Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 30, 2022
CASE NO(S).: OLT-22-003516
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: C Squared Properties 160 John Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To allow a 6-storey addition to an existing 5-storey office building in Toronto
Reference Number: 18 226869 STE OZ
Property Address: 156-160 John Street
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-22-003516
OLT Case Name: C Squared Properties 160 John Inc. v. Toronto (City)
Heard: August 25, 2022 by video hearing
APPEARANCES:
Parties
C Squared Properties 160 John Inc.
Counsel
Meaghan Barrett Eileen Costello
Parties
City of Toronto
Counsel
Michael Mahoney
MEMORANDUM OF ORAL DECISION DELIVERED BY T. PREVEDEL ON AUGUST 25, 2022 AND ORDER OF THE TRIBUNAL
Introduction
1The matter before the Tribunal is an appeal by C Squared Properties 160 John Inc. (the “Appellant”) pursuant to s. 34(11) of the Planning Act with respect to the City of Toronto’s failure to make a decision on the Appellant’s proposed application for a Zoning By-law Amendment within the prescribed statutory framework.
2The existing property contains a five (5)-storey commercial office/retail building with restaurant uses at grade and 1,688 square metres (“sq m”) of office gross floor area above.
3The application proposes a six (6)-storey addition to the existing five (5)-storey office and retail building at 156-160 John Street, increasing the available on-site office space by adding 2,100 sq m to the existing 2,219 sq m of non-residential gross floor area.
4This is the first Case Management Conference (“CMC”), intended to review the draft Procedural Order and Issues List, deal with any Party or Participant requests, and schedule the Hearing of the Merits.
Party and Participant Status Requests
5The Tribunal received a request for Party Status from Karen Durbin, who is the landlord of the property at 162 John Street, which abuts the north side of the proposed development.
6Ms. Durbin told the Tribunal that her concerns with the proposed development are two-fold:
a. The issue of snow and water falling onto the adjacent property from a sloped roof with zero setbacks, and
b. The perceived impact on the development potential to her property.
7Ms. Barrett, representing the Appellant, requested Tribunal-led mediation, if at all possible, with the Tribunal’s calendar.
8She proposed that a second CMC be scheduled in late February or early March 2023 to enable the Parties to undertake a mediation process (including Ms. Durbin) to resolve any technical concerns, and that a determination of Party status for Ms. Durbin be withheld until the next CMC.
Scheduling of the next Case Management Conference
9A second Case Management Conference has been scheduled for Friday, February 24, 2023.
10Parties 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/709076365
Access Code: 709-076-365
11Parties 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.
12Persons 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): 1 888 455-1389 or +1 (647) 497-9373. The access code is 709-076-365.
13Individuals 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.
Procedural Order and Issues List
14The Tribunal directed the Parties to submit the final Procedural Order and Issues List to the Case Co-Ordinator by no later than Friday, February 17, 2023.
Order
15The next Case Management Conference is scheduled to proceed by video conference on Friday, February 24, 2023, at 10 a.m.
16The Parties are directed to submit the final Procedural Order and Issues List to the Tribunal by no later than Friday, February 17, 2023.
17The Tribunal will review Party Status for Ms. Durbin at the next Case Management Conference, subject to the results of mediation.
18The Member is not seized, however, may assist with case management, schedules permitting.
19No further notice will be given
“T. Prevedel”
T. PREVEDEL
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.