Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
October 26, 2023
CASE NO(S).:
OLT-23-000597
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant
Rockbrook Developments Inc.
Applicant
Block (Greenbriar) Developments Limited
Subject:
Proposed Official Plan Amendment
Description:
Proposes to redevelop the lands at 22-36 Greenbriar Road with a 22-storey residential building containing 320 dwelling units
Reference Number:
21 252354 NNY 17 OZ
Property Address:
22 - 36 Greenbriar Road
Municipality/UT:
Toronto/Toronto
OLT Case No:
OLT-23-000597
OLT Lead Case No:
OLT-23-000597
OLT Case Name:
Rockbrook Developments Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER section 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant
Rockbrook Developments Inc.
Applicant
Block (Greenbriar) Developments Limited
Subject:
Zoning By-law
Description:
Proposes to redevelop the lands at 22-36 Greenbriar Road with a 22-storey residential building containing 320 dwelling units
Reference Number:
21 252354 NNY 17 OZ
Property Address:
22 - 36 Greenbriar Road
Municipality/UT:
Toronto/Toronto
OLT Case No:
OLT-23-000598
OLT Lead Case No:
OLT-23-000597
Heard:
September 22, 2023 by video hearing
APPEARANCES:
Parties
Counsel
Block (Greenbriar) Development Limited (“Applicant”)
Sidonia Tomasella Alexander Suriano
Rockbrook Developments Inc. (“Appellant”)
Marisa Keating Signe Leisk (in absentia)
City of Toronto (“City”)
Matthew Longo
MEMORANDUM OF ORAL DECISION DELIVERED BY ASTRID J. CLOS AND JACKIE DENYES ON SEPTEMBER 22, 2023 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”) convened for appeals brought pursuant to s. 17(24) for an Official Plan Amendment (“OPA”) and s. 34(19) for Zoning By-law Amendments (“ZBA”) of the Planning Act by Rockbrook Developments Inc. (“Appellant”) of the decision of Council related to the site municipally addressed as 22-36 Greenbriar Road (“Subject Property”) located in the City.
2Council adopted OPA 650, Zoning By-laws 477-2023 and 478-2023 with the inclusion of a Holding Zone to permit the redevelopment of the Subject Property.
3The Applicant has also applied for Site Plan (“SP”) approval.
4Rockbrook Development Inc. subsequently appealed the OPA and ZBAs. The SP has not been appealed by the Applicant and is not before the Panel for consideration.
5Matthew Longo, Counsel for the City, advised that this is a dispute between landowners and that the City did not include a turnaround to be constructed within the road allowance as a condition of the OPA or ZBAs approval. The City is in agreement that there should be a turnaround constructed and intends to deal with this issue through the Site Plan application.
6The Affidavit of Service sworn on August 10, 2023, was entered as Exhibit 1.
PARTICIPANT STATUS REQUEST
7In response to the Notice, a request for Participant status was received from David Reid. The Panel found that this request demonstrated an interest in this matter and with no opposition from the Parties, the requested Participant status was granted by the Panel.
MERIT HEARING
8The Parties requested that a three day Merit Hearing be scheduled. The Panel canvassed the availability of the Parties and a three day Merit Hearing commencing on Monday March 11, 2024, was scheduled.
9Parties 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:
GoTo Meeting: https://meet.goto.com/558205565
Access code: 558-205-565
10Parties 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
11Persons 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 558-205-565.
12Individuals 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.
PROCEDURAL ORDER
13The Parties submitted a Draft Procedural Order (“DPO”) prior to the commencement of the CMC. Sidonia Tomasella, Counsel for the Applicant, agreed to file the updated DPO with the Case Coordinator no later than Friday September 29, 2023. The updated DPO submitted by the Parties has been approved by the Panel appended to this Decision and Order as Schedule 1.
14The Panel requested that the Parties advise the Case Coordinator as soon as it is known if issues have been scoped or a settlement has been reached to allow any unneeded hearing dates to be released from the Tribunal calendar. Hearing dates are a scarce resource that must be used effectively by the Tribunal.
MEDIATION
15The Panel reminded the Parties that Tribunal-led mediation is available at the convenience of the Parties by contacting the Case Coordinator.
ORDER
16THE TRIBUNAL ORDERS that:
a. Participant Status is granted to David Reid;
b. The Procedural Order included as Schedule 1 is approved; and
c. A three day Merit hearing is scheduled to be heard by video commencing on Monday March 11, 2024, at 10 a.m.
17This Panel is not seized.
18No further notice will be provided.
“Astrid J. Clos”
ASTRID J. CLOS
MEMBER
“Jackie Denyes”
JACKIE DENYES
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.
Schedule 1
CASE NO(S).: OLT-23-000597
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant
Rockbrook Developments Inc.
Applicant
Block (Greenbriar) Developments Limited
Subject:
Proposed Official Plan Amendment Proposes to redevelop the lands at 22-36 Greenbriar
Description:
Road with a 22-storey residential building containing 320 dwelling units
Reference Number:
21 252354 NNY 17 OZ
Property Address:
22 - 36 Greenbriar Road
Municipality/UT:
Toronto/Toronto
OLT Case No:
OLT-23-000597
OLT Lead Case No:
OLT-23-000597
OLT Case Name:
Rockbrook Developments Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER section 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant
Rockbrook Developments Inc.
Applicant
Block (Greenbriar) Developments Limited
Subject:
Zoning By-law Proposes to redevelop the lands at 22-36 Greenbriar
Description:
Road with a 22-storey residential building containing 320 dwelling units
Reference Number:
21 252354 NNY 17 OZ
Property Address:
22 - 36 Greenbriar Road
Municipality/UT:
Toronto/Toronto
OLT Case No:
OLT-23-000598
OLT Lead Case No:
OLT-23-000597
PROCEDURAL ORDER
- 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 video hearing will begin on March 11, 2024 at 10:00 a.m. at https://meet.goto.com/558205565 or by phone via the call-in numbers: (Toll Free) 1 888 299 1889 or +1 (647) 497-9373.
The parties’ initial estimation for the length of the hearing is 3 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 found in Attachment 1.
The parties and participants identified at the case management conference are set out in Attachment 2 (see the sample procedural order for the meaning of these terms).
The issues are set out in the Issues List attached as Attachment 3. 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 to this Order. 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 November 6, 2023 and in accordance with paragraph 23 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.
Expert witnesses in the same field shall have a meeting on or before December 1, 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 co-ordinator on or before December 18, 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 14 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 14 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 14 below.
On or before January 19, 2024, the parties shall provide copies of their witness and expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 23 below.
On or before January 19, 2024, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 23 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 February 26, 2024 the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
On or before February 26, 2024, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 23 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 co-ordinator a written response to any written evidence within ten (10) days after the evidence is received and in accordance with paragraph 23 below.
The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before March 1, 2024.
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 at least 7 days before the hearing 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 March 4, 2024 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.
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.
ATTACHMENT 1
SUMMARY OF DATES
DATE
EVENT
November 6, 2023
Exchange of witness lists (names, disciplines and order to be called)
December 1, 2023
Experts meeting prior to this date (if any)
December 18, 2023
Agreed Statement of Facts (if any)
January 19, 2024
Exchange of Witness Statements, summoned witness outlines, Expert Reports and Participant Statements
February 2, 2024
Exchange of Reply Witness Statements (if any)
February 26, 2024
Confirm if reserved hearing dates still required
February 26, 2024
Exchange of visual evidence (if any)
March 1, 2024
Finalize Joint Document Book
March 4, 2024
Hearing Plan filed with the Tribunal
March 11-13, 2023
Hearing commences
ATTACHMENT 2
PARTIES:
- Block (Greenbriar) Developments Limited
Sidonia Tomasella Aird & Berlis LLP 181 Bay Street, Suite 1800 Toronto, ON M5J 2T9 Tel: 416.865.7763 Fax: 416.863.1515 Email: stomasella@airdberlis.com
Alexander J. Suriano Aird & Berlis LLP 181 Bay Street, Suite 1800 Toronto, ON M5J 2T9 Tel: 437.880.6108 Fax: 416.863.1515 Email: asuriano@airdberlis.com
- City of Toronto
Uttra Gautam Metro Hall 26th fl. 55 John St. Toronto ON M5V 3C6 Tel: 416.396.7986 Fax: 416.397.5624 Email: uttra.gautam@toronto.ca
Matthew Longo Metro Hall 26th fl. 55 John St. Toronto ON M5V 3C6 Tel: 416.392.8109 Fax: 416.397.5624 Email: matthew.longo@toronto.ca
- Rockbrook Developments Inc.
Signe Leisk Cassels Brock & Blackwell LLP Suite 3200, Bay Adelaide Centre - North Tower 40 Temperance Street Toronto ON M5H 0B4 Tel: 416.869.5411 Fax: 416 360 8877 Email: sleisk@cassels.com
Marisa Keating Cassels Brock & Blackwell LLP Suite 3200, Bay Adelaide Centre - North Tower 40 Temperance Street Toronto ON M5H 0B4 Tel: 416.860.2978 Fax: 416.360.8877 Email: mkeating@cassels.com
PARTICIPANTS:
- David Reid Tel: 416.755.4862 Email: davidareidhome@gmail.com
ATTACHMENT 3
ISSUES LIST
NOTE: The identification of an issue on the Issues List does not constitute an acknowledgement by the OLT or any party that such issue, or the manner in which the issue is expressed, is either appropriate or relevant to the determination of the OLT at the hearing. The extent to which these issues are appropriate or relevant to the determination of the OLT at the hearing will be a matter of evidence and argument at the hearing. The identification of an issue on this list by a party indicates that party’s intent to lead evidence or argue that the issue is relevant to the proceeding, for the purpose of fairly identifying to the other parties the case they need to meet and shall not be construed as the OLT having jurisdiction over such matters in each circumstance. Accordingly, no party shall advance an issue not identified on the Issues List without leave of the OLT.
BLOCK (GREENBRIAR) DEVELOPMENTS LIMITED
Does the proposed development necessitate the provision of the cul-de-sac on Talara Drive?
If it is necessary, is it appropriate to secure the cul-de-sac as part of zoning?
ROCKBROOK DEVELOPMENTS INC.
Does the proposed development have regard to the matters of provincial interest set out in Section 2 of the Planning Act, including, but not limited to, subsections (f) and (h)?
Is the proposed development consistent with the Provincial Policy Statement (2020), including, but not limited to, policies 1.1.1.g), 1.2.1.a), and 1.6.1?
Does the proposed development conform to A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020), including, but not limited to, Policy 3.2.1?
Does the proposed development conform to and/or maintain the intent and purpose of the Sheppard East Subway Corridor Secondary Plan, including, but not limited to, Policies 2(h) and 4.5.2?
Does the proposed development represent a coordinated approach to the redevelopment of land?
Does the proposed development ensure the efficient use of transportation infrastructure?
Does the proposed development account for necessary improvements to the transportation network?
Does the proposed development, including the Draft Official Plan Amendment and Draft Zoning By-law Amendment, represent good planning and is its approval in the public interest?
ATTACHMENT 4
ORDER OF EVIDENCE
Block (Greenbriar) Developments Limited
Rockbrook Developments Inc.
City of Toronto
Block (Greenbriar) Developments Limited (in reply, if necessary)
ATTACHMENT 5 PURPOSE OF THE PROCEDURAL ORDER AND MEANING OF TERMS
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.
53886330.6