Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 27, 2022
CASE NO(S).: OLT-22-002154
PROCEEDING COMMENCED UNDER subsection 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: July 13, 2022 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Tuxedo Court GP Ltd. | David Bronskill |
| City of Toronto | Jason Davidson |
| Toronto and Region Conservation Authority | Barbara Montgomery |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. BRAUN ON JULY 13, 2022 AND ORDER OF THE TRIBUNAL
1This was the second Case Management Conference (“CMC”) in relation to an appeal by Tuxedo Court GP Ltd. (“Appellant”) pursuant to s. 34(11) of the Planning Act (“Act”). The City of Toronto (“City”) failed to make a decision within the legislated timeline on an application for a Zoning By-law Amendment in relation to the property located at 40 and 42 Tuxedo Court (“subject property”). The rezoning of the subject property is required to give effect to the Appellant’s proposal to develop two mixed-use towers of 26 and 29 storeys, respectively, which will be connected by a three-storey podium.
2At a previous CMC, conducted on June 6, 2022, before a panel differently constituted, the Toronto and Region Conservation Authority (“TRCA”) was granted Party status. No further requests for Party or Participant status were received by the Tribunal in advance of today’s hearing event and accordingly, the appeal will proceed with the involvement of the Appellant, the City and TRCA only.
3This CMC was scheduled for the purpose of receiving an update from the Parties on the status of the appeal, including any progress made with respect to settlement and, if necessary, to set the matter down for a hearing and finalize a Procedural Order (“PO”) and Issues List (“IL”).
4The Parties jointly requested the Tribunal set the matter down for a 10-day hearing and advised that, although they had yet to pursue settlement discussions, it is anticipated they will likely engage in mediation, which could lead to a resolution of some or all of the disputed issues. The Parties were reminded that, should they wish to avail themselves of Tribunal-assisted mediation, they may reach out to the Tribunal’s Case Coordinator. Should they pursue private mediation, which results in the resolution of some or all of the disputed issues, the Parties are directed to advise the Tribunal in writing as soon as possible so as to ensure the timely redistribution of any hearing dates, which may no longer be required.
5A video hearing will commence at 10 a.m. on Monday, July 10, 2023 for 10 days.
6Parties 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/638422541
Access Code: 638-422-541
7Parties 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: (Toll Free): 1-888-299-1889 or +1 (647) 497-9373. The access code is 638-422-541.
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.
10In advance of the CMC, the Parties worked diligently to collaborate on a draft Procedural Order and Issues List. The Tribunal reviewed same and directed minor revisions in accordance with an updated version of the Tribunal’s Sample Procedural Order for Video Hearings. Counsel for the Appellant undertook to make the necessary revisions, circulate same to the Parties for their consent and resubmit for the Tribunal’s review and approval.
11The 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.
12There will be no further notice and this Member is not seized but may be available for case management, should scheduling permit.
13It is so ordered.
“S. Braun”
S. BRAUN 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.