Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 07, 2022
CASE NO(S).: OLT-22-003758
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: GF 580 The East Mall Ltd.
Subject: Application to amend the Zoning By-law - Neglect of the City of Toronto to make a decision
Description: To permit the redevelopment of the western portion of the Property for a 26-storey rental apartment building
Reference Number: 21 196655 WET 02 OZ
Property Address: 580 The East Mall
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-22-003758
OLT Lead Case No.: OLT-22-003758
OLT Case Name: GF 580 The East Mall Ltd. v. Toronto (City)
Heard: August 18, 2022 by Video Hearing
APPEARANCES:
Parties
Counsel
GF 580 The East Mall Ltd.
David Bronskill
City of Toronto
Roman Ivanov
Uttra Gautam
MEMORANDUM OF ORAL DECISION DELIVERED BY BRYAN W. TUCKEY ON AUGUST 18, 2022 AND ORDER OF THE TRIBUNAL
1The Tribunal convened the first Case Management Conference (“CMC”) for the above noted matter. GF 580 The East Mall Ltd.(“Applicant”) has filed an appeal against the City of Toronto (“City”) for failing to make a decision for a Zoning By-law Amendment (“ZBA”) pursuant to s. 34(11) of the Planning Act. The property is known municipally as 580 The East Mall, in the City of Toronto (“subject property”).
2The effect of the ZBA is to permit a new rental apartment building on the western portion of the subject property. The existing 16-storey rental apartment building will be retained on the subject property.
3The Affidavit of Service sworn July 22, 2022, is marked as Exhibit 1. No further notice is required.
4There are no additional requests for Party status with respect to this matter. There is one request for Participant status from Valentyna Pasternack who is granted Participant status with consent of all the Parties. Ms. Pasternak did not attend this CMC.
5The Tribunal also had the benefit of the attendance of Alessia Kazakova at this proceeding. Ms. Kazakova is not a registered participant but lives in the area and expressed her issues to the Tribunal. All Parties agreed that it is appropriate for Ms. Kazakova to be a participant in this matter. Mr. Bronskill, Counsel for the Applicant, committed to assist Ms. Kazakova and she will submit a formal participant status request form and an outline of her issues to the Tribunal’s Case Coordinator as early as possible. Her status as a participant may be confirmed at a future CMC as required.
6Mr. Bronskill provided background information with respect to the application for the benefit of the Tribunal, Parties and Participants present. The Applicant is seeking a ZBA for a new 26-storey rental residential building containing 253 dwelling units. The proposed building would be located to the west of an existing 16-storey residential building containing 128 dwelling units, which are to be retained on the subject property.
7Mr. Bronskill noted that the City and his client have had considerable discussion with respect to a Procedural Order (“PO”) and Issues List. The draft PO was submitted to the Tribunal on August 17, 2022. The Tribunal has reviewed the draft procedural order and finds it satisfactory subject to further review, refinement and any changes that may result from a directions’ report to be presented to City Council in early 2023.
8Mr. Ivanov, Counsel for the City, confirmed that the PO is sufficiently detailed to present to City Council at the first available meeting of the new Council and is content with the Issues List as presented.
9The Parties requested the following:
a second CMC is to be scheduled at the end of February 2023. The purpose of this CMC is to review and finalize the draft PO and issues list, confirm the number of hearing days requested and should a resolution be reached with all Parties, this CMC could be converted to a settlement hearing; and,
that a five-day merits hearing be scheduled.
10The Parties were made aware of the availability of Tribunal-led mediation. Parties are of the opinion it is too early in the process but understand they may request this mediation at their convenience.
TRIBUNAL DISPOSITION
11The Tribunal is prepared to schedule a full day CMC commencing on Tuesday, February 28, 2023 at 10 a.m.
12Given the mature status of the draft PO, the Tribunal is comfortable to schedule a merits hearing commencing on Monday, May 8 to Friday, May 12, 2023, at 10 a.m. for five (5) days.
13Mr. Bronskill will submit to the Tribunal’s Case Coordinator a revised draft PO no later than Friday, January 13, 2023 for review and approval of the Tribunal at the February CMC.
CASE MANAGEMENT CONFERENCE AND MERITS HEARING TECHNICAL DETAILS
14A full day CMC will convene on Tuesday February 28, 2023, by video hearing at 10 a.m.
15A five-day merits hearing will convene on Monday, May 8to Friday, May 12, 2023, by video hearing at 10 a.m.
16Both events are assigned to the same GoToMeeting coordinates and access code as follows.
17Parties 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:
GoTo Meeting: https://global.gotomeeting.com/join/660-145-013 Access code: 660-145-013
18Parties 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
19Persons 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 660-145-013.
20Individuals 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
21Accordingly, the Tribunal Orders:
A full-day Case Management Conference is to convene on Tuesday, February 28, 2023; and,
a five-day Merits hearing is to convene on Monday, May 8, 2023.
22No further notice will be given.
23The Member is not seized.
“Bryan W. Tuckey”
BRYAN W. TUCKEY
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.