Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 29, 2022
CASE NO(S).: OLT-22-001909
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: 1386072 Ontario Inc.
Subject: Application to amend the Zoning By-law – neglect to make a decision
Description: To permit a 15-storey residential building
Reference Number: 21 196623 WET 02 OZ
Property Address: 4174 Dundas Street W.
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-22-001909
OLT Lead Case No: OLT-22-001909
OLT Case Name: 1386072 Ontario Inc. v. Toronto (City)
Heard: July 12, 2022 by Video Hearing
APPEARANCES:
Parties
Counsel
1386072 Ontario Inc.
Michael Nemanic
City of Toronto
Kasia Czajkowski
Delmanor Prince Edward Inc.
Calvin Lantz
Toronto and Region
Barbara Montgomery
Conservation Authority
MEMORANDUM OF ORAL DECISION DELIVERED BY T.F. NG ON JULY 12, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) for the above noted matter. 1386072 Ontario Inc. (“Applicant”) has filed an appeal against the City of Toronto’s (“City”) failure to make a decision for a Zoning By-law Amendment pursuant to s. 34(11) of the Planning Act. The subject property is known municipally as 4174 Dundas Street West, in the City.
2The application under appeal is to facilitate a 15-Storey residential development on the subject property, including 117 residential units, with a gross floor area of 13,193 square metres (“sq m”).
3The Affidavit of Service sworn June 10, 2022, was marked as Exhibit 1.
Party Status Request
4There were two requests for Party status. The Tribunal granted Party status to Delmanor Prince Edward Inc. and to Toronto and Region Conservation Authority on consent of the Parties.
5Michael Nemanic, Counsel for the Applicant, advised the Tribunal that his client has just submitted an Official Plan Amendment (“OPA”) with respect to the development and would await the City’s review of same. He said the Applicant may seek, at some point, to consolidate the OPA with the ZBA depending on the outcome of the review. City’s counsel, Kasia Czajkowski, expressed surprise on the OPA as this was the first time, she heard of that, however, she concurred that City staff will need time to go through and review the application.
6Parties requested another CMC to allow the OPA to catch up and in time to account for the imminent Municipal elections.
7The Tribunal directed that a Draft Procedural Order and a Draft Issues List be circulated and forwarded to the Case Coordinator by Thursday, January 19, 2023. The revised Procedural Order is available on the Tribunal’s website.
Mediation
8The Tribunal inquired about the likelihood of Mediation to which counsels stated they are open to the same but will have to see where private discussions lead them in view of the recent submissions for an OPA.
DISPOSITION
9The Tribunal will schedule a CMC pursuant to the Parties’ request. Parties will update the Tribunal on the status of discussions and the appeal at the CMC.
10The Tribunal directs that the Parties submit a Procedural Order with an Issues List to the Case Coordinator Thursday, by January 19, 2023.
CASE MANAGEMENT
11A CMC is scheduled to commence on Monday, February 6, 2023, by video hearing at 10 a.m. as follows:
https://global.gotomeeting.com/join/709076365
Access code: 709-076-365
12Parties 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
13Persons 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 709-076-365.
14Individuals 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 events may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
15The Tribunal Orders that:
Delmanor Prince Edward Inc. and the Toronto and Region Conservation Authority are granted Party Status;
a Case Management Conference will commence at 10 a.m. by video hearing on Monday, February 6, 2023; and,
the Parties are to forward a Procedural Order with the Issues List to the Case Coordinator on or before, Thursday, January 19, 2023.
16No further notice will be given.
17The Member is not seized.
“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.