Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 22, 2023
CASE NO(S).: OLT-23-000818
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: 1240967 Ontario Inc. and Assessment Appeals Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To facilitate the development of a 29-storey residential building
Reference Number: 20 228056 NNY 06 OZ
Property Address: 3374 Keele Street
Municipality: City of Toronto
OLT Case No.: OLT-23-000818
OLT Lead Case No.: OLT-23-000818
OLT Case Name: 1240967 Ontario Inc. and Assessment Appeals Inc. v. Toronto (City)
Heard: November 14 2023 by video hearing
APPEARANCES:
Parties
Counsel
1240967 Ontario Inc.
Calvin Lantz
City of Toronto
Jason Davidson Ray Kallio (in absentia)
Starlight Investment CDN AM Group GP LP
Joe Hoffman
MEMORANDUM OF ORAL DECISION DELIVERED BY KURTIS SMITH ON NOVEMBER 14, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference (“CMC”) with respect to an Appeal filed by 12410967 Ontario Inc. (“Applicant”) regarding the failure of the Council of the City of Toronto (“City”) to make a decision on the Applicants application to amend the Zoning By-law.
2The Applicant proposes to redevelop the lands municipally known as 3374 Keele Street, in the City of Toronto (“Subject Property”) with a residential building consisting of 296 units in a podium design, being a 21-storey tower atop an 8-storey podium, for a building height of 29-storey.
PROCEDURAL MATTERS
3The Tribunal received and marked the Affidavit of Service of the Notice of CMC sworn by Ani Zhai as Exhibit 1. There were no issues with the service of Notice of the CMC, and as such, no further notice is required.
4Prior to the commencement of the CMC, the Tribunal was in receipt of one Party Status request and one Participant Status request.
5The Participant request was received from Downsview Lands Community Voice Association (“DLCVA”), a long-time local residents’ group that is a self-proclaimed park enthusiast that is concerned with Downsview Park, located across the street from the Subject Lands. DLCVA’s is primarily concern with the proposed development is transportation.
6The Party request was received from Starlight Investments CDN AM Group GP LP (“Starlight”). Starlight is the owner of the property located immediately north and west of the Subject Property municipally known as 3390 Keele Street. Starlight has initiated the process to redevelop their lands that currently comprise a 10-storey rental apartment building. Starlight has a direct interest in this matter as the proposed development could have an impact on their redevelopment plans.
7Given the direct interest of DLCVA and Starlight, the Tribunal granted Participant Status to DLCVA and Party Status to Starlight on consent of the Parties.
8The Tribunal raised the issue of opportunities for settlement discussions, including the Tribunal-assisted mediation. Should the Parties wish to pursue the Tribunal-assisted mediation, they may make a written request to the Tribunal through the Case Coordinator.
SECOND CASE MANAGEMENT CONFERENCE
9The Parties requested that a second CMC be scheduled with the intention to review and approve the Draft Procedural Order (“DPO”), including the Issues List (“IL”) and to schedule the merit hearing.
10The City informed the Tribunal that their IL will be approved by City Council by February 8, 2024. As such, the Tribunal advised that Thursday, February 15, 2024, at 10 a.m. by video, is available for the scheduling of the second CMC to this matter.
11The Tribunal directed the Parties to work collaboratively to supply the complete DPO and IL to the Case Coordinator on or before Tuesday, February 13, 2024.
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:
https://meet.goto.com/348282861
Access code: 348-282-861
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: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889. The access code is as indicated above.
15Individuals 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
16The Tribunal so orders and provides the above directives for the purposes of the case management of these proceedings.
“Kurtis Smith”
KURTIS SMITH
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.