123 Wynford Inc. v Toronto (city), 2023 CanLII 106653

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: November 08, 2023

CASE NO(S).: OLT-23-000355

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant/Appellant: 123 Wynford Inc.

Subject: Request to amend the Official Plan – Failure to adopt the requested amendment

Reference Number: 22 184095 NNY 16 OZ

Property Address: 123 Wynford Drive (123 Wynford Drive)

Municipality/UT: Toronto/Toronto

OLT Case No.: OLT-23-000355

OLT Lead Case No.: OLT-23-000355

OLT Case Name: 123 Wynford Inc. v Toronto (city)

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

Applicant/Appellant: 123 Wynford Inc.

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

Reference Number: 22 184095 NNY 16 OZ

Property Address: 123 Wynford Drive (123 Wynford Drive)

Municipality/UT: Toronto/Toronto

OLT Case No.: OLT-23-000356

OLT Lead Case No.: OLT-23-000355

Heard: October 24, 2023 by Video Hearing

APPEARANCES:

Parties

Counsel/Representative*

123 Wynford Inc. ("Applicant")

David Bronskill

City of Toronto ("City")

Jessica Amey

National Association of Japanese Canadians (Greater Toronto Chapter)

Sarah Spitz

Toronto and Region Conservation Authority

Barbara Montgomery

Don Mills Residents Inc. ("Residents Association")

Allan McKellar*

MEMORANDUM OF ORAL DECISION DELIVERED BY JEAN-PIERRE BLAIS ON OCTOBER 24, 2023 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This is the second Case Management Conference (“CMC”) in this matter. The Applicant filed appeals against the City for its failure to make a decision pursuant to s. 22(7) and s. 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended. The Subject Property is known municipally as 123 Wynford Drive, in the City.

DRAFT PROCEDURAL ORDER

2Prior to the second CMC, Counsel for the Applicant circulated a Draft Procedural Order to the Parties, which was filed with the Tribunal.

3There were no objections from the Parties concerning the Draft Procedural Order, including the Issues List. Counsel for the Applicant undertook to provide the Tribunal with a finalized Draft Procedural Order by Tuesday, October 31, 2023, which was filed on October 28, 2023.

4The Parties agreed that nine days should be set aside for a Hearing on the Merits (“Merit Hearing”) of this matter. The Residents Association indicated that they did not intend to present evidence put otherwise intend to participate in the Proceeding through cross-examination and submissions. The Parties also informed the Tribunal that there is a prospect of settlement on some of the issues, and that they intend to seek the assistance of private mediation.

HEARING

5Given the number of Parties and the evidence to be considered, the Tribunal held that a nine-day Merit Hearing was reasonable in the circumstances and directed that it commence at 10 a.m. on Thursday, May 9, 2024 to Friday, May 24, 2024, by Video Hearing. The Tribunal also directed that it will not sit on Monday, May 13, Tuesday, May 14 and Monday, May 20, 2024. The Tribunal’s Procedural Order provides for a mechanism to inform the Tribunal, on a timely basis, if fewer than nine days are required for the Merit Hearing.

6Parties are asked to log in to the Video Hearing at least 15 minutes before the start of the even to test their video and audio connections:

https://global.gotomeeting.com/join/687587165

Access code: 687-587-165

7Parties 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

8Persons 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 the same as the access code noted above.

9Individuals 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 events may be directed to the Tribunal’s Case Coordinator having carriage of this case.

ORDER

10THE TRIBUNAL ORDERS its directions as set out in this Decision.

11THE TRIBUNAL FURTHER ORDERS that the Procedural Order, including the Issues List, attached as Schedule 1 to this Order, is approved.

“Jean-Pierre Blais”

JEAN-PIERRE BLAIS

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.

SCHEDULE 1

PROCEDURAL ORDER

1. The Tribunal may vary or add to the directions in this Procedural Order at any time by an oral ruling or by another written order, either on the parties’ request or its own motion.

Organization of the Hearing

2. The video hearing will begin on May 9, 2024, at 10:00 a.m. The hearing will not occur on May 13,14 and May 20, 2024.

3. The length of the hearing is nine (9) days. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.

4. The parties and participants are set out in Attachment 1. See Attachment 4 for the meaning of these terms.

5. The issues are set out in the Issues List attached as Attachment 2. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.

6. The order of evidence shall be as set out in Attachment 3 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.

7. Any person intending to participate in the hearing shall provide a mailing address, email address and a telephone number to the Tribunal as soon as possible. Any person who retains a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.

8. Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website.

Requirements Before the Hearing

9. A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of the witnesses, the expert witness(es)' curriculum vitae and Acknowledgment of Expert Duty form(s), and the order in which the witnesses will be called. This list must be delivered on or before January 12, 2024. For expert witnesses, a party is to identify the area of expertise in which the witness is proposed to be qualified. Any challenges to the witness, including qualifications of a witness to give opinion evidence in the area of expertise proposed shall be made by motion in accordance with the Tribunal’s Rules of Practice and Procedure and notice of same must be served on the parties on or before January 26, 2024.

10. If the applicant intends to seek approval of a revised proposal at the hearing, the applicant shall provide copies of the revised proposal, including all revised plans, drawings, proposed instruments, and updated supporting documents and reports to the other parties on or before January 5, 2024. The applicant acknowledges that any revisions to the proposal after that date without the consent of the parties may be grounds for a request to adjourn the hearing.

11. Expert witnesses in the same field shall have at least one meeting before the hearing to try to resolve or reduce issues for the hearing. The experts shall prepare a list of any agreed facts and the remaining issues to be addressed at the hearing and provide this list to all of the parties and the Tribunal on or before February 20, 2024.

12. An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 13. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony. For greater certainty, each expert witness statement must comply with the minimum content requirements specified in Rule 7 of the Tribunal’s Rules of Practice and Procedure. If the expert witness has prepared any report(s) that they intend to rely on at the hearing, and which did not form part of the submissions made to the City, such report(s) shall be provided to the parties at the same time as the delivery of witness statements, as in paragraph 12.

13. A witness or participant must provide to the Tribunal and the parties a witness statement or participant statement, respectively, on or before March 4, 2024, or the witness may not give oral evidence at the hearing. Participants are only permitted to provide written evidence to the Tribunal, except as permitted by the Ontario Land Tribunal Act, 2021 and the Tribunal's Rules of Practice and Procedure.

14. Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s evidence as in paragraph 12.

15. On or before March 4, 2024, the parties shall provide copies of their witness statements and expert witness statements (full disclosure including reports) to the other parties.

16. On or before March 25, 2024, the parties may provide to all other parties a written response to any written evidence.

17. On or before March 29, 2024, the parties shall advise the Tribunal if any hearing dates are to be released from the hearing calendar (if any). On or before April 8, 2024, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

18. On or before April 8, 2024, the parties shall provide copies of their visual evidence to all of the other parties. The Tribunal and all parties shall be notified if a model will be used, and all parties must have a reasonable opportunity to view it before the scheduled commencement of the hearing.

19. A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.

20. A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.

21. On or before April 8, 2024, the parties shall prepare and file a detailed Work Plan that identifies the following, at a minimum: the identified parties participating in the Hearing Event, preliminary matters (if any to be addressed), the date a witness is intended to attend the Tribunal, the identified witness name/expertise, and the approximate time allotted for Examination in Chief, Cross Examination and any re-examination (if any) (the “Work Plan”). The Work Plan should be adhered to guide the Hearing Event to the best ability of all the parties, and any and all witnesses shall be available on the identified date(s), unless otherwise directed by the Tribunal. The Tribunal may, at its discretion, change or alter the Work Plan throughout the Hearing Event.

22. The parties shall prepare a Joint Document Book on or before April 19, 2024, and which, if requested by the Tribunal, one (1) hard copy will be filed with the Tribunal as soon as practicable in advance of the Hearing. All parties must be served with the Joint Document Book in paper or an accessible electronic format in accordance with paragraph 23.

23. All filing of documents and materials shall be electronic to the Tribunal, the parties and participants (if any). The Tribunal will be provided a hard copy of documents and materials in advance of the hearing event as soon as practicable should it request same. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7. All documents to be filed with the Tribunal shall be organized, tabbed and digitally searchable and such materials will be filed in accordance with directions contained in the Tribunal’s Video Hearing Guide, or as may be amended. Paragraph 23 applies both if the hearing event is in-person or electronic.

24. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness or as permitted in paragraph 10. The Tribunal’s Rule 17 applies to such requests.

25. The Tribunal may conduct mediation on consent of all parties, on consent of those parties who wish to participate in mediation, or if the Tribunal sees fit.

26. The purpose of this Procedural Order and the meaning of the terms used in this Procedural Order are set out in Attachment 4.

SUMMARY OF DATES

DATE

EVENT

January 5, 2024

Last date to provide copies of revised proposal, including all revised plans and drawings (if any)

January 12, 2024

Exchange of witness lists (names, disciplines and order to be called)

January 26, 2024

Last date to challenge identification of expert witness

February 20, 2024

Experts meeting prior to this date

February 20, 2024

Agreed Statement of Facts

March 4, 2024

Exchange of Witness Statements, summoned witness outlines, Expert Reports and Participant Statements

March 25, 2024

Exchange of Reply Witness Statements (if any)

March 29, 2024

Parties to Advise Tribunal if any hearing dates are to be released from the hearing calendar (if any)

April 8, 2024

Exchange of visual evidence (if any)

April 8, 2024

Final Work Plan filed with the Tribunal

April 19, 2024

Finalize Joint Document Book

May 9, 2024

Hearing commences

ATTACHMENT 1 PARTIES/PARTICIPANTS

Parties

1. 123 Wynford Inc. David Bronskill (416) 597-4299 dbronskill@goodmans.ca

2. City of Toronto Laura Bisset (416) 392-8782 laura.bisset@toronto.ca

Jessica Amey

(416) 397-1890

jessica.amey@toronto.ca

3. Toronto and Region Conservation Authority Barbara Montgomery (416) 417-8275 barbara.montgomery@trca.ca

4. Don Mills Residents Inc.

Allan McKellar (416)-447-3012 allan_mckellar@yahoo.ca

5. Greater Toronto Chapter, National Association of Japanese Canadians Sarah Spitz (416) 317-9726 sarah@raymanharris.com

Participants

1. Abdula, Abdallah (416) 386-0250 abdallah.abdula@gmail.com

2. Chear, Fee Lin 416-895-6139 feelin.chear@gmail.com

3. Cheng, Lulu 416-818-6286 lulumcheng@gmail.com

4. Gravlin-Nishimura, Barb (647) 482-4402 barb.gravlin@yahoo.com

5. Horta, Sergio sergio.horta@gmail.com

6. MacFarlane, Richard 416-484-4560 rnmacfarlane@gmail.com

7. Mawson, Arlene 416-489-6775 arlenemawson1@gmail.com

8. McMahon, J.E.J. 416-281-6209 jmcmahon349@hotmail.com

9. Miao-Glass, Irene 416-422-4327 imiaoglass@gmail.com

10. Momin, Fazal 902-877-6600 fazal.momind25@gmail.com

11. Rejvani, Niloofar 416-999-7177 ninarejvani@rogers.com

12. Savoie, Erik 416-294-0139 erik.savoie@hotmail.com

13. Singh, Iris (416) 435-1480 irissingh2@gmail.com

14. The Toronto Japanese Garden Club Representative: Kurata, Christiona 416-873-9416 kuratachris@gmail.com

15. Vidhani, Salman (647) 525-7616 salmanvidhani@gmail.com

ATTACHMENT 2 ISSUES LIST

City of Toronto

Planning Act

1. Do the proposed Official Plan and Zoning By-law Amendments have appropriate regard for the matters of provincial interests as set out in Section 2 of the Planning Act, including subsections 2(a), (d), (f), (h), (i), (j), (n), (p), (q) and (r)?

2. Would the approval by the Tribunal of the proposed Official Plan and Zoning By-law Amendments have regard for any information and material received by City Council, in accordance with Subsection 2.1(2) of the Planning Act?

Provincial Policy Statement (2020)

3. Are the proposed Official Plan and Zoning By-law Amendments consistent with the Provincial Policy Statement (2020), including policies 1.1.1. b) c) e) g) and h), 1.1.3.2 a), b), e), and f), 1.1.3.3., 1.1.3.6., 1.1.3.7., 1.2.1, 1.4.3 b) 2, c), d), e) and f), 1.5.1 a), b), and d), 1.6.1 b), 1.6.6, 1.6.7, 1.7, 1.8, 2.1.2, 2.6.1, 3.1.1 b), 3.1.7 and 4.6?

A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020)

4. Do the proposed Official Plan and Zoning By-law Amendments conform with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020), including policies 1.2.1, 2.2.1.4, 2.2.2.3., 2.2.4.9, 2.2.6 1 a) and b), 2.2.6.3, 3.2.1.1, 3.2.1.2., 3.2.2, 3.2.5, 3.2.7, 3.2.8, 4.2.2.3, 4.2.5.1, 4.2.5.2, 4.2.7, 5.2.5?

City of Toronto Official Plan

5. Is the proposed amendment to the Official Plan consistent with the general intent of the Official Plan?

6. Does the proposed Zoning By-law Amendment conform with the policies of the City of Toronto Official Plan, including the policies related to:

(a) Structuring Growth in the City (Policy 2.2.2);

(b) Healthy Neighbourhoods (Section 2.3.1, 2.3.2);

(c) Bringing the City Together, Transportation (Section 2.4);

(d) Public Realm (Section 3.1.1);

(e) Built Form (Sections 3.1.3, and 3.1.4);

(f) Heritage Conservation (Section 3.1.6)

(g) Housing (Section 3.2.1);

(h) Parks and Open Spaces (Section 3.2.3);

(i) Natural Environment (Section 3.4);

(j) Mixed Use Areas (Section 4.5); and

(k) Implementation (Sections 5.1.1, 5.1.2, 5.3.1, 5.3.2, 5.6)?

Heritage Conservation

7. Does the proposed development conserve the cultural heritage values, attributes and character of the existing property?

Built Form, Height, Massing and Density

8. Is the site organization and built form of the proposed development appropriate and consistent with applicable policies and relevant guidelines, including:

(a) Are the proposed building configurations/orientations, heights, tower floorplates, massing, setbacks, step backs and separation distances appropriate?

(b) Does the proposal provide an appropriate transition to surrounding land uses and built form?

(c) Is the amount and location of amenity space appropriate for the development?

(d) Are the shadow impacts from the proposed development acceptable?

(e) Are the wind impacts from the proposed development acceptable?

(f) Is the proposed density of 9.9 times the area of the lot appropriate?

9. Does the proposed development have appropriate regard for, and meet the intent and purpose of, the applicable City of Toronto Guidelines and standards, particularly:

(a) Tall Building Design Guidelines;

(b) Growing Up: Planning for Children in New Vertical Communities;

(c) Pet Friendly Design Guidelines for High Density Communities; and

(d) Toronto Green Standard?

Servicing

10. Has it been demonstrated that there are adequate municipal services in place to support the proposed development? Is there adequate sanitary, storm and water capacity available to allow for adequate water pressure, and appropriate stormwater and groundwater management?

Natural Heritage System

11. How should the proposed development be re-organized to achieve an adequate set back from the top-of-bank of the ravine?

12. Does the proposed ravine stewardship plan adequately examine and propose opportunities for ravine stewardship and restoration of the lands within the area below top-of-bank within the ravine and within the associated buffer?

Parking, Loading and Transportation Demand Management

13. Is the proposed parking supply appropriate?

14. Is the proposed loading supply appropriate?

15. Do the proposed Official Plan and Zoning By-law Amendments meet the requirements of the Toronto Green Standard, particularly as these relate to AQ 1.1 Single-Occupant Auto Vehicle Trips (Transportation Demand Management measures), AQ 1.2 LEV and Sustainable Mobility Spaces, AQ 1.3 Electric Vehicle Infrastructure, and AQ 3.2 Sidewalk Space?

Public Interest and Good Planning

16. Do the proposed Official Plan and Zoning By-law Amendments provide for good planning and good urban design and are they in the public interest?

Conditions

17. If the proposal is approved in whole or in part, should the Tribunal's Order be withheld until the following conditions are satisfied, and the Tribunal has received confirmation from the City Solicitor that:

(a) the final form and content of the proposed Official Plan Amendment are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

(b) the final form and content of the proposed Zoning By-law(s) are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

(c) the Owner has at its sole cost and expense:

(i) addressed all outstanding issues raised by Engineering and Construction Services in their memorandum dated May 23, 2023, or as may be updated, as they relate to the applications to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

(ii) provided a revised Traffic Impact Study, including acceptable Transportation Demand Measures (TDM), to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Transportation Services, and the Chief Planner and Executive Director, City Planning Division;

(iii) submitted a Functional Servicing Report and Stormwater Management Report, including the Foundation Drainage Report ("Engineering Reports") to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water;

(iv) secured the design and provision of financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Engineering Reports, to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water, should it be determined that improvements or upgrades are required to support the development, according to the accepted Engineering Reports;

(v) addressed all outstanding issues raised by Urban Forestry, Ravine and Natural Feature Protection, as per their memorandum dated June 5, 2023, and as may be updated, as they relate to the applications, to the satisfaction of the Supervisor, Ravine and Natural Feature Protection;

(vi) addressed all uncomfortable and unsafe wind conditions on the site and adjacent public realm;

(vii) submitted a revised Heritage Impact Assessment that includes a conservation strategy for the on-site heritage resource and landscape at 123 Wynford Drive, to the satisfaction of the Chief Planner and Executive Director, City Planning;

(viii) submitted a Heritage Permit application to alter the property at 123 Wynford Drive, in accordance with Section 33 of the Ontario Heritage Act, to the satisfaction of the Chief Planner and Executive Director, City Planning;

(ix) entered into a Heritage Easement Agreement with the City for the property at 123 Wynford Drive to the satisfaction of the Chief Planner and Executive Director, City Planning, including execution and registration of such agreement to the satisfaction of the City Solicitor; and

(x) provided a detailed Conservation Plan for the subject heritage property, prepared by a qualified heritage consultant, that is substantially in accordance with the conservation strategy set out in the revised Heritage Impact Assessment, to the satisfaction of the Chief Planner and Executive Director, City Planning?

Toronto and Region Conservation Authority

1. Is the proposed development, Official Plan and Zoning By-law Amendment consistent with Section 3.1, Natural Hazards, of the Provincial Policy Statement (2020)?

2. Does the proposed development, Official Plan and Zoning By-law Amendment conform with the policies of the City of Toronto Official Plan with respect to the Natural Environment (3.4) Policies 3.4.8(a) and (c)?

3. Has the appropriate buffer from the stable top of bank been provided and will the buffer and valley be conveyed to public ownership?

4. Is the setback proposed to the above and below grade structure from the lands to be conveyed to public ownership sufficient to allow for a future access for maintenance purposes or should it be a minimum of 3.0 metres?

5. Have the technical comments in Appendix 1 of TRCA’s letter of July 18, 2023 been addressed?

Don Mills Residents Inc.

6. Do the applications and proposed development, or any proposed modifications thereto, represent good planning?

7. Is the density proposed by the development, or any proposed modifications thereto, appropriate for the area – particularly with regard to other recently approved developments in the immediate proximity?

8. Are there sufficient community amenities and services to accommodate the density and population resulting from this development, or any proposed modifications thereto – particularly with regard to other recently approved developments in the immediate proximity?

9. Is a secondary planning exercise and/or a Focused Area Study, appropriate for the area, including the subject property in order to guide future development?

(a) Specifically should the Focused Area Study approved by the City for this area apply to this development proposal?

(b) Should the application be held in abeyance until that Focused Area Study is complete?

10. Should the Japanese Canadian Cultural Heritage Centre, including its architectural and cultural heritage components, be retained as part of the proposed development or any proposed modifications thereto?

(a) If so, how should the Japanese Canadian Cultural Heritage Centre be retained as part of the development or any proposed modifications thereto?

11. Should a community gathering space, such as a community centre or other amenity area, be included in the proposed development or any modifications thereto?

12. What conditions would be appropriately placed on approval of the proposed development, or any modifications thereto?

(a) When should such conditions be required to be fulfilled?

13. Should a Construction Liaison Committee be established as a condition of the development?

(a) Who should be included as community representatives on that Community Liaison Committee?

National Association of Japanese Canadians

General

1. Do the applications and proposed development, or any proposed modifications thereto, represent good planning;

Urban Design and Built Form

2. Do the applications or any proposed modifications to the applications conform to the City of Toronto Official Plan, including but not limited to policies 1, 2, and 3 of section 3.1.2, section 3.1.3, 7, 8, 9, 10, 11 and 12 of section 3.1.4, section 3.2.1 and section 3.3;

3. Do the applications, or any proposed modifications to the applications, meet the general intent of the City of Toronto’s Urban Design Guidelines, including but not limited to:

(a) Tall Building Urban Design Guidelines

(b) Complete Streets Guidelines

(c) Privately-Owned Publicly Accessible Spaces (POPS) Urban Design Guidelines

(d) Toronto Accessibility Design Guidelines

(e) Growing Up Urban Design Guidelines

Public Realm, Community Services and Facilities

4. Do the applications, or any modifications to the applications, include adequate public realm resources and community services and facilities – including (but not limited to) childcare and school facilities;

5. Do the applications, or any modifications to the applications, meet the directives of establishing a complete community;

6. Do the applications, or any proposed modifications to the applications, conform to the Growth Plan for the Greater Golden Horseshoe (2019), including but not limited to policies 2.2.1.4, 3.2.8 and 4.2.5;

7. Are the applications, or any proposed modifications to the applications, consistent with the Provincial Policy Statement (2020), including but not limited to policies 1.5, 1.6.1, 1.6.2, 1.6.3, 1.6.4, and 1.6.5;

8. Is the density proposed by the development, or any proposed modifications thereto, appropriate for the area – particularly with regard to other recently-approved developments in the immediate proximity;

9. Are there sufficient community amenities and services to accommodate the density and population resulting from this development, or any proposed modifications thereto – particularly with regard to other recently-approved developments in the immediate proximity;

10. Should a community gathering space, such as a community centre or other amenity area, be included in the proposed development or any modifications thereto;

11. What conditions would be appropriately placed on approval of the proposed development, or any modifications thereto;

(a) When should such conditions be required to be fulfilled;

Heritage Impacts

12. Are the applications, or any modifications to the applications, consistent with policies 2.6.1, 2.6.3 and 2.6.4 of the Provincial Policy Statement (2020);

13. Do the applications, or any modifications to the applications, conform to the Growth Plan for the Greater Golden Horseshoe (2019), including but not limited to policy 4.2.7.1;

14. Do the applications, or any modifications to the applications, conform to the City of Toronto Official Plan, including but not limited to policies 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 17, 21, 22, 23, 24, 25, 26, 27, 28, 29 of section 3.1.6;

15. Should the original Japanese Canadian Cultural Centre, including its architectural and cultural heritage components, be retained as part of the proposed development or any proposed modifications thereto;

(a) If so, how should the original Japanese Canadian Cultural Centre be retained as part of the development or any proposed modifications thereto;

(b) Should a community consultation occur with respect to the retention of the original Japanese Canadian Cultural Centre;

(c) Should there be a further Heritage Impact Assessment; and

(d) Should a Heritage Property Conservation Plan be required to address in detail the conservation treatments for the Property.

ATTACHMENT 3 ORDER OF EVIDENCE

1. 123 Wynford Inc.

2. City of Toronto

3. Toronto and Region Conservation Authority

4. Don Mills Residents Inc.

5. Greater Toronto Chapter, National Association of Japanese Canadians

6. 123 Wynford Inc. in reply (if any)

Attachment 4 Meaning of terms used in the Procedural Order

A party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other parties, and making submissions on all of the evidence. An unincorporated group cannot be a party and it must appoint one person to speak for it, and that person must accept the other responsibilities of a party as set out in the Order. Parties do not have to be represented by a lawyer and may have an agent speak for them. The agent must have written authorisation from the party.

NOTE that a person who wishes to become a party before or at the hearing, and who did not request this at the case management conference (CMC), must ask the Tribunal to permit this.

A participant is an individual or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a party may do so). Section 17 of the Ontario Land Tribunal Act states that a person who is not a party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A participant may also be asked questions by the parties should the Tribunal direct a participant to attend a hearing to answer questions on the content of their written submission.

A participant must be identified and be accorded participant status by the Tribunal at the CMC. A participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A participant cannot ask for costs, or review of a decision, as a participant does not have the rights of a party to make such requests of the Tribunal.

Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party or participant intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.

Visual evidence includes photographs, maps, videos, models, and overlays which a party or participant intends to present as evidence at the hearing.

A witness statement is a short written outline of the person’s background, experience and interest in the matter; a list of the issues which he or she will discuss ; and a list of reports or materials that the witness will rely on at the hearing.

An expert witness statement should include his or her (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness’ opinions on those issues and the complete reasons supporting their opinions and conclusions and (5) a list of reports or materials that the witness will rely on at the hearing. An expert witness statement must be accompanied by an acknowledgement of expert’s duty.

A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a statement of the participant’s position on the appeal; a list of the issues which the participant wishes to address and the submissions of the participant on those issues; and a list of reports or materials, if any, which the participant wishes to refer to in their statement.

Additional Information

A summons may compel the appearance of a person before the Tribunal who has not agreed to appear as a witness. A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons through a request. (See Rule 13 on the summons procedure.) The request should indicate how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the information provided in the request that the evidence is relevant, necessary or admissible, the party requesting the summons may provide a further request with more detail or bring a motion in accordance with the Rules.

The order of examination of witnesses is usually direct examination, cross-examination and re-examination in the following way:

• direct examination by the party presenting the witness;

• direct examination by any party of similar interest, in the manner determined by the Tribunal;

• cross-examination by parties of opposite interest;

• re-examination by the party presenting the witness; or

• another order of examination mutually agreed among the parties or directed by the Tribunal.