Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 28, 2023
CASE NO(S).: OLT-23-000632
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Spire Properties Ltd.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the construction of a 24-storey mixed use building
Reference Number: 22 198781 STE 13 OZ
Property Address: 237 Victoria Street
Municipality: Toronto
OLT Case No.: OLT-23-000632
OLT Lead Case No.: OLT-23-000632
OLT Case Name: Spire Properties Ltd. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Spire Properties Ltd.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the construction of a 24-storey mixed use building
Reference Number: 22 198781 STE 13 OZ
Property Address: 237 Victoria Street
Municipality: Toronto
OLT Case No.: OLT-23-000633
OLT Lead Case No.: OLT-23-000632
Heard: November 20, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel/Representative*
Spire Properties Ltd.
D. Bronskill
M. Lakatos-Hayward (in absentia)
City of Toronto
D. Elmadany
St. Michael’s Hospital
J. Nehmetallah
M. Foderick (in absentia)
The Hospital for Sick Children
I. Tang
Youthdale Limited (“227 Victoria”)
J. Evola
S. Leisk (in absentia)
727017 Ontario Inc. (“221 Victoria”)
J. Evola
S. Leisk (in absentia)
1853569 Ontario Limited (“249
A. Platt
Victoria”)
Farag Properties Inc. (“215 Victoria”)
T. McRae
S. Zucchi (in absentia)
Sunwing Canada Inc. (“251 Victoria”)
M. Murugesu
K. Mullin (in absentia)
Yorkland Group Holdings Inc.
Vicki Rodgers*(Agent) on behalf of
Michael Cruickshank* (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY STEVEN T. MASTORAS ON NOVEMBER 20, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The matter before the Tribunal is a second Case Management Conference (“CMC”) for appeals pursuant to sections 22(7) and 34(11) of the Planning Act (“Act”) by Spire Properties Ltd. (“Appellant”) for the failure of the City of Toronto (“City”) to approve an Official Plan Application (“OPA”), and its refusal or neglect to make a decision regarding a Zoning By-law Application (“ZBA”) (together “the Appeals”). The property is known as 237 Victoria Street (“Subject Property”).
2The mixed-use proposal includes a tower consisting of an overall height of 24 storeys (75.4 metres (“m”) to the top of the roof, and 79 m to the top of mechanical) and a floorplate of 741 square metres (“m2”). The proposal will include a total of 256 residential dwelling units and a total gross floor area (“GFA”) of approximately 17,826 m2, including 17,410 m2 of residential GFA and 416 m2 of at-grade retail GFA fronting onto Victoria Street.
3The proposal also contemplates the development of the Subject Property with one mixed-use building along Victoria Street and Victoria Street Lane. The proposal will incorporate one 18-storey residential tower, including a six-storey podium (20.85 m) with residential units and active retail space at grade.
4The Subject Property falls within the boundaries of the Downtown Secondary Plan, which designates the property as Mixed Use Areas 1 - Growth. The Downtown Secondary Plan permits a tall building on the Subject Property and promotes higher density development in proximity to the existing and planned rapid transit stations.
PROCEDURAL ORDER, ISSUES LIST AND MEDIATION
5The Tribunal was provided a Draft Procedural Order (“DPO”) and Issues List (“IL”) the day of the second CMC, despite the original date for receipt, as directed from the first CMC, expected on or before November 13, 2023.
6The Parties advised the Tribunal that there were ongoing discussions attempting to scope the IL, and that some additional time is required to engage Tribunal-led mediation, with this effort in an attempt to resolve as many issues as possible prior to the scheduling of a contested hearing.
7Consent from all the Parties was confirmed, relating to the Appellant’s request for a further CMC in February 2024. The Tribunal is encouraged by these efforts, and after careful consideration of respective calendars, a further CMC is scheduled to commence on Wednesday, February 28, 2024 by video, at 10 a.m.
8Parties 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://global.gotomeeting.com/join/656004293
Access code: 656-004-293
9Parties 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
10Persons 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.
11Individuals 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.
12The Parties are also directed to submit an updated DPO and IL to the Case Coordinator on or before Tuesday, February 20, 2024 to assist in guiding the possible scheduling of a hearing at the discretion of the Tribunal.
ORDER
13THE TRIBUNAL ORDERS that:
a) A further Case Management Conference is scheduled to commence on Wednesday, February 28, 2024 by video at 10 a.m.
b) The Parties have been directed to provide an an updated Draft Procedural Order and Issues List to the Tribunal on or before Tuesday, February 20, 2024, to assist in guiding the scheduling of a hearing on this matter at the discretion of the Tribunal.
14There will be no further notice.
15The Member is not seized on this matter.
“Steven T. Mastoras”
STEVEN T. MASTORAS
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.