Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 02, 2023
CASE NO(S).: OLT-23-000596
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Queenscorp (Royal York) Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a 967-unit mixed use development
Reference Number: 22 144668 WET 03 OZ
Property Address: 2-10 Queen Elizabeth Blvd., 506-522 Royal York Rd. and 3-15 Sinclair St.
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-23-000596
OLT Lead Case No.: OLT-23-000596
OLT Case Name: Queenscorp (Royal York) Inc. v. Toronto (City)
Heard: October 3, 2023
APPEARANCES:
Parties
Counsel
Queenscorp (Royal York) Inc.
I. Kagan, S. Kagan, co-counsel
City of Toronto
M. Mahoney, M. Lafortune, co-counsel
MEMORANDUM OF ORAL DECISION DELIVERED BY D. CHIPMAN, OCTOBER 3, 2023, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) respecting an appeal filed by Queenscorp (Royal York) Inc. on an application for a Zoning By-law Amendment (“ZBA”) pursuant to section 34(11) on the failure of the City of Toronto (“City”) to make a decision within the statutory timeframe.
2The Subject Property is made up of 11 parcels of land that are municipally known as 2-10 Queen Elizabeth Blvd., 506-522 Royal York Rd., and 3-15 Sinclair St., Etobicoke, in the City.
3The application proposes a total of 967 residential units with a total of 1,075 vehicular parking spaces. The proposal is a mixed-use development consisting of three buildings on two parcels of land. Parcel 1 is located to the north of Queen Elizabeth Boulevard, and Parcel 2 is located to the south. The application proposes a total of 967 residential units, of which 65% are 1-bedroom units, 30 precent are two-bedroom units, and 5 precent are three-bedroom units.
4Parcel 1 proposes a ten-storey mid-rise building with frontage onto Royal York and two towers with heights of seventeen and thirty-five-storeys connected by an eight-storey base building containing 5,000 square metres of non-residential gross floor area. A 646 m2 open space is in the middle of Parcel 1, fronting Queen Elizabeth Boulevard. On Parcel 2, a twenty-storey mixed-use building containing employment gross floor area is proposed, containing 1,000 square metres of non-residential gross floor area. Frontages are along Sinclair Street (129 m), Royal York Road (141 m), and Queen Elizabeth Boulevard (180 m).
SERVICE OF NOTICE OF CMC
5The Parties agreed that there was no issue with regard to the service of the Notice of this CMC, and that no further notice was required. The Tribunal was in receipt of the Affidavit of Service of Fredric Cheng sworn on September 5, 2023, which was marked as Exhibit 1.
PARTY AND PARTICIPANT STATUS REQUESTS
6The Tribunal received one request for Participant Status from Mr. Jeff Russo. In Mr. Russo’s written submission, he indicated that he would like to participate in the hearing. Mr. Russo owns two properties within 120 m of the Subject Property.
7With Mr. Russo present at the CMC, the Tribunal took the time to explain the difference between the role of Participant Status and that of Party Status. Mr. Russo indicated that he would like to take some time to speak with the Appellant and City on his issue of inadequate stormwater and wastewater management in the area. Both Parties agreed to have preliminary discussions in advance of Friday, December 29, 2023, at which time the Tribunal is expecting to hear from Mr. Russo as to whether he will proceed with a request for Participant or Party status from the Tribunal at the second CMC.
8If Mr. Russo is seeking Non-Appellant Party Status at the second CMC, he is directed to submit his Issues List on or before Friday, December 29, 2023, to ensure his Issues are part of the draft Procedural Order, Mr. Kagan has been tasked to prepare. Should Mr. Russo decide to continue to seek Participant Status, he is asked to submit his written Participant Statement for the Tribunal’s file prior to the second CMC, which will be circulated to the Parties.
9As Mr. Russo was not prepared to commit to either a Participant or Party Status at this CMC, the Tribunal refers this matter to the second CMC to consider granting status to Mr. Russo.
10No other persons or entities were present at the CMC requesting Party status.
MEDIATION
11Both Parties indicated that there is a reasonable prospect of settling some or all of this appeal by Tribunal-led mediation. The Tribunal informed the Parties that arrangements for mediation can be made by contacting the Case Coordinator.
SECOND CMC DATE
12The Parties requested that the Tribunal set a date for a second CMC to finalize the draft PO and Issues List. The Parties agreed to submit on or before Thursday, February 15, 2024, the draft Procedural Order for the Tribunal’s review in advance of the second CMC.
13The second CMC will commence on Monday, February 26, 2024, at 10 a.m. by video hearing.
14Based on the discussions during the CMC regarding the issues and the expected number of witnesses, the Tribunal accepts the Parties request that it would be reasonable to schedule a twelve-days hearing.
15Should the Parties resolve any or all of the issues, they are directed to advise the Case Coordinator immediately to adjust the Tribunal calendar to reflect the necessary time needed.
16A twelve-hearing of the merits is scheduled to commence at 10 a.m. on Tuesday, August 6, 2024, by video hearing.
17The hearings are scheduled to proceed by video as follow:
Monday, February 26, 2024, at 10 a.m. (One-day CMC hearing)
Go To Meeting: https://global.gotomeeting.com/join/519389173
Access code: 519-389-173
Audio-only telephone line: (Toll Free) 1-888-299-1889 or +1(647) 497-9373
Audio-only access code 519-389-173
Tuesday, August 6, 2024, at 10 a.m. (Twelve-Day Merit Hearing)
Go To Meeting: https://global.gotomeeting.com/join/914098901
Access code: 914-098-901
Audio-only telephone line: (Toll Free) 1-888-299-1889 or +1 (647) 497-9373
Audio-only access code 914-098-901
18The Parties and Participants are asked to log into the video hearing at 15 minutes before the start of the event to test their video and audio connections:
19Parties 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.
20Persons 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.
21Individuals 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.
ORDER
22THE TRIBUNAL ORDERS that a draft Procedural Order and Issues List be submitted to the Case Coordinator no later than Thursday, February 15, 2024.
23AND THAT a second CMC will commence on Monday, February 26, 2024, at 10 a.m. by video hearing.
24AND THAT a hearing on the merits will commence on Tuesday, August 6, 2024, at 10 a.m. by video hearing.
25There will be no further notice.
26This Member is not seized but remains available through the Case Coordinator should the need arise.
“D. Chipman”
D. CHIPMAN
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.