Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 02, 2023
CASE NO(S).: OLT-23-000700
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 396 Church LP
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit redevelopment of the subject site for a 43-storey mixed-use development
Reference Number: 22 227435 STE 13 OZ
Property Address: 396-398 Church Street, 50 Gerrard Street East and 73-77 McGill Street
Municipality: City of Toronto
OLT Case No.: OLT-23-000700
OLT Lead Case No.: OLT-23-000700
OLT Case Name: 396 Church LP v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 396 Church LP
Subject: Application to amend the Zoning By-law – neglect to make a decision
Reference Number: 22 227435 STE 13 OZ
Property Address: 396-398 Church Street, 50 Gerrard Street East and 73-77 McGill Street
Municipality: City of Toronto
OLT Case No.: OLT-23-000701
OLT Lead Case No.: OLT-23-000700
Heard: October 20, 2023 by video hearing
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| 396 Church LP | David Bronskill |
| City of Toronto | Uttra Gautam Daniel Elmadany (in absentia) |
| McGill-Granby Village Residents’ Association | Kelly McDonald* |
MEMORANDUM OF ORAL DECISION DELIVERED BY BITA M. RAJAEE ON OCTOBER 20, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference ("CMC”) before the Tribunal with respect to appeals under sections 22(7) and 34(11) of the Planning Act (“Act”) by 396 Church LP (“Applicant”) resulting from the failure of the City of Toronto (“City”) to make a decision within the statutory timeframe on applications for an Official Plan Amendment (“OPA”) and a Zoning By-law Amendment (“ZBA”), pertaining to lands located at 396-398 Church Street, 50 Gerrard Street East, and 73-77 McGill Street in the City (“Subject Lands”).
2The purpose of the OPA and ZBA is to allow for the redevelopment of the Subject Lands with a 43-storey mixed-used development (“Proposal”).
3At the CMC, the Tribunal canvassed Counsel who confirmed that there was no issue with the service of the Notice of CMC. The Tribunal is in receipt of the Affidavit of Service, sworn by Renata Ribeiro on September 28, 2023, which was marked as Exhibit 1, and confirms that Notice was adequately provided. As such, no further notice is required.
PARTY / PARTICIPANT STATUS REQUESTS
4The Tribunal was tasked with adjudicating a number of status requests.
5The Tribunal received a Party Status request from the McGill-Granby Village Residents’ Association (“MGVRA”), who raised concerns with the Proposal. In a general sense, the concerns revolved around: the proposed vehicle exit onto McGill Street; the impact on parking on McGill and Granby Streets, and parking permits; planting trees on both McGill and Church Streets; and the transition of the proposed development to the existing Neighbourhood. Upon hearing submissions from MGVRA’s representative, and receiving no objection from the Parties, the Tribunal granted Party Status to MGVRA, as it has an interest in the matter, meets the “obvious factor” requirements for being a Party in this proceeding, and will assist the Tribunal in making a determination on the issues.
6The Tribunal received Participant Status requests from: Jennifer Rayner, Mary Eastwood, and Ontari Holdings Ltd. Ms. Rayner and Ms. Eastwood raised concerns with the proposal, which collectively revolved around: the proposed unsecured vehicular and service laneway exiting on McGill Street; the proposed location of the tenant entrance to the 43-storey tower; maintenance of trees on the street and a lack of effective replacement of trees by the Proposal; noise from the proposed amenity space; the proposed wall of the Proposal; concerns with shadows and parking; and the design of the 73-77 McGill portion of the Proposal. Ontari Holdings Ltd. is the owner of the property located directly across the Subject Lands, and has submitted its own OPA and ZBA Application to the City, seeking permission to develop a mixed-use purpose-built rental development. Thus, its interest in this matter was to ensure that, in its consideration of the Proposal, the Tribunal was aware of the relationship between the two future tall-building developments, specifically with respect to matters such as public realm, transportation, and servicing. The other Parties did not object to these Participant Status requests. The Tribunal found that those requesting Participant Status had an interest in the matter and would assist the Tribunal in understanding the potential impacts of the OPA, ZBA, and Proposal on the local community. As such, the Tribunal granted Participant Status to Jennifer Rayner, Mary Eastwood, and Ontari Holdings Ltd.
DRAFT PROCEDURAL ORDER AND ISSUES LIST
7The Parties did not provide a draft Procedural Order (“PO”) or Issues List (“IL”) prior to the CMC. As explained by the Applicant’s Counsel prior to the CMC, and agreed to by the City’s Counsel at the CMC, City Staff intended to provide an appeal report to the November meeting of Toronto and East York Community Council, which would then be considered by City Council at its meeting on December 13-15, 2023. This would then enable the City solicitor to confirm instructions and provide a draft IL. As such, the Parties requested that a second CMC be scheduled for sometime after this meeting, wherein they would present a draft PO and IL to the Tribunal.
8The Tribunal agreed and, as described below, a second CMC has now been scheduled. The Parties are directed to provide a draft PO and IL, or a status update, to the Tribunal, by January 11, 2024. The Applicant’s Counsel undertook to submit them to the Case Coordinator by that date.
MEDIATION AND SETTLEMENT
9The Tribunal raised the issue of opportunities for settlement discussions, including the use of Tribunal-assisted mediation. The Parties advised that, as this matter was still in the process of being considered by Council, it was not quite ready for mediation, but that it was likely that discussions among the Parties would be taking place.
10The Parties were directed to advise the Tribunal in writing should they reach a settlement with respect to some or all of the issues prior to the Hearing and, should they wish to pursue Tribunal-assisted mediation, they may make a written request to the Tribunal through the Case Coordinator for those services.
SECOND CMC
11As indicated above, the Parties requested that a second CMC be scheduled for sometime after the upcoming Council meeting, wherein procedural matters could be addressed.
12A second CMC has now been scheduled to take place by video hearing on Thursday, January 18, 2024, at 10 a.m.
13On that date, the Parties 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.
14The CMC is scheduled to proceed by video as follows:
GoToMeeting: https://global.gotomeeting.com/join/914098901
Access Code: 914-098-901
15Persons 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 914-098-901.
16Parties 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
17Individuals 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
18THE TRIBUNAL ORDERS as follows:
a. McGill-Granby Village Residents’ Association is now a Party in these proceedings.
b. The following are now Participants in these proceedings:
i. Jennifer Rayner;
ii. Mary Eastwood; and
iii. Ontari Holdings Ltd.
c. A second CMC is scheduled to proceed, by video hearing, on Thursday, January 18, 2024, at 10 a.m.
d. The Procedural Order and Issues List, or a status update to the Case Coordinator, are to be provided to the Tribunal by January 11, 2024.
19There will be no further notice.
20The Member is not seized but may be contacted through the Case Coordinator should procedural issues arise.
“Bita M. Rajaee”
BITA M. RAJAEE
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.