Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 27, 2023
CASE NO(S).: OLT-23-000697
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: SLH Lakeshore Inc.
Subject: Zoning By-law Amendment Application – failure to make a decision
Description: To permit a mixed-use development of two residential towers of 38 and 43 storeys containing 899 dwelling units above a 4-storey mixed-use podium
Reference Number: 22 204512 STE 14 OZ
Municipality: City of Toronto
Property Address: 685 Lake Shore Boulevard East
OLT Case No.: OLT-23-000697
OLT Lead Case No.: OLT-23-000697
OLT Case Name: SLH Lakeshore Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: SLH Lakeshore Inc.
Subject: Site Plan Control Application – failure to approve
Description: To permit a mixed-use development of two Residential towers of 38 and 43 storeys containing 899 dwelling units above a 4-storey mixed-use podium
Reference Number: 22 204511 STE 14 SA
Municipality: City of Toronto
Property Address: 685 Lake Shore Boulevard East
OLT Case No.: OLT-23-000698
OLT Lead Case No.: OLT-23-000697
OLT Case Name: SLH Lakeshore Inc. v. Toronto (City)
Heard: November 17, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel
SLH Lakeshore Inc. (“SLH”)
Eileen Costello, Jasmine Fraser
City of Toronto (“City”)
Sarah O'Connor, Lauren Pinder
115 Saulter South LP (“Saulter”)
Anne Benedetti
MEMORANDUM OF ORAL DECISION DELIVERED BY WILLIAM MIDDLETON ON NOVEMBER 17, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference (“CMC”) held in this matter which arises from applications filed by SLH to the City seeking certain planning permissions with respect to a proposed mixed-use development of two residential towers of 38 and 43 storeys containing 899 dwelling units above a 4-storey mixed-use podium on a property located at 685 Lake Shore Boulevard East in the City (“Subject Site”). The Affidavit of Service of the Notice of the CMC of Ms. Natalie Hickey sworn October 27, 2023 was made Exhibit 1 at the CMC conducted by Video Hearing.
STATUS REQUESTS
2Saulter sought Party status, and its counsel advised the Tribunal that the Saulter Lands are located immediately south of the Subject Site, on the East side of Saulter Street, North of Commissioners Street, within the Port Lands. Both the Saulter Lands and the Subject Lands are located within the McCleary District under the Central Waterfront Secondary Plan (the “Secondary Plan”), which provides direction for coordinated planning for each District. Accordingly, the Saulter Lands are addressed in the context plan and in other materials submitted by SLH Lakeshore in support of the Applications. Given the immediate adjacency of the Saulter Lands and the Subject Site, counsel for Saulter contended that Saulter has a direct interest in the appeals, including with respect to matters such as the built form relationship between the two properties and coordination of infrastructure, among other things.
3Counsel for SLH and the City advised that they consent to the granting of Party status to Saulter, and the Tribunal agrees that Saulter has an obvious interest in the planning proposals for the Subject Site and ought to be granted Party status.
4Hydro One Networks Inc. (“Hydro One”) originally sought Party status, and its counsel advised the Tribunal that Hydro One owns and operates high voltage underground transmission assets, operating at 115,000 volts, which are located within the municipal road allowances surrounding the Subject Site. Depending on the outcome of this appeal proceeding, the configuration of the road network in the area may change, which may require modifications to Hydro One’s existing assets from their current locations. Hydro One’s interest in the proceeding is rooted in ensuring safe and reliable delivery of electricity to its customers within the Port Lands and the larger City of Toronto. Hydro One may seek any exclusions or make submissions relating to issues arising that may adversely impact, whether directly or indirectly, its assets and affect service delivery and reliability.
5However, Hydro One’s counsel advised that after discussions with counsel for SLH that Hydro One would be content with Participant status at this stage.
6Finally, Tepfam Holdings Inc. (“Tepfam”) also sought Party status, and its counsel advised the Tribunal that Tepfam is the registered owner of the property municipally known as 280 Commissioners Street in the City of Toronto (the "Commissioners Lands"). The Commissioners Lands are located immediately south of the Subject Site, on the East side of Saulter Street and located along Commissioners Street within the Port Lands. Both the Saulter Lands and the Subject Lands are located within the McCleary District under the Central Waterfront Secondary Plan (the "Secondary Plan"), which provides direction for coordinated planning for each District. Accordingly, the Commissioners Lands are addressed in the context plan and in other materials submitted by SLH Lakeshore in support of the Applications. Given the immediate adjacency of the Commissioners Lands and the Subject Lands, Tepfam’s counsel maintained that it has a direct interest in the appeals, including with respect to matters such as the built form relationship between the two properties and coordination of infrastructure among other things.
7Counsel for SLH would not consent to Tepfam’s request, pointing out that it was unclear what issues Tepfam intended to raise and suggesting that, for the time being, Tepfam should instead be granted Participant status. Tepfam’s counsel agreed with this proposal, requesting however that it be permitted to renew its request for Party status at the subsequent CMC to be scheduled in this proceeding. The City took no position on this aspect.
8The Tribunal agreed that Tepfam should be made a Participant at this juncture given the proximity of its property as described in paragraph six ([6]) above.
9There were no other requests for either Participant or Party status made at this CMC.
PROCEDURAL MATTERS
10All Parties were in agreement that a further CMC should be held soon with a view to discussing and hopefully finalizing the procedural requirements for this matter. The Tribunal agreed and has scheduled a second CMC to take place.
11The second Case Management Conference is scheduled to proceed by video on Thursday, February 01, 2024 at 10:00 a.m.
12Parties and Participants are asked to log in to the Hearing by video at least 15 minutes before the start of the event to test their video and audio connections:
https://global.gotomeeting.com/join/692665589
Access code: 692-665-589
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 in to an audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889. The access code is 692-665-589.
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.
16The Parties further agreed that a draft Procedural Order should be submitted prior to the second CMC, although counsel for the City noted that it might still be premature at that juncture to schedule Hearing dates.
17The Parties also agreed that they will be considering the request for a mediation assessment from the Tribunal’s Mediation Coordinator at some time in the first quarter of 2024 in an effort to explore the full or partial resolution of this proceeding.
ORDER
18THE TRIBUNAL ORDERS THAT:
(a) 115 Saulter South LP shall be granted Party status in this proceeding;
(b) Hydro One Networks Inc. and Tepfam Holdings Inc. shall each be made Participants in this proceeding, although both shall be permitted to renew their requests for Party status at the second Case Management Conference, which shall be held on February 01, 2024, as detailed in paragraphs [10] to [15] above; and
(c) The Parties shall deliver prior to the second Case Management Conference a draft Procedural Order that clearly delineates any matters of disagreement.
19This Vice-Chair shall remain available to assist the Parties with ongoing Case Management matters, subject to the Tribunal’s calendar.
“William Middleton”
WILLIAM MIDDLETON
VICE-CHAIR
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.