-001361
OLT File No.: OLT-21-001361
OLT Case Name: PEM (Church) Limited Partnership v. Toronto (City)
Heard: June 17, 2022, by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| PEM (Church) Limited Partnership | David Bronskill |
| City of Toronto | Daniel Elmadany |
DECISION DELIVERED BY D. CHIPMAN AND ORDER OF THE TRIBUNAL
1This Decision arises from the second Case Management Conference (“CMC”) for the appeal brought by PEM (Church) Limited Partnership (“Appellant”) regarding the failure of the City of Toronto (“City”) to make a decision on the Appellant’s application for a Zoning By-law Amendment to facilitate a development on the lands located at 137-149 Church Street and 18-20 Dalhousie Street (“Subject Property / Lands”).
2The Appellant and the City stated that they have been engaged in settlement discussions and that the City’s planning staff report to City Council has provided instructions to move this matter to a full settlement.
3The Tribunal heard from Ms. Sharmini Mahadevan, counsel to the property owners of the three properties to the north (inclusive of the abutting property) of the Subject Lands. She indicated that her clients would not seek Party Status as discussions with the Appellant regarding a settlement have been successful. Ms. Sharmini stated that the Appellant is currently putting pen to paper to draft an agreement and she is confident this matter will be resolved. She informed the Tribunal that based on this there will be no need for her clients to participate in the Settlement Hearing.
NEXT HEARING EVENT
4In light of the foregoing, the Tribunal canvassed the Parties as to a potential date for the Settlement Hearing. Both Parties agreed that July 21, 2022, be set down as the hearing date for the Tribunal to hear testimony in support of the settlement.
5The Tribunal scheduled a one day Settlement hearing to be held by video hearing on Thursday, July 21, 2022, at 10:00 a.m. Parties 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:
Go To Meeting: https://global.gotomeeting.com/join/909787981
Audio-only telephone line: +1 (647) 497-9391 or (Toll-Free) 1(888) 455-1389
Access Code: 909-787-981
6Parties and participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay.
7The 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 as indicated above.
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 video hearing 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.
10The 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.
11There will be no further notice and this Member is not seized but may be available for case management should scheduling permit.
12It is so Ordered.
“D. Chipman”
D. CHIPMAN
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.