Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 12, 2022
CASE NO(S).: OLT-22-003929
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Fieldgate Two-Twenty Apartments Limited
Subject: Application to amend Zoning By-law No. 7625 & 569-2013 - Refusal or neglect of City of Toronto to make a decision
Existing Zoning: RM6
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit development of two additional residential buildings
Property Address/Description: 20 Godstone Rd.
Municipality: City of Toronto
Municipality File No.: 19 117787 NNY 17 OZ
OLT Case No.: OLT-22-003929
OLT Lead Case No.: OLT-22-003929
OLT Case Name: Fieldgate Two-Twenty Apartments Limited v. Toronto (City)
Heard: September 23, 2022 by video hearing
APPEARANCES:
Parties
Counsel
Fieldgate Two-Twenty Apartments Limited (“Fieldgate”)
M. Lakatos-Hayward D. Bronskill (in absentia)
City of Toronto (“City”)
M. Hardiejowski L. Bisset (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY WILLIAM R. MIDDLETON ON SEPTEMBER 23, 2022, AND ORDER OF THE TRIBUNAL
1The first Case Management Conference (“CMC”) in this matter was held on September 23, 2022 by video conference hearing (“VH”).
2This proceeding relates to an appeal by Fieldgate of the failure by the City to make a decision regarding Fieldgate’s application for an amendment of former North York By-law No. 7625, now City By-law No. 569-2013 in order to permit the development of two residential towers at the address municipally known as 20 Godstone Road, in the City (“Development”).
3Notice was given to a number of persons and entities who might be interested in the Development but only representatives of the current Parties, City and Fieldgate were in attendance at the CMC. Thus, no other person or entity sought Party or Participant status at the CMC.
4The Parties’ counsel advised that preliminary discussions have taken place concerning the possible resolution of this appeal and thus they sought a second CMC following the City’s upcoming Council election. The Parties were also reminded that the Tribunal is able to offer mediation to assist them in reaching a settlement.
5The second CMC has been scheduled to commence on Tuesday February 28, 2023.
6Parties 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:
https://global.gotomeeting.com/join/719383509
Access Code: 719-383-509
7Parties 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.
8Persons 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 1-888-299-1889 or +1 (647) 497-9373. The Access Code is as indicated above.
9Individuals 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 video hearing 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
10The Parties are to provide a finalized Procedural Order seven days prior to the second Case Management Conference and are also to advise at that time as to the number of days required for the hearing of this Appeal.
11This Member is not seized, however will remain available for case management subject to the Tribunal’s calendar.
12No further notice will be given.
“William R. Middleton”
WILLIAM R. MIDDLETON 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.