Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 12, 2022
CASE NO(S).: OLT-22-003656
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Raglan Development Corp.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: to permit a 24 storey, 170-unit residential development
Reference Number: 21 232980 STE 12 OZ
Property Address: 5-15 Raglan Avenue
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-22-003656
OLT Lead Case No: OLT-22-003656
OLT Case Name: Raglan Development Corp. v. Toronto (City.)
PROCEEDING COMMENCED UNDER section 114(15) of the City of Toronto Act, R.S.O. 2006, c. 11, as amended.
Subject: Site Plan
Description: To permit a 24 storey, 170-unit residential development
Reference Number: 21 232984 STE 12 SA
Property Address: 5-15 Raglan Avenue
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-22-003657
OLT Lead Case No: OLT-22-003656
Heard: September 2, 2022 by video hearing
APPEARANCES:
Parties
Counsel
Raglan Development Corporation
Jason Park
City of Toronto
Gabe Szobel
MEMORANDUM OF ORAL DECISION DELIVERED BY T. PREVEDEL ON SEPTEMBER 2, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The matter before the Tribunal is an appeal by Raglan Development Corporation (the “Appellant”) pursuant to subsections 34(11) of the Planning Act and 114(15) of the City of Toronto 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 and Site Plan Application within the prescribed statutory framework.
2The application proposes a 24-storey residential building at 5-15 Raglan Avenue.
3This 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
4The Tribunal received two requests for Participant Status, one from the “Barrington Condominium” (TSCC #2787) and the second from St. Alphonsus Parish.
5The Barrington Condominium is an 18-storey building situated immediately to the east of the subject site, located at 1486 Bathurst Street. They have expressed concerns with the potential for increased traffic congestion on Albert Wiggan Lane, as well as the potential impact the proposal will have on local resources and the quality of life of their unit owners, residents and others living in the neighbourhood. Such concerns also include availability of parking, set back requirements, steps to mitigate wind tunnel effects, availability of adequate municipal services, and the importance of providing open spaces such as parks and play areas.
6St. Alphonsus Parish is located at 540 St. Clair Avenue West, approximately 120 metres from the proposed development. They wish to understand the potential effects of intensification in the neighbourhood and, with the addition of many new buildings in recent years, how this proposal will affect the residential area around the Parish.
7The Tribunal considered the two requests for Participant Status. Given the proximity of the two requests to the proposed development, and the legitimate concerns expressed by both entities, the Tribunal granted Participant Status to both entities on consent of the Parties.
Tribunal Led Mediation
8The Tribunal asked the Parties if there was an interest in pursuing Tribunal-led mediation.
9Mr. Park advised the Tribunal that he and Mr. Szobel have been in discussions and will be formally requesting Tribunal-led mediation.
Procedural Order and Issues List
10The Tribunal received a draft Procedural Order and Issues List in advance of the CMC.
11The Parties have requested the Tribunal to schedule a seven (7)-day Hearing, based on the number of expected witnesses to be called, subject to the results of the mediation.
Scheduling of the Hearing of the Merits
12A seven-day Hearing has been scheduled commencing on Monday, April 3, 2023 at 10 a.m. by video conference.
13Parties 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://meet.goto.com/519389173
Access Code: 519-389-173
14Parties 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.
15Persons 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 519-389-173.
16Individuals 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
17The Hearing is scheduled to proceed by video conference on Monday, April 3, 2023 at 10 a.m.
18The Parties have submitted a final Procedural Order and Issues List attached as Schedule 1 to this Decision, and as such it is in full force and effect.
19Should a settlement be reached through mediation, the Case Co-Ordinator should be advised in advance of the Hearing.
20The Member is not seized, however, may assist with case management, schedules permitting.
21No 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.
Ontario Land Tribunal
655 Bay Street, Suite 1500 Toronto ON M5G 1E5 Telephone: (416) 212-6349 Toll Free: 1-866-448-2248 Website: olt.gov.on.ca
Tribunal ontarien de
l’aménagement du territoire
655 rue Bay, suite 1500 Toronto ON M5G 1E5 Téléphone: (416) 212-6349 Sans Frais: 1-866-448-2248 Site Web: olt.gov.on.ca
SCHEDULE 1
ISSUE DATE: September 12, 2022 CASE NO(S).: OLT-22-003656
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Raglan Development Corp.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: to permit a 24 storey, 170-unit residential development
Reference Number: 21 232980 STE 12 OZ
Property Address: 5-15 Raglan Avenue
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-22-003656
OLT Lead Case No: OLT-22-003656
OLT Case Name: Raglan Development Corp. v. Toronto (City.)
PROCEEDING COMMENCED UNDER section 41(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Subject: Site Plan
Description: to permit a 24 storey, 170-unit residential development
Reference Number: 21 232984 STE 12 SA
Property Address: 5-15 Raglan Avenue
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-22-003657
OLT Lead Case No: OLT-22-003656
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 hearing is scheduled to proceed by video as follows:
Date: Monday, April 3, 2023 at 10:00 a.m.
GoTo Meeting: https://meet.goto.com/519389173
Access Code: 519-389-173
Audio only telephone line: (Toll Free): 1 888 455-1389 or +1 (647) 497-9373.
Audio-only access code:
The parties’ initial estimation for the length of the hearing is 7 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 procedural order deadlines are generally found in Attachment “1” to this Order.
The parties and participants identified at the Case Management Conference are listed in Attachment “2” to this Order.
The Issues are set out in the Issues List attached as Attachment “3” to this Order. 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” hereto. 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
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 Monday, November 14, 2022, and in accordance with paragraph 22 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified. Any challenges to the witness, including 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 Monday, December 5, 2022.
Expert witnesses in the same field shall have a meeting on or before Monday, January 23, 2023, 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 coordinator on or before Friday, March 17, 2023.
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 13 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 13 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 13 below.
On or before Friday, February 17, 2023, the parties shall provide copies of their witness and expert witness statements to the other parties and to the OLT case coordinator and in accordance with paragraph 22 below.
On or before Friday, February 17, 2023, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 22 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, February 27, 2023, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
On or before Monday, March 13, 2023, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 22 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 on or before Monday, February 27, 2023, and in accordance with paragraph 22 below.
The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case coordinator on or before Friday, March 24, 2023.
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 on or before Monday, March 27, 2023 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 Monday, March 27, 2023 with a proposed schedule for the hearing that identifies, as 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.
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 on or before Friday, November 18, 2022. The applicant acknowledges that any revisions to the proposal after that date without the consent of the parties may be grounds for a request to adjourn the hearing.
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.
This Member is [not] seized.
So orders the Tribunal.
BEFORE:
Name of Member:
Date:
____________________________
TRIBUNAL REGISTRAR
ATTACHMENT “1”
SUMMARY OF KEY DATES
Date
Hearing Event
Monday, November 14, 2022
Exchange of List of Witnesses and the order in which they will be called – para. 9
Friday, November 18, 2022
Filing of revised proposal, including all revised plans, drawings, proposed instruments, updated supporting documents and reports (if required) – para. 23
Monday, December 5, 2022
Notice of Motion (if required) to challenge witness(es) – para. 9
Monday, January 23, 2023
Expert Witness Meeting – para. 10
Friday, March 17, 2023
Filing of Statement(s) of Agreed Facts and Issues – para. 10
Friday, February 17, 2023
Exchange of Witness Statements – para. 13 Delivery of Participant Statements – para. 14
Monday, February 27, 2023
Confirmation to Tribunal if all reserved hearing dates are still required – para. 15
Monday, February 27, 2023
Exchange of Reply Evidence/Statements – para. 17
Monday, March 13, 2023
Exchange of Visual Evidence – para. 16
Friday, March 24, 2023
Filing of Joint Document Book – para. 18
Monday, March 27, 2023
Notification to Tribunal and Parties if witness not to provide oral evidence – para. 20
Monday, March 27, 2023
Filing of Hearing Plan – para. 21
Monday, April 3, 2023
Contested Hearing (if required) – para. 2
ATTACHMENT “2”
PARTIES AND PARTICIPANTS
PARTIES
RAGLAN DEVELOPMENT CORP.
Jason Park / Olivia Rasekhi
Devine Park LLP
2302 - 250 Yonge Street
Toronto, ON M5B 2L7
T: 416.645.4572 / 416.645.4532
E: jason.park@devinepark.com / olivia.rasekhi@devinepark.com
CITY OF TORONTO
Gabe Szobel Legal Services, Planning & Administrative Tribunal Law 26th fl., 55 John St.
Toronto ON M5V 3C6
T: 416.338.1889
PARTICIPANTS
Corporation for the Diocese, St Alphonsus Church
Represented by Antony Manocchio
T: 416.708.0290
TSCC 2787
Represented by Ingrid Kulik
T: 437.244.9363
ATTACHMENT “3”
ISSUES LIST
City of Toronto
- Do the tall buildings' proposed setbacks, height, massing and transition as contained in the proposed zoning by-law amendment represent good planning? In particular:
(a) Do they have appropriate regard for the Tall Building Design Guidelines?
(b) Do they conform with the following sections of the City of Toronto Official Plan:
i. Healthy Neighbourhoods (2.3.1)
ii. Public Realm (3.1.1)
iii. Built Form (3.1.2)
iv. Apartment Neighbourhoods (4.2.2)
v. Height and/or Density Incentives (5.1.1)
vi. Implementation Plans and Strategies for City-Building (5.3.2)
(c) Do they conform to OPA 479 and 480?
- Would the approval of the proposed development represent good planning with particular regard to the shadow, skyview, and privacy impacts of the proposed development on the adjacent buildings? In particular:
(a) Does it have appropriate regard for the Tall Building Design Guidelines?
(b) Does it conform with the following sections of the City of Toronto Official Plan:
i. Healthy Neighbourhoods (2.3.1)
ii. Public Realm (3.1.1)
iii. Built Form (3.1.2)
iv. Apartment Neighbourhoods (4.2.2)
v. Height and/or Density Incentives 5.1.1
vi. Implementation Plans and Strategies for City-Building (5.3.2)
(c) Does it conform to OPA 479 and 480?
- Does the proposed site organization, layout, building siting and orientation of the buildings represent good planning? In particular:
(a) Does it have appropriate regard for the Tall Building Design Guidelines?
(b) Does it conform with the following sections of the City of Toronto Official Plan:
i. Healthy Neighbourhoods (2.3.1)
ii. Public Realm (3.1.1)
iii. Built Form (3.1.2)
iv. Apartment Neighbourhoods (4.2.2)
- Does the proposed development's relationship with the public realm, streetscape and streetscape improvements represent good planning? In particular:
(a) Does it have appropriate regard for the Tall Building Design Guidelines?
(b) Does it conform with the following sections of the City of Toronto Official Plan:
i. Public Realm (3.1.1)
ii. Built Form (3.1.2)
iii. Apartment Neighbourhoods (4.2.2)
- Does the proposed development appropriately and sensitively respond to the existing and planned neighbourhood context and character, such that it represents good planning? In particular:
(a) Does it have appropriate regard for the Tall Building Design Guidelines?
(b) Does it conform with the following sections of the City of Toronto Official Plan:
i. Public Realm (3.1.1)
ii. Built Form (3.1.2)
iii. Apartment Neighbourhoods (4.2.2)
- Does the proposed development's provision and configuration of amenity space as contained in the proposed zoning by-law amendment represent good planning? In particular:
(a) Does it provide an adequate amount of indoor and outdoor amenity space?
(b) Is the configuration of proposed amenity space appropriate and represent good design?
(c) Does it conform with the following sections of the City of Toronto Official Plan:
i. Built Form (3.1.2.11 and 3.1.2.13)
ii. Apartment Neighbourhoods (4.2.2 (f) and (h))
(d) Does it have appropriate regard for the Pet Friendly Design Guidelines?
- Does the proposed development adequately preserve and protect City-owned and private trees as per Municipal Code Chapter 813 – Trees, Articles II (Trees on City Streets) and III (Private Tree Protection), Municipal Code Chapter 608 – Parks, Article VII (Trees), the Official Plan, and the Toronto Green Standards? Do the proposed tree removals represent good planning? In particular:
(a) Does it conform with the following sections of the City of Toronto Official Plan:
i. Healthy Neighbourhoods (2.3.1)
ii. Public Realm (3.1.1)
iii. Built Form (3.1.2)
iv. Apartment Neighbourhoods (4.2.2)
(b) Does it conform to OPA 479 and 480?
- Does the proposed development have appropriate regard for the Growing Up Guidelines? In particular:
(a) Does it provide an appropriate unit mix, including adequate family-sized units?
(b) Are the proposed 2 and 3-bedroom units within an appropriate size range?
Has the owner provided a revised Pedestrian Level Wind Study to the satisfaction of the Chief Planner and Executive Director, City Planning demonstrating that there are no pedestrian wind concerns?
In the event the proposed development is approved in whole or in part, what conditions would be appropriate and should the Tribunal Order be withheld until the City Solicitor has indicated that the following conditions have been satisfied:
(a) the final form of the Zoning By-law Amendments are satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor;
(b) the owner has submitted an updated Transportation Study and a Transportation Demand Management Plan to the satisfaction of the General Manager, Transportation Services;
(c) the owner has addressed all outstanding issues raised by Engineering and Construction Services as they relate to the Zoning By-law Amendment Application, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;
(d) the owner has submitted a revised Functional Servicing and Stormwater Management Report and associated financial securities, if required, for improvements to the existing municipal infrastructure satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services, and the General Manager, Toronto Water; and
(e) the Chief Planner and Executive Director, City Planning has approved the Rental Housing Demolition Application for the demolition.
ATTACHMENT “4”
ORDER OF EVIDENCE
Raglan Development Corp.
City of Toronto
Reply by Raglan Development Corp. (if any)
ATTACHMENT “5”
Attachment to Sample Procedural Order
Meaning of terms used in the Procedural Order:
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.