Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 29, 2022
CASE NO(S).: OLT-22-003826
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Northhampton (Whitby) Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a 54-storey mixed-use building
Reference Number: 21 251414 STE 13 OZ
Property Address: 15 Charles Street East
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-22-003826
OLT Lead Case No.: OLT-22-003826
OLT Case Name: Northampton Inns (Whitby) Inc. v. Toronto (City)
Heard: August 25, 2022 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Northampton Inns (Whitby) Inc. | Max Laskin (D. Bronskill in absentia) |
| City of Toronto | Gabe Szobel and Jamie Dexter |
| Great World Properties Limited | Denise Baker and Lara Kinkartz |
| Philstein Ltd. | Christie Gibson (S. Leisk in absentia) and Catherine Litinsky (student-at-law) |
| 2581811 Ontario Inc. | Matthew Schuman (C. MacDougall in absentia) |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. BRAUN ON AUGUST 25, 2022 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”) in relation to an appeal brought pursuant to s. 34(11) of the Planning Act (“Act”) by Northampton Inns (Whitby) Inc. (“Appellant”) against the failure of the City of Toronto (“City”) to make a decision within the statutory timeframe on an application for a Zoning By-law Amendment in relation to the property at 15 Charles Street East and 16 Isabella Street. The Appellant’s development proposal contemplates the construction of a 54-storey mixed-use building containing 549 residential dwelling units and a non-residential Gross Floor Area (“GFA”) of 146 square metres.
2The Tribunal received an Affidavit of Service confirming that Notice of this CMC was properly given and marked same as Exhibit 1. The Tribunal also received written requests for Party Status from Great World Properties Limited; Philstein Ltd.; and 2581811 Ontario Inc. and marked these as Exhibits 2, 3 and 4, respectively. All those seeking Party status own properties near the subject site and have a direct interest in the matters under appeal and their requests were granted on consent.
3In response to the Notice, no other written Party or Participant Status requests were received and nobody appeared at the CMC seeking status in the proceeding. Accordingly, the appeal will proceed with the involvement of only the Parties as indicated above.
4The Parties had worked collaboratively in advance of the CMC to provide a draft Procedural Order (“PO”) and a detailed draft Issues List. They requested the Tribunal set the matter down for a nine (9)-day hearing and counsel for the Appellant undertook to revise the PO to reflect deliverable deadlines in accordance with the dates chosen for the hearing, circulate same to the Parties for their consent and submit to the Tribunal for review and approval no later than Friday, September 9, 2022. The Parties also advised that they are open to the possibility of settling some or all of the issues and are aware of the availability of Tribunal-assisted mediation. Should the Parties reach a settlement or wish to avail themselves of mediation, they may contact the Case Coordinator for assistance.
5The Tribunal set the matter down for a video hearing, which will commence at 10 a.m. on Tuesday, October 17, 2023 for nine (9) days. Parties 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/909787981 Access Code: 909-787-981
6Parties 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.
7Persons 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 (647) 497-9391. The access code is 909-787-981.
8Individuals 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.
9The Tribunal inquired as to whether there were any other matters to be addressed which might assist in the fair, just and expeditious resolution of this matter. The Parties indicated there were none.
10There will be no further notice and this Member is not seized but may be available for case management, should scheduling permit.
11It is so ordered.
“S. Braun”
S. BRAUN 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.