Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 19, 2022
CASE NO(S).: OLT-21-001365
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: NJS Sherbourne Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the redevelopment of the Subject Property with a 45-storey residential tower
Reference Number: 21 189632 STE 13 OZ
Property Address: 383 & 387 Sherbourne Street
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-21-001365
OLT Lead Case No.: OLT-21-001365
OLT Case Name: NJS Sherbourne Inc. v. Toronto (City)
Heard: July 6, 2022 by Video Hearing (“VH”)
APPEARANCES:
| Parties | Counsel |
|---|---|
| NJS Sherbourne Inc. (“Applicant”) | A. Platt / N. Koschany (student-at-law) |
| City of Toronto (“City”) | L. Bissett / J. Davidson |
| Roman Catholic Episcopal Corporation for the Diocese of Toronto, in Canada (“Diocese”) | D. Tang / J. White |
| Sherbourne Community Clinic Inc. (“Clinic”) | C. Tanzola |
MEMORANDUM OF ORAL DECISION DELIVERED BY BLAIR S. TAYLOR ON JULY 6, 2022, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Applicant owns the properties known municipally as 383 and 387 Sherbourne Street (“Subject Lands”) and had made a development application to the City seeking to rezone the Subject Lands and enable redevelopment with a 45-storey residential building with 483 units.
2As the City had failed to make a decision within the statutory time frame, the Applicant appealed to the Tribunal.
3At the Case Management Conference (“CMC”), the Tribunal heard two requests for party status, heard a status update from the parties, inquired with regard to Tribunal-led mediation, gave directions for the preparation of a draft Procedural Order and Issues List, and set a second CMC for Monday February 27, 2023, by VH, all for the reasons set out below.
DECISION
4The lead up to the CMC, there were two requests for party status: the first from the Diocese, and the second from the Clinic. On consent of the parties, both were granted party status.
5The Tribunal inquired of the parties about Tribunal-led mediation and alternative dispute resolution and was advised that all parties had an interest and that the Applicant, and the City had instructions. Further, the counsel for the Diocese indicated that he would seek instructions from his client (which was later confirmed). Counsel for the Applicant told the Tribunal that a mediation request would be made and the offer of the Tribunal to contact the Mediation Coordinator to advise of the forthcoming request was appreciated.
6The Tribunal had been provided with a draft Procedural Order (Exhibit 4) (“PO”); however none of the parties had provided their issues in time for a revised draft to be prepared and provided to the Tribunal.
7In this regard, the Tribunal would remind the parties that Rule 19.2 of the Tribunal’s Rules of Practice and Procedure provides that when the parties are known, that parties are expected to discuss the matters in Rule 19.1 (including the issues: see Rule 19.1(b)) and present a draft PO to the Tribunal.
8The Tribunal tasked counsel for the Applicant to coordinate the preparation of the revised draft PO using the new Ontario Land Tribunal PO template.
9The Tribunal directed that the parties were to submit their issues to counsel for the Applicant on or before July 8, 2022.
10Counsel for the Applicant will compile the revised draft PO and with consent of the parties, forward it to the Case Coordinator for review by the Tribunal on or before July 22, 2022.
11With regard to next steps, counsel for the Applicant had sought both a second CMC and the setting of a 25 day hearing.
12The Tribunal set a second CMC for Monday February 27, 2023, commencing at 10 a.m. by VH.
13Parties 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/979388733
Audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1(888) 299-1889
Access code: 979-388-733
14Parties 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
15Persons 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, provided above.
16Individuals 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.
17The Tribunal declined to set a 25 day hearing on the merits as the parties will be seeking Tribunal-led mediation, and a second CMC date has been set. The Tribunal’s hearing schedule remains a scarce public resource that must be carefully managed so as to optimize its availability.
18In the event that Tribunal-led mediation leads to a settlement, the CMC may be converted to a settlement hearing.
19The Tribunal also provided directions for the revised draft PO including the timing of the provision of a joint document book to the Tribunal (at least 10 days before the hearing) and that all documents be in both electronic and hard copy formats.
20There will be no further notice.
21I am not seized.
22This is the Order of the Tribunal.
“Blair S. Taylor”
BLAIR S. TAYLOR
MEMBER
Ontario Land Tribunal
Website: www.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.