Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 08, 2023
CASE NO(S).: OLT-22-002749
PROCEEDING COMMENCED UNDER section 41(4) of the Ontario Heritage Act, R.S.O. 1990, c. O.21.
Appellant: 1107051 Ontario Ltd.
Appellant: 1572653 Ontario Inc.
Appellant: 1758173 Ontario Ltd.
Appellant: 19 Duncan Property Inc.; and others
Subject: Heritage Conservation District Plan
Description: To designate King-Spadina as a Heritage Conservation District Plan
Reference Number: By-Law 111-2017
Property Address: All lands subject to By-law No. 1111-2017
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-22-002749
Legacy Case No: MM170097
OLT Lead Case No: OLT-22-002749
Legacy Lead Case No: MM170097
OLT Case Name: Bandet v. Toronto (City.)
Heard: October 14, 2022 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| City of Toronto | C. Barnett, M. Longo, D. Elmadany |
| Multiple Appellants | Refer to Attachment “2” for Appearances by Appellants |
MEMORANDUM OF ORAL DECISION DELIVERED BY STEVEN COOKE ON OCTOBER 14, 2022, AND THE ORDER OF THE TRIBUNAL
1The matter before the Tribunal was a Case Management Conference (“CMC”) for the 81 appeals pursuant to s. 41(4) of the Ontario Heritage Act, R.S.O. 1990, c. O.18, as amended, for the City of Toronto (“City”) adoption of By-law No. 1111-2017 to designate the King-Spadina Heritage Conservation District (“KSHCD”). Some of the Appellants have withdrawn their appeals. As of the date of this CMC, the most recent list of Appellants can be found in Attachment “1”.
2For the ease of the reader, a list of appearances for this CMC can be found in Attachment “2”.
3On behalf of the City, Mr. Barnett informed the Tribunal that a revised plan has been reviewed and taken to Council. Counsel presented a draft Procedural Order for its consideration with 102 issues remaining. The Tribunal has reviewed and approved the Procedural Order found in Attachment “3”. The 25-days of the Tribunals calendar has been set aside for the Hearing of the Merits that will begin on Monday, January 15, 2024, at 10 am.
4The hearing is scheduled to proceed by video on Monday, January 15, 2024, at 10 am.
5Parties 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 conference link: https://global.gotomeeting.com/join/765631861
Audio-Only Line: (Toll Free) 1-888-455-1389 OR +1 (647) 497-9391
Access code: 765-631-861
6Parties 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
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 found above.
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 was updated that the following Appeals to the KSHCD and KSHCD Plan are not participating in the hearing of the merits other than to ensure that Attachment 4, included in the KSHCD Plan, is approved providing transition for the associated development application of the specified appellants below. For clarity, this includes that appellants are not calling any evidence on issues or seeking changes to the KSHCD Plan. The Appeals are:
- Appeal 6: GG Duncan Inc
- Appeal 10: King Jay Developments Ltd
- Appeal 11: 462 Wellington Inc.,
- Appeal 18: Westbank Projects Corp.
- Appeal 24: 40 Widmer Street Inc.
- Appeal 25: Frala Dick Holdings Inc.
- Appeal 28: Festival Hall Developments Limited
- Appeal 29: 457 Richmond Street West Limited
- Appeal 30: Portland Property Wellington Inc.
- Appeal 31: Lanterra 263 Adelaide Developments Limited
- Appeal 32: 1107051 Ontario Ltd. and Cabo Three Investments Inc.,
- Appeal 34: 217 Adelaide Holdings Limited.
- Appeal 37: 49 Camden Street Holdings Ltd. and 51 Camden Street Holdings Ltd.
- Appeal 38: 92 Peter Street Inc.
- Appeal 39: Timbercreek 4Q Urban Developments LP (Toronto)
- Appeal 44: Portland Property Spadina Inc.
- Appeal 45: 450 Richmond Street West Limited
- Appeal 46: Claireville Holdings Limited
- Appeal 47: 2477879 Ontario Inc
- Appeal 62: Frala Dick Holdings Inc. and Allied Properties REIT
- Appeal 64: 738489 Ontario Limited
- Appeal 71: HNC Bathurst Street Inc.,
- Appeal 79: Graywood PA GP Inc
- Appeal 80: 19 Duncan Property Inc.,
- Appeal 81: Widmer Residences Corp.
10Ongoing discussions continue between the City and the various parties. Mr. Barnett asked that a final CMC date be set aside to provide the Tribunal with a status updated and potentially make any necessary changes to the Procedural Order. The Tribunal has scheduled a CMC to occur on Wednesday, September 13, 2023 at 10 am.
11The hearing is scheduled to proceed by video on [Wednesday, September 13, 2023] at [10 a.m.].
12Parties 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 conference link: https://global.gotomeeting.com/join/519389173
Audio-Only Line: (Toll Free) 1-888-299-1889 OR +1 (647) 497-9373
Access code: 519-389-173
13Parties 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
14Persons 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 found above.
ORDER
15THE TRIBUNAL ORDERS that the Procedural Order set out in Attachment “3” is approved by the Tribunal and shall be used to govern the proceedings.
16THAT a one-day CMC be scheduled for Wednesday, September 13, 2023 at 10 am.
17THAT the 25-day hearing of the merits be scheduled to begin on Monday, January 15, 2024 at 10 am.
18No further notice is required. The particulars for the hearing of the merits, and CMC are set out above in this decision.
19The Member is not seized.
“Steven Cooke”
STEVEN COOKE
VICE-CHAIR
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.
Attachment 1
Attachment 2
Attachment 3
Attachment 4