Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 19, 2022
CASE NO(S).: OLT-22-003048
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Titan Developments (2217500 Ontario Ltd.)
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit one residential building and three mixed-use buildings
Reference Number: 21 211444 WET 07 OZ
Property Address: 15, 19, 21 & 23 Toryork Drive
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-22-003048
OLT Lead Case No.: OLT-22-003048
OLT Case Name: Titan Developments (2217500 Ontario Ltd.) v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Titan Developments (2217500 Ontario Ltd.)
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit one residential building and three mixed-use buildings
Reference Number: 21 211444 WET 07 OZ
Property Address: 15, 19, 21 & 23 Toryork Drive
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-22-003049
OLT Lead Case No.: OLT-22-003048
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Titan Developments (2217500 Ontario Ltd.)
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit one residential building and three mixed-use buildings
Reference Number: 21 211444 WET 07 OZ
Property Address: 15, 19, 21 & 23 Toryork Drive
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-22-003050
OLT Lead Case No.: OLT-22-003048
Heard: July 28, 2022 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Titan Developments Inc. (2217500 Ontario Ltd.) | Sidonia Tomasella |
| City of Toronto | Nathan Muscat and Jamie Dexter |
MEMORANDUM OF ORAL DECISION DELIVERED BY SHARYN VINCENT ON JULY 28, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1Titan Developments Inc. (2217500 Ontario Ltd.) has appealed against the failure of the City of Toronto (“City”) to render decisions with respect to applications to amend the Official Plan and Zoning By-law, together with a draft plan of subdivision in order to permit lands known as 15, 19, 21 and 23 Toryork Drive to be divided into four development blocks to accommodate the following development, which in total would be comprised of 1,177 residential units and 870 square metres of non-residential gross floor area:
Block 1 38 storeys mixed use tower and privately owned publicly accessible space
Block 2 27 and 36 storeys mixed use towers
Block 3 29 storeys residential tower
Block 4 1630 square metres open space block
2The Affidavit of Service attesting to proper notice having been given, was filed as Exhibit 1, together with the Addendum dated July 5, 2022.
3A request for Participant Status was received from Grant Evers, President, on behalf of the Humber Summit Residents and status was conferred with no objection from the parties.
4Both the City and the Appellant indicated that they were very motivated to engage in Tribunal-lead mediation, and were directed to reach out directly to the Deputy Registrar to discuss and secure timeframes.
5The Parties had prepared a draft Procedural Order complete with Issues List in support of their request for a 15-day hearing. Accordingly, a hearing commencing on Monday, July 24, 2023 at 10 a.m., concluding on Friday, August 11, 2023, was scheduled for a duration of 14 days.
6Parties and participants 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/687587165
Access code: 687-587-165
7Parties 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.
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.
10No further notice is required and the Member is not seized but may be spoken to should issues arise in the execution of the directions in this this Order.
ORDER
11The hearing of the merit of the appeals shall commence on Monday, July 24, 2023 and shall be governed by the Procedural Order, attached hereto and forming part of this Order.
“Sharyn Vincent”
SHARYN VINCENT
VICE CHAIR
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.
OLT-22-003048 – Attachment
Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Titan Developments (2217500 Ontario Ltd.)
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit one residential building and three mixed-use buildings
Reference Number: 21 211444 WET 07 OZ
Property Address: 15, 19, 21 & 23 Toryork Drive
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-22-003048
OLT Lead Case No.: OLT-22-003048
OLT Case Name: Titan Developments (2217500 Ontario Ltd.) v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Titan Developments (2217500 Ontario Ltd.)
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit one residential building and three mixed-use buildings
Reference Number: 21 211444 WET 07 OZ
Property Address: 15, 19, 21 & 23 Toryork Drive
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-22-003049
OLT Lead Case No.: OLT-22-003048
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Titan Developments (2217500 Ontario Ltd.)
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit one residential building and three mixed-use buildings
Reference Number: 21 211444 WET 07 OZ
Property Address: 15, 19, 21 & 23 Toryork Drive
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-22-003050
OLT Lead Case No.: OLT-22-003048
PROCEDURAL ORDER
The Tribunal Orders that:
- The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties’ request or its own motion.
Organization of the Hearing
- The video hearing will begin on Monday, July 24 2023 commencing at 10 a.m. with the following link:
GoTo Meeting: https://global.gotomeeting.com/join/687587165
Audio-only telephone line: Toll-Free 1-888-299-1889 or +1 (647) 497-9373
Access Code: 687-587-165
The parties’ initial estimation for the length of the hearing is 14 days. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.
The parties and participants identified at the case management conference are set out in Attachment 2 (see the sample procedural order for the meaning of these terms).
The issues are set out in the Issues List attached as Attachment 3. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.
The order of evidence shall be as set out in Attachment 4 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.
Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.
Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website.
Requirements Before the Hearing
If the applicant intends to seek approval of a revised proposal at the hearing, the applicant shall provide copies of the revised proposal, including all revised plans, drawings, proposed instruments, updated supporting documents and reports, to the other Parties at least one hundred and twenty (120) days before Expert Witness Statements are to be filed in accordance with paragraph 14 (on or before Wednesday, January 25, 2023), unless otherwise agreed to by the Parties. The applicant acknowledges that any revisions to the proposal after that date without the consent of the Parties may be grounds for the Tribunal to adjourn the hearing.
A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of the witnesses and the order in which they will be called. This list must be delivered on or before Friday, March 24, 2023 (one hundred and twenty (120) days prior to the scheduled commencement of the hearing) and in accordance with paragraph 23 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae, the witness's Acknowledgment of Expert's Duty Form, and the area of expertise in which the witness is prepared to be qualified. Any challenges to the qualifications of a witness to give opinion evidence in the area of expertise proposed shall be made by motion in accordance with the Tribunal’s Rules and notice of same must be served on the other Parties on or before Friday, April 14, 2023 (100 days before the hearing is scheduled to commence).
Expert witnesses in the same field may have a meeting on or before Thursday, April 25, 2023 (ninety (90) days prior to the hearing) and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting, the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before Friday, May 5, 2023 (eighty (80) days prior to the scheduled commencement of the hearing), if agreement is reached.
An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 14 below. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.
Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s evidence as in paragraph 14 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 14 below.
On or before Thursday, May 25, 2023 (sixty (60) days prior to the scheduled commencement of the hearing), the parties shall provide copies of their witness and expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 23 below.
On or before Thursday, May 25, 2023 (sixty (60) days prior to the scheduled commencement of the hearing), a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 23 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.
On or before Monday, June 19, 2023 (thirty-five (35) days prior to the scheduled commencement of the hearing) the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
On or before Friday, June 23, 2023 (thirty (30) days prior to the scheduled commencement of the hearing), the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 23 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.
Parties may provide to all other parties and the OLT Case Coordinator a written response to any written evidence, in accordance with paragraph 23 below, within fifteen (15) days after the evidence is received in accordance with paragraph 14 above.
The parties shall cooperate to prepare a joint document book which shall be shared with the OLT Case Coordinator on or before Tuesday, July 4, 2023 (twenty (20) days prior to the scheduled commencement of the hearing).
A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.
A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.
The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before Tuesday, July 4, 2023 (twenty (20) days prior to the scheduled commencement of the hearing) with a proposed schedule for the hearing that identifies, at a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.
All filings shall be submitted electronically and in hard copy. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7.
No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.
The Tribunal may conduct mediation on consent of all Parties, on consent of those Parties who wish to participate in mediation, or if the Tribunal sees fit.
The purpose of this Procedural Order and the meaning of the terms used in this Procedural Order are set out in Attachment 5.
This Member is not seized.
So orders the Tribunal.
ATTACHMENT 1
Summary of dates
| DATE | EVENT |
|---|---|
| Wednesday January 25, 2023 (120 days before exchange of expert witness statements) | Last date to provide copies of revised proposal, including all revised plans and drawings (if any) |
| Friday March 24, 2023 (120 days prior to hearing) | Exchange of witness lists (including Curriculum Vitae, Acknowledgment of Expert's Duty Form, and the area of expertise in which the witness is prepared to be qualified) |
| Friday April 14, 2023 (100 days prior to hearing) | Challenges to qualifications of witnesses, if any |
| Tuesday April 25, 2023 (90 days prior to hearing) | Expert witness meeting prior to this date, if any |
| Friday May 5, 2023 (80 days prior to hearing) | Exchange agreed statement of facts, if agreement is reached |
| Thursday May 25, 2023 (60 days before hearing) | Exchange of witness statements and expert witness statements; and Exchange of participant statements |
| Monday June 19, 2023 (35 days prior to hearing) | Confirm that all reserved hearing dates are still required |
| Friday June 23, 2023 (30 days prior to hearing) | Exchange of visual evidence, if any |
| Tuesday July 4, 2023 (20 days prior to hearing) | Finalize and file joint document book; and File hearing plan with the Tribunal |
| Friday June 9, 2023 (15 days after exchange of witness statements and expert witness statements) | Exchange of written response to written evidence |
| Monday July 24, 2023 | Hearing commences |
ATTACHMENT 2
list of parties AND PARTICIPANTS
| PARTIES | COUNSEL |
|---|
- Titan Developments (2217500 Ontario Ltd.) | Aird & Berlis LLP
Brookfield Place
181 Bay Street, Suite 1800
Toronto, ON M5J 2T9
Sidonia J. Tomasella
Email: stomasella@airdberlis.com
Tel: (416) 865-7763 - City of Toronto | City of Toronto Legal Services
Metro Hall
55 John Street, 26th Floor
Toronto, ON M5V 3C6
Nathan Muscat
Email: nathan.muscat@toronto.ca
Tel: (416) 397-5475
Jamie Dexter
Email: jamie.dexter@toronto.ca
Tel: (416) 394-2799
| PARTICIPANTS | REPRESENTATIVE |
|---|
- Humber Summit Residents’ Association | Grant Evers, President
Email: grantevers1913@gmail.com
Tel: (647) 528-2974
ATTACHMENT 3
ISSUES LIST
NOTE: The identification of an issue on the Issues List does not constitute an acknowledgement by the OLT or any party that such issue, or the manner in which the issue is expressed, is either appropriate or relevant to the determination of the OLT at the hearing. The extent to which these issues are appropriate or relevant to the determination of the OLT at the hearing will be a matter of evidence and argument at the hearing. The identification of an issue on this list by a party indicates that party’s intent to lead evidence or argue that the issue is relevant to the proceeding, for the purpose of fairly identifying to the other parties the case they need to meet and shall not be construed as the OLT having jurisdiction over such matters in each circumstance. Accordingly, no party shall advance an issue not identified on the Issues List without leave of the OLT.
A. City of Toronto
Issue 1 – Land Use Compatibility. Is the proposed development compatible with adjacent Employment Areas and representative of good planning? In particular:
a. Is the proposal consistent with Policies 1.3.1(b) of the Provincial Policy Statement, 2020 by protecting adjacent Employment Areas through appropriate separation and mitigation?
b. Is the proposal consistent with Policy 1.2.6.1 of the Provincial Policy Statement, 2020 by providing adequate separation and protection for the newly proposed residential uses from adjacent employment-related facilities?
c. Does the proposal conform with Policy 2.2.5 of A Place to Grow: Growth Plan for the Greater Golden Horseshoe by minimizing and mitigating adverse impacts on Provincially Significant Employment Zones?
d. Does the proposal conform with Policy 2.2.4 of the Official Plan regarding appropriate separation from Employment Areas?
Issue 2 – Density. Is the proposed development's Floor Space Index of 6.18 times the area of the lot appropriate for the site and representative of good planning? In particular, is the proposed density consistent with the intent of the Emery Village Secondary Plan?
Issue 3 – Block Context Plan and Site Layout. Does the proposed development fit within the existing and planned context and is the block and site layout appropriate? In particular:
a. Is the delineation of the development blocks, as well as the street, park, and open space locations appropriate and representative of good planning and urban design?
b. Is the site organized in a way that conforms with Official Plan Policies 2.3.1 (Healthy Neighbourhoods), 3.1.1 (Public Realm), 3.1.2 and 3.1.3 (Built Form), 3.2.3 (Parks and Open Space Areas), and 4.5 (Mixed Use Areas)?
c. Is the site organized in a way that conforms with the Emery Village Secondary Plan?
d. Is the site organized in a way that has appropriate regard for the City of Toronto Tall Building Design Guidelines?
Issue 4 – Height. Is the proposed development's height appropriate for the site and representative of good planning and urban design? In particular:
a. Does the proposed height conform with Official Plan Policies 2.3.1 (Healthy Neighbourhoods), 3.1.2 and 3.1.3 (Built Form), and 4.5 (Mixed Use Areas)?
b. Is the proposed height consistent with the intent of the Emery Village Secondary Plan?
c. Does the proposed height have appropriate regard for the City of Toronto Tall Building Design Guidelines?
Issue 5 – Massing. Is the proposed development's massing, including setbacks, stepbacks, scale, separation distances, streetwall height, density, and design, appropriate for the site and representative of good planning and urban design? In particular:
d. Does the proposed massing conform with Official Plan Policies 2.3.1 (Healthy Neighbourhoods), 3.1.1 (Public Realm), 3.1.2 and 3.1.3 (Built Form), and 4.5 (Mixed Use Areas)?
e. Does the proposed massing conform with the Emery Village Secondary Plan?
f. Does the proposed massing have appropriate regard for the City of Toronto Tall Building Design Guidelines?
Issue 6 – Streetscape & Public Realm. Is the proposed development's relationship with the public realm and resulting streetscape appropriate for the site and representative of good planning and urban design? In particular:
g. Does the proposed relationship to the public realm conform with the Official Plan Policies 3.1.1 (Public Realm), 3.1.2 and 3.1.3 (Built Form), and 4.5 (Mixed Use Areas)?
h. Does the proposed relationship to the public realm conform with the Emery Village Secondary Plan?
i. Does the proposed relationship to the public realm have appropriate regard for the City of Toronto Tall Building Design Guidelines?
j. Does the proposed Privately-Owned Publicly Accessible Space (POPS) have appropriate regard for the City of Toronto POPS Guidelines, including with respect to size, location, and configuration?
k. Do the proposed development's retail uses have appropriate regard for the Retail Design Manual?
Issue 7 – Shadow Impacts. Does the proposed development limit shadow impacts on the surrounding public realm, open spaces, outdoor amenities, and the proposed public park on-site, and are the shadow impacts representative of good planning and urban design? In particular:
l. Do the shadow impacts associated with the proposal conform with Official Plan Policies 3.1.1 (Public Realm), 3.1.2 and 3.1.3 (Built Form), 3.2.3 (Parks and Open spaces), and 4.5 (Mixed Use Areas)?
m. Do the shadow impacts associated with the proposal conform with the Emery Village Secondary Plan?
n. Do the shadow impacts associated with the proposal have appropriate regard for the City of Toronto Tall Building Design Guidelines?
Issue 8 – Wind Impacts. Does the proposed development limit and mitigate pedestrian level wind impacts and provide pedestrian level wind conditions in the public realm, open spaces and outdoor amenity areas that are comfortable and serve the intended use? In particular:
o. Do the wind impacts associated with the proposal conform with Official Plan Policies 3.1.1 (Public Realm), 3.1.2 and 3.1.3 (Built Form), 3.2.3 (Parks and Open spaces), and 4.5 (Mixed Use Areas)?
p. Do the wind impacts associated with the proposal conform with the Emery Village Secondary Plan?
q. Do the wind impacts associated with the proposal have appropriate regard for the City of Toronto Tall Building Design Guidelines?
Issue 9 – Housing. Does the proposed development provide an appropriate mix of residential dwelling types, including mix, size, tenure, and affordability? In particular:
a. Does the proposed mix of dwelling types conform with Official Plan Policy 3.2.1 (Housing)?
b. Does the proposed mix of dwelling types have appropriate regard for the City of Toronto Growing Up Guidelines?
Issues 10 – Residential Amenity Space. Does the proposed development provide an adequate amount of indoor and outdoor amenity space, and are the proposed spaces well-designed? In particular:
a. Do the proposed amenity spaces conform with Official Plan Policies 3.1.1 (Public Realm) and 3.1.2 (Built Form)?
b. Do the proposed amenity spaces have appropriate regard for the City of Toronto Growing Up Guidelines?
c. Do the proposed amenity spaces have appropriate regard for the City of Toronto Pet Friendly Guidelines?
Issue 11 – Parkland Dedication. Does the proposed on-site parkland dedication meet the City's requirements in terms of size, location, and configuration?
Issue 12 – Traffic Impact. Does the proposed development result in acceptable traffic conditions?
Issue 13 – Road Widening. Does the proposed development provide the required road widening for the planned Emery Road 2A?
Issue 14 – Servicing. Are adequate municipal services in place to support the proposed development, including but not limited to the availability of adequate sanitary sewage capacity and the implementation of appropriate stormwater management measures and groundwater management measures?
Issue 15 – Parking and Loading. Are adequate vehicle parking and loading facilities in place to support the proposed development?
Issue 16 – Community Benefits. Have appropriate community benefits been secured in a form consistent with all relevant Provincial Policies and City by-laws in effect at the time?
Issue 17 – Implementation. In the event the proposed development is approved in whole or in part, should the Tribunal Order be withheld until the City Solicitor has indicated that conditions addressing the following issues have been satisfied?
a. That parkland dedication has occurred pursuant to Section 42 of the Planning Act, including conveyance and construction to Base Park Condition at no cost to the City, all to the satisfaction of the General Manager, Parks, Forestry and Recreation?
b. That a development charge credit against the Parks and Recreation component of the Development Charges is secured for the design and construction by the owner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation?
c. That the final form and content of the Official Plan Amendment is satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor?
d. That the final form and content of the Zoning By-law Amendments are satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor?
e. That the owner has provided a revised Functional Servicing Report, a revised Stormwater Management Report, a revised Hydrological Report, and a revised Geotechnical Study, such reports to be reviewed to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services? Additionally, that the owner has entered into and registered a financially secured agreement satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services, to construct, provide, make operational, and warrant any necessary upgrades to existing services and facilities or new services and facilities?
f. That the owner has provided a revised Transportation Impact Study, to be reviewed to the satisfaction of the General Manager, Transportation Services?
g. That the owner has made satisfactory arrangements with the City and has entered into the appropriate agreements for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support the development, according to the accepted Functional Servicing Report, Stormwater Management Report, Hydrological Report, Geotechnical Report, and Transportation Impact Study accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services?
h. That the owner has provided a revised Pedestrian Wind Study, to be reviewed with recommendations implemented as part of the Zoning By-laws and/or secured in a development agreement, to the satisfaction of the Chief Planner and Executive Director, City Planning?
i. That the owner has provided a revised Land Use Compatibility Study, Noise Impact Study, and Vibration Study, such reports to be peer-reviewed by a third-party consultant on behalf of the City and at the owner's expense, with recommendations to be implemented as part of the amending Zoning By-laws and/or secured in a development agreement, to the satisfaction of the Chief Planner and Executive Director, City Planning?
j. That the owner has provided a revised Tree Preservation Plan and a revised Landscape Concept Plan to the satisfaction of the General Manager of Parks, Forestry and Recreation?
k. That appropriate community benefits have been secured in a form consistent with all relevant Provincial Policies and City by-laws in effect at the time, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor?
l. That the owner shall construct and maintain the development in accordance with Tier 1 performance measures of the Toronto Green Standard to the satisfaction of the Chief Planner and Executive Director, City Planning? And that the owner will be encouraged to achieve Tier 2, Toronto Green Standard, or higher, where appropriate, and consistent with the performance standards of the Toronto Green Standard applicable at the time?
m. That the owner shall satisfy applicable signage requirements of the Toronto District School Board and the Toronto Catholic District School Board and shall insert warning clauses in purchase and sale/tenancy agreements as required in connection with student accommodation?
n. That the applicant has addressed the technical requirements of the development including, among others, the construction of streets and services, tree protection, tree planting and grading as determined by the Chief Planner and Executive Director, City Planning?
ATTACHMENT 4
ORDER OF EVIDENCE
- Titan Developments (2217500 Ontario Ltd.)
- City of Toronto
- Titan Developments (2217500 Ontario Ltd.) (in reply, if necessary)
ATTACHMENT 5
Purpose of the Procedural Order and Meaning of Terms
A party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other parties, and making submissions on all of the evidence. An unincorporated group cannot be a party and it must appoint one person to speak for it, and that person must accept the other responsibilities of a party as set out in the Order. Parties do not have to be represented by a lawyer and may have an agent speak for them. The agent must have written authorisation from the party.
NOTE that a person who wishes to become a party before or at the hearing, and who did not request this at the case management conference (CMC), must ask the Tribunal to permit this.
A participant is an individual or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a party may do so). Section 17 of the Ontario Land Tribunal Act states that a person who is not a party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A participant may also be asked questions by the parties should the Tribunal direct a participant to attend a hearing to answer questions on the content of their written submission.
A participant must be identified and be accorded participant status by the Tribunal at the CMC. A participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A participant cannot ask for costs, or review of a decision, as a participant does not have the rights of a party to make such requests of the Tribunal.
Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party or participant intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.
Visual evidence includes photographs, maps, videos, models, and overlays which a party or participant intends to present as evidence at the hearing.
A witness statement is a short written outline of the person’s background, experience and interest in the matter; a list of the issues which he or she will discuss ; and a list of reports or materials that the witness will rely on at the hearing.
An expert witness statement should include his or her (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness’ opinions on those issues and the complete reasons supporting their opinions and conclusions and (5) a list of reports or materials that the witness will rely on at the hearing. An expert witness statement must be accompanied by an acknowledgement of expert’s duty.
A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a statement of the participant’s position on the appeal; a list of the issues which the participant wishes to address and the submissions of the participant on those issues; and a list of reports or materials, if any, which the participant wishes to refer to in their statement.
Additional Information
A summons may compel the appearance of a person before the Tribunal who has not agreed to appear as a witness. A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons through a request. (See Rule 13 on the summons procedure.) The request should indicate how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the information provided in the request that the evidence is relevant, necessary or admissible, the party requesting the summons may provide a further request with more detail or bring a motion in accordance with the Rules.
The order of examination of witnesses is usually direct examination, cross-examination and re-examination in the following way:
- direct examination by the party presenting the witness;
- direct examination by any party of similar interest, in the manner determined by the Tribunal;
- cross-examination by parties of opposite interest;
- re-examination by the party presenting the witness; or
- another order of examination mutually agreed among the parties or directed by the Tribunal.