Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 23, 2022
CASE NO(S).: OLT-21-001844
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, C. P. 13, as amended
Appellant: Double Z Investments Limited
Appellant: Freed Grand Park Development Inc.
Appellant: Policy Investment Ltd.
Appellant: Greenwin Holdings Inc., et al
Subject: Proposed Official Plan Amendment No. 558
Municipality: City of Toronto
OLT Lead Case No.: OLT-21-001844
OLT Case No.: OLT-21-001844
Case Name: Double Z Investments Limited v. Toronto (City)
Heard: September 13, 2022, by video hearing
APPEARANCES:
Parties
Counsel*/Representative
City of Toronto
Amanda Hill*
221 Sterling Road Holdings Inc.
Natalie Ast* Daniel Artenosi* (in absentia)
1386073 Ontario Inc
Natalie Ast* Daniel Artenosi* (in absentia)
Double Z Investments Limited
Natalie Ast* Daniel Artenosi* (in absentia)
Minto (Mimico) Inc.
Natalie Ast* Daniel Artenosi* (in absentia)
Ont GTA Properties Inc.
Natalie Ast* Daniel Artenosi* (in absentia)
Policy Investment Limited
Natalie Ast* Daniel Artenosi* (in absentia)
Greenway Holdings Inc. and Knox Presbyterian Church
Jason Park*
Habitat for Humanity – Greater Toronto Area St. Clare’s Multifaith Housing Society Community Affordable Housing Solutions
Rodney Gill* David Bronskill* (in absentia)
Build a Better Bloor Dufferin
Hannah Fleisher
Neighbourhood Pods TO (provisional status)
Walied Khogali Ali
MEMORANDUM OF ORAL DECISION DELIVERED BY BRYAN W. TUCKEY ON SEPTEMBER 13, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal convened the first Case Management Conference (“CMC”) for the above noted matter. 221 Sterling Road Holdings Inc, 1386073 Ontario Inc., Double Z Investments Limited, Minto (Mimico) Inc., Ont GTA Properties Inc. Policy Investment Limited and Greenwin Holdings Inc. and Knox Presbyterian Church (“Appellants”) have filed appeals against the City of Toronto’s adoption of Official Plan Amendment No. 558 (“OPA 558”) pursuant to s. 17(24) of the Planning Act (“Act”).
2The effect of OPA 558 is to introduce new definitions for and Affordable Housing criteria on a City-wide basis. The definitions of affordable rental housing and affordable rents, affordable ownership housing, and mid range rents are found in section 3.2.1 of the City’s Official Plan.
3The Affidavit of Service sworn August 11, 2022, is marked as Exhibit 1. No further notice is required.
4Ms. Ast advised the Tribunal that Minto (Mimico) Inc. has purchased the property from the previous Appellant Freed Grand Park Development inc. and will assume its appeals rights with the consent of the City and the other Appellants.
5There are requests for Party status pursuant to Rule 8.3 – Non-Appellant Parties of the Ontario Land Tribunal – Rules of Practice and Procedures (“Rules”). All entities requesting this status are made aware of the requirements of Rule 8.3 that they “may not raise or introduce a new issue in the proceeding…may only participate in these appeals of municipal decisions by sheltering under an issue in an appeal by an Appellant party and may participate fully in the proceedings to the extent that the issue remains in dispute”. The Tribunal’s conclusions with respect to the Party requests are as follows:
a. Habitat for Humanity – Greater Toronto Area, St. Clare’s Multifaith Housing Society, and Community Affordable Housing Solutions all of which are registered non-profit associations with an interest in the matters before the Tribunal. The Tribunal grants Non-Appellant Party status with consent of the City and Appellants.
b. Build a Better Bloor Dufferin – a registered non-profit association with interest in the matters before the Tribunal. The Tribunal grants Non-Appellant Party status with consent of the City and Appellants.
c. Neighbourhood Pods TO – is a network of advocacy organizations that have a direct interest in the matters before the Tribunal but is not a non-profit or registered ratepayer group. The representative at the CMC Walied Khogali Ali is prepared to determine his exact status at the next CMC either by aligning with a non-profit or registered ratepayer group or as an individual. Mr. Khogali Ali is made aware of the roles and responsibilities of a party pursuant to Rule 8.1. The Tribunal grants provisional Non-Appellant Party status with consent of the City and Appellants. This status will be confirmed at the next CMC.
6The Tribunal has six participant requests as follows:
a. ACORN – represented by Gordon Bryant
b. Marie Soto
c. Friends of Kensington Market - represented by Serena Purdy
d. Parkdale Activity Recreation Centre - represented by Mercedes Sharpe-Zayas and Angela Koh
e. Mimico Estates Tenants’ Association – Starr Smith and
f. Mimico Lakeshore Community Network – Angela Barnes and Starr Smith
7Ms. Smith requested the Mimico Lakeshore Community Network have the opportunity to change its status to that of a party at the next CMC once its representatives have seen the extent of the Issues List. The City and the Appellants consent to this request. The Tribunal agrees.
8The aforementioned participant requests are granted participant status with the consent of the City and the Appellants.
9There are two interested observers that merit recognition in this decision as they have committed to monitor the progress of and have direct interest in these proceedings.
a. Centre for Equality Rights – Dale Whitmore and
b. Advocacy Centre for Tenants’ Ontario
10Ms. Hill, Counsel for the City, provided background information with respect to the application for the benefit of the Tribunal and all present. The purpose of OPA 558 was adopted in November 2021 and proposes to revise the definitions found in s. 3.2.1 of the City’s Official Plan with respect to housing affordability in a variety of rental and ownership affordable housing found in the City. The changes will align these definitions with incomes rather than the existing methodology which makes use of market rental rates. The effect of these changes is to see a reduction of rents for certain types of dwellings within the City.
11Ms. Hill advised the Tribunal that this is a very important policy for the City and is directly tied to Provincial interests. A draft Procedural Order (“PO”) is presented to the Tribunal, but it lacks the detail of an Issues List. Therefore, to expedite this important City initiative, Ms. Hill requests direction with respect to the timing of preparation of issues for the Issues List in the PO; the scheduling of a subsequent CMC as required; and the scheduling of a ten (10) day merits hearing as quickly as possible. Ms. Hill will take a leadership role in preparing the PO and will have discussions with all Appellants in an effort to scope their appeals to specific geographic areas in an effort to limit required hearing time.
12All Appellants and Parties are in agreement with Ms. Hill’s description of what is before this Tribunal and her suggested go forward strategy. All are committed to make best efforts to scope issues in the PO.
TRIBUNAL DISPOSITION
13The Tribunal grants Non-Appellant Party and provisional status as set out in paragraph five of this decision.
14The Tribunal grants Participant status as set out in paragraph six of this decision.
15Ms. Hill will prepare a PO to guide the procedures and issues with respect to this matter. The Tribunal directs that the City, Appellants, and Parties meet the following schedule in the preparation of the PO:
a. the Appellants will provide to the City their Issues for the Issues List no later than Monday, October 3, 2022;
b. the City will circulate a consolidated draft PO no later than Tuesday, October 11, 2022 to all:
i. Appellants - for review, scoping of issues and comment;
ii. parties - to determine the issues under which they are sheltering. When determined they will advise the City and Appellants; and
iii. to participants and interested observers - for information.
c. the final draft PO will be submitted to the Tribunal, all parties, participants and interested observers no later than Monday, October 31, 2022.
16The Tribunal is prepared to schedule a full day CMC commencing on Friday, November 4, 2022 at 10 a.m. The purpose of this second CMC is to hear from the Non-Appellant parties the issues found in the PO under which they are sheltering, confirm the status of all entities with interest in this proceeding, review and approve a PO to come into full force and effect that will guide the merits hearing, determine if the issues have been scoped to an extent that a settlement hearing may be held on portions of OPA 558 and determine if there are opportunities for Tribunal-led mediation.
17Given the importance of the approval of OPA 558 to the City and the commitment of all Appellant counsel to finalize the PO, the Tribunal is comfortable to schedule a merits hearing commencing on Monday, July 24, 2023 to Friday, August 4 2023 for ten (10) days.
CASE MANAGEMENT CONFERENCE AND MERITS HEARING TECHNICAL DETAILS
18A full day CMC will convene on Friday, November 4, 2022, by video hearing at 10 a.m.
19A 10 day merits hearing will convene on Monday, July 24, 2023 to Friday, August 4, 2023, by video hearing at 10 a.m.
20The hearings are scheduled to proceed by video as follows:
Friday, November 4, 2022 at 10 a.m. GoTo Meeting: https://global.gotomeeting.com/join/638422541
Access code: 638-422-541 Audio-only telephone line: 1 (647) 497-9373 or Toll Free 1-888-299-1889 Audio-only access code: 638-422-541 Monday, July 24, 2023 to Friday, August 4, 2023 at 10 a.m. GoTo Meeting: https://global.gotomeeting.com/join/638422541
Access code: 638-422-541 Audio-only line: 1 (647) 497-9373 or Toll Free 1-888-299-1889 Audio-only access code: 638-422-541
21Parties 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.
22Parties 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
23Persons 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.
24Individuals 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
25Accordingly, the Tribunal orders.
a. a one day Case Management Conference is to convene on Friday, November 4, 2022.
b. a 10 day Merits Hearing is to convene on Monday, July 24, 2023.
c. Habitat for Humanity – Greater Toronto Area, St. Clare’s Multifaith Housing Society, and Community Affordable Housing Solutions and Build a Better Bloor Dufferin are granted party status.
d. Neighbourhood Pods TO is granted provisional party status to be confirmed at the Friday, November 4, 2022 Case Management Conference.
e. ACORN, Marie Soto, Friends of Kensington Market, Parkdale Activity Recreation Centre, Mimico Estates Tenants’ Association and Mimico Lakeshore Community Network are granted participant status.
26No further notice will be given.
27The Member is not seized.
“Bryan W. Tuckey”
BRYAN W. TUCKEY
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.