Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 15, 2023
CASE NO(S).: OLT-22-001990
PROCEEDING COMMENCED UNDER subsection 42(10) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant: 367 Howland Avenue Inc.
Description: Protest the levying of fees in respect of two new semi-detached laneway suites
Reference Number: 21-209353
Property Address: 367 and 369 Howland Avenue
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-22-001990
OLT Lead Case No.: OLT-22-001990
OLT Case Name: 367 Howland Avenue Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 42(10) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant: 367 Howland Avenue Inc.
Description: Protest the levying of fees in respect of two new semi-detached laneway suites
Reference Number: 21-209353
Property Address: 367 and 369 Howland Avenue
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-22-003337
OLT Lead Case No.: OLT-22-001990
PROCEEDING COMMENCED UNDER subsection 42(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant: 367 Howland Avenue Inc.
Description: Protest the levying of fees in respect of two new semi-detached laneway suites
Reference Number: 21-209353
Property Address: 367 and 369 Howland Avenue
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-22-003338
OLT Lead Case No.: OLT-22-001990
Heard: February 1, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel
367 Howland Avenue Inc.
Amber Stewart
City of Toronto
Michael Mahoney
MEMORANDUM OF ORAL DECISION DELIVERED BY S. BRAUN ON FEBRUARY 1, 2023 AND ORDER OF THE TRIBUNAL
1This was a first Case Management Conference (“CMC”) with respect to appeals brought by 367 Howland Avenue Inc. (“Applicant”) pursuant to s. 42(10) and 42(12) of the Planning Act1 (“Act”) against the decision by the City of Toronto (“City”) to require the payment of cash-in-lieu of parkland dedication in relation to the property at 367 and 369 Howland Avenue. The Applicant paid the foregoing under protest and launched this appeal, being of the view that the City’s appraised value of the subject property was “much higher than what a market valuation would dictate”.
2The Parties advised that they have been actively involved in settlement discussions which remain ongoing. While they remain hopeful that a settlement may be reached, out of an abundance of caution, they requested the Tribunal schedule a two-day hearing in late spring/early summer 2023. Accordingly, the Tribunal scheduled a two-day video hearing, which will commence at 10 a.m. on Thursday, July 6, 2023.
3Parties 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/519389173
Access Code: 519-389-173
4Parties 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.
5Persons 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: (Toll Free): 1-888-299-1889 or +1 (647) 497-9373. The access code is 519-389-173.
6Individuals 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.
7Counsel for the Applicant undertook to revise and resubmit a draft Procedural Order filed in accordance with the Tribunal’s directions no later than February 15, 2023.
8The Tribunal inquired as to whether there were any other matters to be addressed, which might assist in the fair, just and expeditious resolution of this matter. The Parties indicated there were none.
9There will be no further notice and this Member is not seized but may be available for case management should scheduling permit.
10It is so ordered.
“S. Braun”
S. Braun
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.
Footnotes
- R.S.O. 1990, c. P. 13, as amended.