Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: October 25, 2023

CASE NO(S).: OLT-23-000669

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Applicant/Appellant: MR-V 1265 Wilson Avenue Inc.

Subject: Application to amend the Zoning By-law – neglect to make a decision

Description: Proposes to redevelop and intensify the Property with a new purpose-built rental apartment building.

Reference Number: 21 219425 NNY 06 OZ

Property Address: 1265 Wilson Avenue

Municipality/UT: Toronto/Toronto

OLT Case No: OLT-23-000669

OLT Lead Case No: OLT-23-000669

OLT Case Name: MR-V 1265 Wilson Avenue Inc. v. Toronto (City)

Heard: September 27, 2023 by video hearing

APPEARANCES:

Parties

MR-V 1265 Wilson Avenue Inc.

Counsel

Z. Fleisher D. Bronskill (in absentia)

Parties

City of Toronto

Counsel

K. Czajkowski U. Gautam (in absentia)

MEMORANDUM OF ORAL DECISION DELIVERED BY STEVEN T. MASTORAS ON SEPTEMBER 27, 2023 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1The matter before the Tribunal is a first Case Management Conference (“CMC”) relating to an appeal pursuant to s. 34 (11) of the Planning Act (“Act”) from the failure of the City of Toronto (“City”) to make a decision within the statutory timeframe with respect to a Zoning By-law Amendment (“ZBA”) application. The appeal has been filed by MR-V 1265 Wilson Avenue Inc. (“Appellant”) regarding the property located at 1265 Wilson Avenue (“Subject Property”).

2The purpose of the ZBA application is to facilitate the proposed redevelopment and intensification of the Subject Property with a new purpose-built rental apartment building containing 498 new rental units and 61 rental replacement units for a total of 559 rental units over 41,921 square metres of gross floor area, resulting in a floor space index of 5.93. The proposal attempts to optimize the use of the site with an 11-storey mid-rise element fronting onto Wilson Avenue connected to a 27-storey tower towards the rear of the Subject Property.

3The Tribunal was in receipt of a sworn Affidavit of Service dated August 23, 2023, by Linda Roberts confirming that Notice of this CMC was properly provided and marked as Exhibit 1.

STATUS REQUESTS AND SETTLEMENT DISCUSSIONS

4There were no other requests for Party or Participant Status.

5The Parties advised the Tribunal that there were ongoing discussions relating to a possible Settlement of the matter and, as a result, were seeking a second CMC date to be scheduled at the discretion of the Tribunal in late January 2024.

6After careful consideration of the respective calendars of Parties, the Tribunal scheduled a second CMC to commence on Tuesday, January 30, 2024 by video at 10 a.m.

7Parties 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/519389173

Access code: 519-389-173

8Parties 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

9Persons 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. The access code is 519-389-173.

10Individuals 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.

11The Parties also agreed to provide the Case Coordinator with an update on the status of the matter on or before Monday, December 18, 2023 regarding their progress and whether the second CMC should be changed to a Settlement hearing.

12Finally, the Tribunal was encouraged by these efforts and reminded the Parties that Tribunal-led mediation is available if mutually agreed upon and if requested to assist with a resolution of the matter.

ORDER

13THE TRIBUNAL ORDERS that:

a) A second Case Management Conference is scheduled to commence on Tuesday January 30, 2024 by video at 10 a.m.

b) The Parties shall update the Case Coordinator on the status of Settlement discussions on or before Monday, December 18, 2023.

14There will be no further notice.

15The Member is not seized on this matter.

“Steven T. Mastoras”

STEVEN T. MASTORAS 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.