Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 9, 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: November 4, 2022 by video hearing
APPEARANCES:
Parties
Counsel/Representative*
City of Toronto
Amanda Hill Jason Davidson
221 Sterling Road Holdings Inc.
Natalie Ast Daniel Artenosi, in absentia
1386073 Ontario Inc. o/a Dunpar Development Inc.
Michael Nemanic Luke Johnston, 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*
Regent Park Neighbourhood Association
Brendan Jowett
ACORN Canada
Gordon Bryant*
MEMORANDUM OF ORAL DECISION DELIVERED BY C. HARDY ON NOVEMBER 4, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal held a second Case Management Conference (“CMC”) with respect to appeals brought pursuant to s. 17(24) of the Planning Act (“Act”) against the City of Toronto’s (“City”) adoption of Official Plan Amendment No. 558 (“OPA 558”).
2The appeals were brought by 221 Sterling Road Holdings Inc., 1386073 Ontario Inc., Double Z Investments Limited, Minto (Mimico) Inc., Ont GTA Properties Inc., Policy Investment Limited, Greenway Holdings Inc. and Knox Presbyterian Church (collectively referred to as “Appellants”).
3OPA 558 was adopted in November 2021 and proposes to revise definitions found in the City’s Official Plan relating to housing affordability to align with income rather than market rental rates. The effect will be a reduction of rents for certain types of dwellings in the City.
4As stated in the decision of the Tribunal respecting the first CMC, the purpose of this second CMC is to:
a. Obtain status updates from Non-Appellant Parties regarding the issues under which they are sheltering;
b. Confirm the status of those with an interest in these proceedings;
c. Review the amended Procedural Order (“PO”) and Issues List; and
d. Discuss opportunities for settlement or Tribunal-led mediation.
STATUS REQUESTS
5At the first CMC, Party status was granted to Habitat For Humanity – Greater Toronto Area, St. Clare’s Multifaith Housing Society, Community Affordable Housing Solutions, and Build a Better Bloor Dufferin. Also at the first CMC, Participant status was granted to ACORN Canada (“ACORN”), Marie Sotto, Friends of Kensington Market, Parkdale Activity Recreation Centre (“PARC”), Mimico Estates Tenants’ Association, and Mimico Lakeshore Community Network (“MLCN”).
6At the first CMC, provisional Party status was granted to Neighbourhood Pods TO (“NPTO”). Walied Khogali Ali is the representative for NPTO and was directed to clarify status at the second CMC. Mr. Khogali Ali advised the Tribunal that Regent Park Neighbourhood Association (“RPNA”), represented by Brendan Jowett, was requesting to assume the Non-Appellant Party status granted to NPTO at the first CMC. The Tribunal was in receipt of the written status request of RPNA and on consent of all Parties granted Non-Appellant Party status to RPNA, thereby nullifying the provisional Party status of NPTO.
7In advance of the second CMC, the Tribunal received a Party status request from ACORN, who had been granted Participant status at the first CMC. Gordon Bryant, the representative for ACORN, advised the Tribunal that upon reviewing the draft PO, ACORN would like to change its status to Party status. On consent of all Parties, the Tribunal granted Non-Appellant Party status to ACORN, thereby nullifying their status as a Participant.
8Mr. Khogali Ali addressed the Tribunal and requested Participant status in his individual capacity. The Tribunal canvassed the Parties and heard no objections. On consent of all Parties, the Tribunal granted Mr. Khogali Ali Participant status in these proceedings.
9At the first CMC on the consent of all Parties, MLCN was granted the opportunity to convert its Participant status to Non-Appellant Party status after having the opportunity to review the Issues List. Starr Smith is the representative for MLCN and advised the Tribunal that MLCN is content to remain as a Participant in these proceedings.
10PARC notified the Tribunal that Mercedes Sharpe-Zayas is no longer a representative on its behalf. Going forward, the representatives of PARC are Ana Teresa Portillo and Angela Koh.
11The Tribunal highlighted Rule 8.3 of the Tribunal’s Rules of Practice and Procedure relating to Non-Appellant Parties and ensured that all Non-Appellant Parties were aware of the requirement that they shelter under the issues raised by the Appellants in these proceedings. The Tribunal further highlighted the obligation of Participants to file Participant statements in accordance with the timelines that will be set in the final PO.
PROCEDURAL ORDER AND THIRD CMC
12Prior to the commencement of the CMC, Amanda Hill, Counsel for the City provided the Tribunal with a draft Procedural Order (“PO”) which had been circulated to the Parties.
13With respect to the PO, the Tribunal advised the Parties that a new version of the Sample Procedural Order for Video Hearings was available on the Tribunal’s website and directed that the draft PO be amended to align with the Tribunal’s updated version. Ms. Hill agreed to make the amendments and circulate and file an updated draft PO in accordance with the timeline set out in paragraph 17 below.
14Ms. Hill provided a status update indicating that the City has had productive discussions with the Appellants to date and they have reached an agreement to scope each of their matters on a site-specific basis, without prejudice to any ongoing appeals. Ms. Hill advised that these discussions had transpired very recently and as a result, were not reflected in the Issues List attached to the PO which was submitted to the Tribunal. Ms. Hill further advised that the Non-Appellant Parties will be affected by the outcome of this process and may or may not be interested in becoming involved in the site-specific matters.
15Ms. Hill suggested, and the Parties agreed, that the Tribunal set a third CMC date to address the site-specific matters, update the PO and Issues List and confirm what interest, if any, each of the Non-Appellant Parties have in the matters that remain outstanding.
16The Tribunal agreed with this approach and scheduled a third CMC to be held on Friday January 20, 2023 at 10 a.m. The purpose of the third CMC is to address site-specific matters and potentially hear a Motion brought by the City, review an updated PO and Issues List and confirm the status of the Non-Appellant Parties.
17Recognizing that a 10-day hearing has been set in these proceedings to commence on July 24, 2023, the Tribunal wanted to ensure that the third CMC is productive and established the following deadlines:
a. On or before November 30, 2022 the Appellants will confirm each of their site-specific issues with the City;
b. On or before January 6, 2023 the City will circulate an amended PO and Issues List to all Parties, including the Tribunal;
c. On or before January 16, 2023 the Non-Appellant Parties will advise all Parties, including the Tribunal, under which issues they will be sheltering.
18The Tribunal is not prepared to grant further Party or Participant requests at the third CMC. This would include requests from Participants to change their status to a Non-Appellant Party. The Tribunal noted that the original appeal forms filed by the Appellants set out the grounds of appeal and no additional grounds are permitted through the scoping of the issues being undertaken by the Appellants and the City As such, there has been sufficient time and opportunity to make requests for status at the first and second CMC and any further requests have the potential to delay the proceedings.
SETTLEMENT DISCUSSIONS
19Ms. Hill advised that the Parties have had ongoing discussions about both settlement and Tribunal-led mediation but are not in a position to consider either at this time.
ORDER
20The Tribunal Orders that Regent Park Neighbourhood Association is a Non-Appellant Party in these proceedings.
21The Tribunal Orders that ACORN Canada is a Non-Appellant Party in these proceedings.
22The Tribunal Orders that Walied Khogali Ali is a Participant in these proceedings.
23The Tribunal directs that the Appellants confirm their site-specific issues with the City on or before November 30, 2022.
24The Tribunal directs that the City provide a draft Procedural Order to the Parties, including the Tribunal on or before January 6, 2023.
25The Tribunal directs that on or before January 16, 2023 the Non-Appellant Parties advise all Parties, including the Tribunal, under which issues they will be sheltering.
26The Tribunal Orders that a third Case Management Conference in this matter will be held by video hearing on January 20, 2023 commencing at 10 a.m.
27Parties 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/914098901
Access code: 914-098-901
28Parties 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
29Persons 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. Access code is: 914-098-901.
30Individuals 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.
31This Member is not seized however will remain available for case management, schedule permitting.
32No further notice will be given.
33This is the Order of the Tribunal.
“C. Hardy”
C. HARDY
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.