Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 18, 2022
CASE NO(S).: OLT-21-001718
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant and Appellant: Concord Adex Investment Limited
Subject: Request to amend the Official Plan - Failure of the City of Toronto to adopt the requested amendment
Existing Designation: Avenues and Mixed Used Areas
Proposed Designated: Site Specific (To be determined)
Purpose: To permit a mixed-use development with a 25-storey office tower and a 22-storey residential tower
Property Address/Description: 1181 Sheppard Avenue East
Municipality: City of Toronto
Approval Authority File No.: 19 264391NNY17 OZ
OLT Case No.: OLT-21-001718
OLT Lead Case No.: OLT-21-001718
OLT Case Name: Concord Adex Investment Limited v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant and Appellant: Concord Adex Investment Limited
Subject: Application to amend Zoning By-law No. 7625 - Refusal or neglect of the City of Toronto to make a decision
Existing Designation: General Commercial (C1)(111)(H) in the former City of North York Zoning Bylaw 7625
Proposed Designated: Site Specific (To be determined)
Purpose: To permit a mixed-use development with a 25-storey office tower and a 22-storey residential tower
Property Address/Description: 1181 Sheppard Avenue East
Municipality: City of Toronto
Approval Authority File No.: 19 264391NNY17 OZ
OLT Case No.: OLT-21-001719
OLT Lead Case No.: OLT-21-001718
Heard: August 2, 2022 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Concord Adex Investments Limited | Mark Flowers Samantha Lampert |
| City of Toronto | Sarah O’Connor |
MEMORANDUM OF ORAL DECISION DELIVERED BY T.F. NG ON AUGUST 2, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) for the above noted matter. Concord Adex Investments Limited (“Applicant”) has filed appeals against the City of Toronto’s (“City”) failure to decide on an Official Plan Amendment pursuant to s. 22(7) and a Zoning By-law Amendment pursuant to s. 34(11) of the Planning Act. The subject property is municipally known as 1181 Sheppard Avenue East, in the City.
2The application proposes to amend the Sheppard East Subway Corridor Secondary Plan Map 9-2 and the former City of North York Zoning By-law No.7652 and Zoning By-law 1094-2002, as amended by Zoning By-law 961-2009, to permit a mixed use development comprising a 25-storey tower office space and a 22-storey residential tower connected by a shared 5-storey base building for retail. The proposal has been revised in April 2021.
3The Affidavit of Service sworn July 29, 2022, was marked as Exhibit 1.
Party Status Request
4There were no requests for party or participant status. However, Peter Lawson, on the board of 2756 Old Leslie Street (Condominium) turned up to observe after receipt of notification from its property management. The Tribunal informed him that the condominium could file and request status at the next CMC.
5There was some back and forth on whether Metrolinx, a party apparently with some interests in the matter, is going to apply for status or whether Metrolinx had received notice. Mr. Flowers and Ms. Lampert explained that GO agencies have been served and Metrolinx could well have been served. Ms. O’Connor could not be certain on Metrolinx’s interest in the status matter. The Tribunal will leave the issue of Metrolinx to the next CMC. Insofar as this CMC is concerned, there is no status request received by the Tribunal.
6Mr. Flowers, advised the Tribunal that his client will be submitting a revised application to the City which he said will address the concerns of City staff raised on the review prior to this CMC. Staff has recommended the City to oppose the existing applications.
7The Applicant has filed a draft procedural order that was circulated to the City and expressed that the City has not provided an issues list. Counsel stated that it would be better to finalize this draft procedural order once the City’s staff had reviewed the proposed revisions to be submitted in August 2022. Counsel agreed that given the approaching Municipal Elections, another CMC in February 2023 will enable parties to have time to work on the issues for finalization. The revised Procedural Order is available on the Tribunal’s website.
8Counsel jointly requested a second CMC for a status report and a two week hearing date in the fall of 2023, for the matter.
Mediation
9There are no plans for a third party or Tribunal led mediation as it is premature to do so before the City has had an opportunity to review the revised application submissions. The application’s revisions will permit the City and the Applicant to hopefully make progress towards a resolution.
DISPOSITION
10The Tribunal will schedule February 13, 2023 for a status CMC. Parties will update the Tribunal on the status of discussions and finalize the Procedural Order at the CMC.
11The Tribunal directs that the Parties submit a Procedural Order with the deadlines filled in and an Issues List to the Case Coordinator two weeks before the CMC.
12A nine-day hearing is fixed from October 2, 2023 to October 13, 2023.
HEARING DETAILS
13A CMC is scheduled to commence on Monday, February 13, 2023, by video hearing at 10 a.m. as follows:
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
14A nine day hearing is fixed to commence at 10 a.m. from Monday, October 2, 2023 to Friday, October 13, 2023 by video hearing.
GoTo Meeting: https://global.gotomeeting.com/join/519389173
Audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1(888) 299-1889
Access code: 519-389-173
15Parties 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:
16Parties 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
17Persons 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.
18Individuals 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.
ORDER
19The Tribunal Orders that:
a. a Case Management Conference will commence at 10 a.m. by video hearing on Monday, February 13, 2023.
b. the Parties shall forward a Procedural Order with the Issues List to the Case Coordinator at least two weeks before the scheduled CMC.
c. the Parties shall report on the status of the appeals and finalize the Procedural Order at the CMC.
d. a nine day hearing will commence at 10 a.m. by video hearing from Monday, October 2, 2023 to Friday, October 13, 2023.
20No further notice will be given.
21The 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.