Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 01, 2023
CASE NO(S).: OLT-22-002424
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Timbertrin (Guildwood) GP Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: ZBA to permit 4 mixed-use buildings
Reference Number: 21 138377 ESC 24 OZ
Property Address/Description: 4121 Kingston Road
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-22-002424
OLT Lead Case No.: OLT-22-002424
OLT Case Name: Timbertrin (Guildwood) GP Inc. v. Toronto (City)
Heard: October 18, 2023 by video hearing ("VH")
APPEARANCES:
| Parties | Counsel |
|---|---|
| Timbertrin (Guildwood) GP Inc. ("Applicant/Appellant") | Rodney Gill David Bronskill (in absentia) |
| City of Toronto ("Toronto") | Mark Crawford |
| Metrolinx | Christie E. Gibson |
MEMORANDUM OF ORAL DECISION DELIVERED BY KURTIS SMITH ON October 18, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the third Case Management Conference ("CMC") regarding this appeal. The background of this matter was summarized by Member Braun in her Decision dated June 28, 2022 and need not be reiterated.
2The intent of the CMC was to either request to convert to a settlement hearing, failing which, to finalize the Procedural Order ("PO") and Issues List ("IL").
CASE UPDATE
3Rodney Gill, Counsel for the Applicant/Appellant provided the Tribunal with a status update on settlement negotiations with Toronto and Metrolinx.
4On July 19, 2023, Toronto Council approved the settlement plans from the Applicant/Appellant which will now see the development of two midrise buildings being 12 and 13 storeys, and two taller buildings at 29 and 38 storeys containing a total of 1029 residential units.
5The redesign includes an alteration of the road network which seems to be one of the last stumbling blocks to finalizing a settlement agreement with Metrolinx. The other obstacle is to ensure the continued and undisturbed operation of the Guildwood GO Station.
6Metrolinx has been working diligently with the Applicant/Appellant to come to a settlement and is seeking to find the settlement resolution approved at the November Metrolinx Board Meeting or be in the process of a settlement agreement approval.
FOURTH CASE MANAGEMENT CONFERENCE
7Due to the uncertainty of the position of Metrolinx and after a significant amount of discussion and contemplation, the Tribunal set a fourth CMC to commence on Thursday, December 14, 2023, at 10 a.m. by Video Hearing.
8The Applicant/Appellant is to provide the Case Coordinator with an update and agenda for the CMC on or before Friday, December 8, 2023.
9During the fourth CMC the Tribunal expects one of the following events to transpire:
- A full settlement has been reached and a request to convert the CMC to a settlement hearing is received with all settlement materials provided to the Tribunal on or before December 8, 2023;
- A settlement agreement with Metrolinx is inevitable and the Parties will request a written settlement hearing be scheduled; or
- A settlement with Metrolinx can not be reached and the draft PO and IL will be updated and finalized to govern the proceedings of the merit hearing previously scheduled to commence on February 5, 2024.
10The CMC is scheduled to proceed by video on Thursday, December 14, 2023 at 10 a.m.
11Parties 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://meet.goto.com/370987861
Access code: 370-987-861
1Parties 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
2Persons 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) 1-888-455-1389 or +1 (647) 497-9391. The access code is same as above.
3Individuals 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
12The Tribunal Orders its decisions and directives as contained in this Decision.
"Kurtis Smith"
KURTIS SMITH
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.