Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: November 28, 2023 CASE NO(S).: OLT-23-000424

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

Applicant/Appellant: Laing Sears Holdings Inc. Subject: Official Plan Amendment Description: To permit development of two 7-storey residential buildings consisting of total 227 residential units Property Address: 46, 46R, 48, 50, 52 and 52R Laing Street Municipality/UT: Toronto Municipal File No.: 22 242126 STE 14 OZ OLT Case No.: OLT-23-000424 OLT Lead Case No.: OLT-23-000424 OLT Case Name: Laing Sears Holdings 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: Laing Sears Holdings Inc. Subject: Zoning By-law Amendment Description: To permit development of two 7-storey residential buildings consisting of total 227 residential units Property Address: 46, 46R, 48, 50, 52 and 52R Laing Street Municipality/UT: Toronto Municipal File No.: 22 242126 STE 14 OZ OLT Case No.: OLT-23-000424 OLT Lead Case No.: OLT-23-000424 OLT Case Name: Laing Sears Holdings Inc. v. Toronto (City)

Heard: November 6, 2023 by Video Hearing

APPEARANCES:

Parties Laing Sears Holdings Inc. Counsel Joe Hoffman

Parties City of Toronto Counsel Ray Kallio Adam Ward (in absentia)

MEMORANDUM OF ORAL DECISION DELIVERED BY ASTRID J. CLOS ON NOVEMBER 6, 2023 AND ORDER OF THE TRIBUNAL

1This was the second Case Management Conference (“CMC”) convened with respect to appeals filed by Laing Sears Holdings Inc. (“Applicant/Appellant”) regarding the City of Toronto Council’s (“City”) failure to make a decision on an Official Plan Amendment (“OPA”) under s. 22(7) and a Zoning By-law Amendment (“ZBA”) under s. 34(11) of the Planning Act (“Act”) for the properties municipally addressed as 46, 46R, 48, 50, 52,and 52R Laing Street (“Subject Site”).

2The purpose of the OPA and ZBA is to permit the development of two seven-storey (7-storey) residential buildings with a combined total of 227 residential units. The Subject Site is a consolidation of six properties. The site is rectangular in shape and has an area of approximately 13,493 square metres.

PARTICIPANT STATUS REQUEST

3In response to the notice, the Tribunal received requests for Participant Status from Tarek Turk and Carl Calandra. The Tribunal is satisfied that these requests demonstrate an interest in this matter and with no opposition from the Parties granted these Participant Status requests.

DRAFT PROCEDURAL ORDER

4The Draft Procedural Order (“DPO”) submitted by the Parties, appended as Schedule 1, has been reviewed and is approved by the Tribunal.

MERIT HEARING

5The Tribunal canvassed the availability of Counsel with respect to scheduling a nine-day (9-day) Merit Hearing. The Tribunal then scheduled a 9-day Merit Hearing to proceed by video, commencing at 10 a.m. on Monday, June 10, 2024.

6Parties and Participants are asked to log in to the video hearing at least 15 minutes before the start of the event to test their video and audio connections:

https://meet.goto.com/677087597

Access code: 677-087-597

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) 497-9391 or Toll-Free 1-888-455-1389. The access code is 677-087-597.

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

MEDIATION

10Joe Hoffman, Counsel for the Applicant/Appellant, advised that the Parties are proceeding with independent mediation.

11The Parties were reminded that Tribunal-led mediation is available and that they may request this by contacting the Case Coordinator.

12Ray Kallio, Counsel for the City, advised the Tribunal that if a settlement is able to be reached, fewer Hearing dates for a Settlement Hearing may then be required. The Parties were requested to advise the Case Coordinator of any unneeded Hearing dates once this as known, to allow these dates to be released from the Tribunal calendar. Hearing dates are a scare resource and must be effectively allocated by the Tribunal.

ORDER

13The Tribunal orders that,

a. Tarek Turk and Carl Calandra are granted Participant status;

b. the Procedural Order appended as Schedule 1 is approved;

c. a 9-day Merit Hearing is scheduled to commence by video at 10 a.m. on June 10, 2024.

14The Member is not seized of this matter.

15No further notice will be provided.

“Astrid J. Clos”

ASTRID J. CLOS 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.

Schedule 1

CASE NO(S).: OLT-23-000424

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

Applicant/Appellant: Laing Sears Holdings Inc. Subject: Official Plan Amendment Description: To permit development of 7-storey and 4-storey residential buildings consisting of total 130 residential units Property Address: 46R, 50, 52 and 52R Laing Street Municipality/UT: Toronto Municipal File No.: 22 242126 STE 14 OZ OLT Case No.: OLT-23-000424 OLT Lead Case No.: OLT-23-000424 OLT Case Name: Laing Sears Holdings 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: Laing Sears Holdings Inc. Subject: Zoning By-law Amendment Description: To permit development of 7-storey and 4-storey residential buildings consisting of total 130 residential units Property Address: 46R, 50, 52 and 52R Laing Street Municipality/UT: Toronto Municipal File No.: 22 242126 STE 14 OZ OLT Case No.: OLT-23-000425 OLT Lead Case No.: OLT-23-000424 OLT Case Name: Laing Sears Holdings Inc. v. Toronto (City)

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 June 10, 2024 at 10:00 a.m. at: https://meet.goto.com/677087597

3. The Parties’ initial estimation for the length of the hearing is 9 days. 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. The procedural order deadlines are generally found in Attachment 1.

4. Parties and Participants identified at the Case Management Conference are listed in Attachment 2 to this Order. See Attachment 5 for the meaning of these terms.

5. The issues are set out in the Issues List attached as Attachment 3. With the exception of removal or narrowing issues, there will be no changes to this list unless the Tribunal permits, and/or the Parties consent to the changes, 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 4 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 should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining 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 and the order in which they will be called. This list must be delivered on or before March 4, 2024 and in accordance with paragraph 23 below. A Party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.

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 December 31, 2023. 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 a meeting on or before March 12, 2024 and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before March 27, 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 14 below. 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 14.

13. 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 14 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 14 below.

14. On or before April 11, 2024, the Parties shall provide copies of their witness and expert witness statements to the other Parties and to the OLT Case Coordinator and in accordance with paragraph 23 below.

15. On or before April 11, 2024, a Participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 23 below. A Participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

16. On or before April 11, 2024, the parties shall confirm with the Tribunal if all the reserved Hearing dates are still required.

17. On or before May 13, 2024, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 23 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

18. Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence within twenty (20) days after the evidence is received and in accordance with paragraph 23 below.

19. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before May 31, 2024.

20. 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.

21. 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.

22. The Parties shall prepare and file a preliminary hearing plan with the Tribunal on or before June 3, 2024 with a proposed schedule for the Hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the Hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.

23. All filings shall be submitted electronically and in hard copy. 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.

24. No adjournments nor delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.

This Member is not seized.

So orders the Tribunal.

ATTACHMENT 1

SUMMARY OF DATES

DATE EVENT

December 31, 2023 Last date to provide copies of revised proposal, including all revised plans and drawings (if any)

March 4, 2024 Exchange of witness lists (names, disciplines and order to be called)

March 12, 2024 Experts Meeting

March 27, 2024 Agreed Statement of Facts

April 11, 2024 Parties to confirm with the Tribunal if all the reserved Hearing dates are still required

April 11, 2024 Exchange of Witness Statements, summoned witness outlines, Expert Reports and Participant Statements

May 1, 2024 Exchange of Reply Witness Statements (if any)

May 13, 2024 Exchange of visual evidence (if any)

May 31, 2024 Preparation of Joint Document Book

June 3, 2024 Hearing Plan filed with the Tribunal

June 10, 2024 Hearing commences

ATTACHMENT 2

LIST OF PARTIES/PARTICIPANTS

PARTIES

1. Laing Sears Holdings Inc. Joe Hoffman jhoffman@goodmans.ca 416.597.5168

2. City of Toronto Ray Kallio and Adam Ward, City of Toronto Legal Services ray.kallio@toronto.ca / adam.ward@toronto.ca 416.297.4063 / 416.394.2787

PARTICIPANTS

1. Tarek Turk

2. Carl Calandra

ATTACHMENT 3

ISSUES LIST

NOTE: The identification of an issue on the Issues List does not constitute an acknowledgement by the OLT or any party that such issue, or the manner in which the issue is expressed, is either appropriate or relevant to the determination of the OLT at the hearing. The extent to which these issues are appropriate or relevant to the determination of the OLT will be a matter of evidence at the hearing or in a motion, as necessary. The identification of an issue on this list by a party indicates that party’s intent to lead evidence or argue that the issue is relevant to the proceeding, for the purpose of fairly identifying to the other parties the case they need to meet and shall not be construed as the OLT having jurisdiction over such matters in each circumstance. Accordingly, no party shall advance an issue not identified on the Issues List without leave of the OLT.

CITY OF TORONTO ISSUES

Planning Act

1. Does the proposed development have regard to matters of provincial interest including having regard to Section 2 of the Planning Act, in particular subsections (j), and (r)?

2. Does the proposed development have appropriate regard for the decision of City Council, and any information and material received by City Council as required by Section 2.1 of the Planning Act?

Provincial Policy Statement, 2020

3. Is the proposal consistent with the following policies of the Provincial Policy Statement, 2020:

a. Building Strong Communities (1.0), in particular 1.1.1(b);

b. Housing (1.4), in particular 1.4.3 (a);

c. Public Spaces (1.5), in particular 1.5.1 (a);

d. Long-Term Economic Prosperity, in particular 1.7.1 (b) and (e); and

e. Implementation and Interpretation (4.0), in particular, 4.2 and 4.6?

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

4. Does the proposal conform to the following policies of the Growth Plan:

a. Guiding Principles (1.2.1);

b. Managing Growth (2.2.1), in particular, 2.2.1.4 (c) and (e); and

c. Housing (2.2.6), in particular, 2.2.6.1 (a)(i) and 2.2.6 (3)?

City of Toronto Official Plan

5. Does the proposal conform to the following policies of the City of Toronto Official Plan:

a. Healthy Neighbourhoods (2.3.1), in particular, 2.3.1.4 and 2.3.1.7 (a);

b. The Public Realm (3.1.1), in particular, 3.1.1.2 (d) and (e), 3.1.1.12, 3.1.1.13 (a) and (c);

c. Built Form (3.1.3), in particular, 3.1.3.3, 3.1.3.5, 3.1.3.6, 3.1.3.8 and 3.1.3.9;

d. Built Form – Building Types, Mid-rise Buildings (3.1.4.4);

e. Housing (3.2.1), in particular, 3.2.1.1 and 3.2.1.12;

f. Parks and Open Spaces (3.2.3); and,

g. Neighbourhoods (4.1) and Apartment Neighbourhoods (4.2)

Design Guidelines

6. Does the development have appropriate regard to the applicable City of Toronto Mid-rise Building Performance Standards?

7. Does the development have appropriate regard to the applicable City of Toronto Townhouse and Low-Rise Apartment Guidelines?

Site-specific issues

8. Does the proposal provide appropriate:

9. site organization, including pedestrian and vehicular access on the development site;

10. adequate landscaping and streetscaping on the development site and along the public realm;

11. building setbacks, upper-storey stepbacks, height and building massing;

12. consideration for the public realm; and,

13. mitigation against user conflicts and adequate separation from the public park?

14. Does the proposed development provide sufficient soil volumes to support the Toronto Green Standard?

15. Does the proposed development comply with the City's private and public (street) tree planting requirements?

16. Does the proposal fit with the existing established residential context and does it represent good planning and good urban design?

Public interest

12. Are the proposed Official Plan Amendment and Zoning By-law Amendment good planning and in the public interest?

Conditions

13. If the proposed development is approved in whole or in part, should the Tribunal's Order be withheld until the following conditions are satisfied and the Tribunal receive confirmation from the City Solicitor that:

a. the final form and content of the draft Official Plan Amendment is to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

b. the final form and content of the draft Zoning By-law is to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

c. the required plans and studies have been revised to the satisfaction of the Chief Planner and Executive Director, City Planning, the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Transportation Services, the General Manager, Solid Waste Management Services, Director, Urban Forestry, Tree Protection and Plan Review, and the General Manager, Parks, Forestry and Recreation with revisions, as may be necessary, implemented as part of the amending Zoning By-law(s), to the satisfaction of the Chief Planner and Executive Director, City Planning;

d. should one or more existing rental units be confirmed on-site, the Owner has provided an acceptable Tenant Relocation and Assistance Plan to address Official Plan Policies 3.2.1.6, as applicable, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning; and

e. should six or more existing rental units be confirmed on-site, City Council has approved a Rental Housing Demolition application under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to permit the demolition of the existing rental dwelling units on the lands and the Owner has entered into, and registered on title an agreement pursuant to Section 111 of the City of Toronto Act, 2006 to secure all rental-housing related matters necessary to implement City Council’s decision, including replacement rental housing and an acceptable Tenant Relocation and Assistance Plan to address Official Plan Policies 3.2.1.6, as applicable.

ATTACHMENT 4

ORDER OF EVIDENCE

1. Laing Sears Holdings Inc.
2. City of Toronto
3. Laing Sears Holdings Inc. in reply (if any)

ATTACHMENT 5

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.

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