Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 03, 2022
CASE NO(S).: OLT-22-002352
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 2040 Yonge St. Ltd., Yonge Glebe Investments Ltd. & Yonge Street Investments Ltd.
Subject: Application to amend Zoning By-law No. 438-86 & 569-2013 - Refusal or neglect of the City of Toronto to make a decision
Existing Zoning: Commercial residential (CR)
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit a 14-storey mixed use building
Property Address/Description: 2010-2050 Yonge Street
Municipality: City of Toronto
Municipality File No.: 21 235352 STE 12 OZ
OLT Case No.: OLT-22-002352
OLT Lead Case No.: OLT-22-002352
OLT Case Name: 2040 Yonge St. Ltd. et al v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Referred by: 2040 Yonge St. Ltd., Yonge Glebe Investments Ltd. & Yonge Street Investments Ltd.
Subject: Site Plan
Property Address/Description: 2010-2050 Yonge Street
Municipality: City of Toronto
OLT Case No.: OLT-22-002353
OLT Lead Case No.: OLT-22-002352
Heard: July 25, 2022 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| 2040 Yonge St. Ltd., Yonge Glebe Investments Ltd. & Yonge Street Investments Ltd. | Mark Flowers and Jamie Cole |
| City of Toronto | Matthew Longo |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. BRAUN ON JULY 25, 2022 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”) with respect to appeals by 2040 Yonge St. Ltd., Yonge Glebe Investments Ltd. & Yonge Street Investments Ltd. (“Appellants”) against the failure of the City of Toronto (“City”) to make a decision within the statutory timeframe on applications for a Zoning By-Law Amendment (“ZBLA”) and Site Plan Approval (“SPA”), pursuant to s. 34(11) of the Planning Act and s. 114(15) of the City of Toronto Act. The ZBLA and SPA are required to permit a 14-storey mixed use development including residential, commercial and daycare uses at 2010-2050 Yonge Street (“subject property”).
2The Tribunal received the Affidavit of Service of Christina Fracassi dated July 6, 2022, confirming that Notice of this CMC was properly given, which was marked as Exhibit 1. In response to the Notice, the Tribunal received no requests for Party or Participant status and accordingly, the Appeal will proceed with the involvement and participation of only the Appellant and the City.
3Although the Parties provided a draft Procedural Order (“PO”), the Tribunal directed revisions thereto in accordance with the now updated sample PO which appears on the Tribunal’s website. The Parties indicated they had not yet finalized an issues list (“IL”) and explained that they would not be in a position to do so until January 2023. This is due to the upcoming Municipal election in October and the resulting inability of counsel for the City to receive instructions.
4Despite the foregoing, the Parties requested these matters be set down for a 9-day hearing in August of 2023. In acknowledgement of the fact that the Tribunal calendar is a public resource to be judiciously managed, the Parties provided as much detail as possible in support of their request for a hearing date, including an overview of the issues they expect to argue and the anticipated number of witnesses required to provide evidence on same. Counsel for the Appellant also expressed concern that waiting to schedule a hearing until an IL is finalized would result in unnecessary delay and prejudice to his client.
5Given the overview provided by the Parties and the unique circumstances surrounding the timing of Council meetings which precludes counsel for the City from receiving further instructions on the matter until after the Municipal election, the Tribunal finds it appropriate to schedule the hearing, which will commence on August 28, 2023 at 10 a.m. and will continue for 9 days. Parties should take note that, in observance of Labour Day, the Tribunal will not sit on Monday, September 4, 2023.
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/519389173
Access Code: 519-389-173
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 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.
10Counsel for the Appellant undertook to revise the draft PO in accordance with the Tribunal’s directions and provide same along with a finalized IL no later than January 30, 2023. Some discussion ensued with respect to opportunities for settlement and the Parties advised they will be engaging in discussions with a view to resolving some or all of the issues. The Parties are directed to advise the Tribunal as soon as possible should they find that settlement discussions and/or discussions in the course of finalizing the IL result in the ability to release any or all of the days set aside for the hearing so as to allow for a timely redistribution of those dates to other matters.
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: 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.