CP REIT Ontario Properties Limited et al. v Toronto (city), 2023 CanLII 12216

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: February 14, 2023.

CASE NO(S).: OLT-22-003830

PROCEEDING COMMENCED UNDER section 17(24) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Appellant: CP REIT Ontario Properties Limited

Appellant: Danforth Euston Holdings Inc.

Appellant: Del Boca Vista Properties Inc.

Appellant: Maverick Development Corporation

Subject: Official Plan Amendment OPA 573

Reference Number: OPA 573

Property Address: (Danforth Avenue Study Area)

Municipality/UT: Toronto/Toronto

OLT Case No: OLT-22-003830

OLT Lead Case No: OLT-22-003830

OLT Case Name: CP REIT Ontario Properties Limited et al. v Toronto (city)

Heard: January 31, 2023, by Video

APPEARANCES:

Parties

Counsel

City or Toronto

M. Crawford

CP REIT Ontario Properties Limited

D. Bronskill (in absentia)

Z. Fleisher

Del Boca Vista Properties Inc.

201099 Ontario Inc.

Cathy Tsialtas

1079268 Ontario Inc.

1258338 Ontario Inc.

C. Lantz

Danforth Euston Holdings Inc.

M. Foderick (in absentia)

D. Angelucci

Maverick Development Corp.

K. Silwa (in absentia)

D. Betlej

Tzaf Developments Inc.

S. Leisk (in absentia)

A. Pilkington

85 Danforth Inc.

C. Tanzola (in absentia)

N. Ast

MEMORANDUM OF ORAL DECISION DELIVERED BY BRYAN W. TUCKEY ON JANUARY 31, 2023, AND ORDER OF THE TRIBUNAL

1The Ontario Land Tribunal (“Tribunal”) convened the first Case Management Conference (“CMC”) by video hearing for the above noted file. There are several appeals pursuant to s. 17(24) of the Planning Act and requests for Party status against the approval by the City of Toronto (“City”) of Official Plan Amendment (“OPA”) No. 573.

2The effect of the OPA is to enact Site and Area Specific Policy No. 772 (“SASP”) to provide planning policy and implementing urban design guidelines for Danforth Avenue extending from the Don Valley Parkway in the west to Coxwell Avenue in the east. This area is known as Segment 2 of the City initiated ‘Danforth Study’ completed by City staff.

3Danforth Avenue is a historic main street that is a neighborhood and regional destination. It is a key contributor to the quality of community life and the local economy by providing convenient, walkable opportunities for local shopping and public gathering spaces, as well as locations for small businesses to start up and thrive. The SASP intends to support its existing historic character and providing for future growth. Lands within the study area are well served by existing transit and the proposed Ontario Line is planned to connect with the existing Toronto Transit Commission Line 2 at the Pape Avenue Subway Station.

4The Affidavit of Service sworn December 14, 2022, is marked as Exhibit 1. No further notice is required.

5There are four registered appellants to this OPA, and all were represented by counsel at this CMC being:

1. CP REIT Ontario Properties Limited - 682 - 742 Broadview Avenue.

2. Del Boca Vista Properties Inc. - 658-668 Danforth Avenue

3. Danforth Euston Holdings Inc. - 975 Danforth Avenue

4. Maverick Development Corp. - 98 and 102 Danforth Avenue

6There are six requests for Party status in keeping with Rule 8.3 - Ontario Land Tribunal Rules of Practice and Procedure all requesting Non-Appellant Party Status being:

1. 201099 Ontario Inc. - 627 - 629 Danforth Avenue

2. Cathy Tsialtas - 636 – 638 Danforth Avenue

3. 1079268 Ontario Inc. - 635 Danforth Avenue

4. 1258338 Ontario Inc. - 730 Danforth Avenue

5. Tzaf Developments Inc. - 1030 Danforth Avenue

6. 85 Danforth Inc. - 85 Danforth Avenue

7All Counsel for those entities seeking Non-Appellant status are well aware of the content of Rule 8.3 which include: the need to shelter ‘under an issue in an appeal by an appellant party and may participate fully in the proceeding to the extent that the issue remains in dispute’, ‘a non appellant party has no independent status to continue an appeal should that appeal be withdrawn by an appellant party’ and ‘may not raise or introduce a new issue in this proceeding’.

8The City and all appellant parties consented to 201099 Ontario Inc, Cathy Tsialtas, 1079268 Ontario Inc., 1258338 Ontario Inc., Tzaf Developments Inc., and 85 Danforth Inc. be granted Non-Appellant Party status in this proceeding. The Tribunal approves.

9There are no requests for Participant status with respect to these proceedings.

10Mr. Crawford, Counsel for the City, provided background information as to the content of the OPA and its status with respect of these proceedings. He noted that on previous files Tribunal-led mediation has proven to be extremely effective and expressed a desire to enter into a similar process for this matter. Mr., Crawford advised all those in attendance that the City would be requesting the specific policy statements under dispute be identified and that the Parties would proffer alternative wording prior to a mediation to allow the City to review such wording.

11Not all Counsel that were present, have received direction from their clients with respect to mediation.

12The Tribunal directs that Counsel seek the necessary client direction and advise the City with respect of their participation in mediation.

13The City is fully aware of the process to initiate Tribunal-led mediation and may be seeking such in the near future.

14All parties requested a second CMC to either deal with a settlement on matters before the Tribunal or to bring forward a draft Procedural Order (with a fulsome Issues List) for consideration of the Tribunal and schedule a Merits Hearing in respect of OPA 573.

15The Tribunal is prepared to schedule a full day CMC commencing on Tuesday, August 8, 2023, at 10 a.m.

GoTo Meeting Link: https://global.gotomeeting.com/join/979388733

Audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1(888) 299-1889

Access code: 979-388-733

16A full day CMC will convene on Tuesday, August 8, 2023, at 10 a.m. by video hearing.

17Parties 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.

18Parties 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

19Persons 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, provided above.

20Individuals 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

21Accordingly, the Tribunal Orders:

1. A one-day Case Management Conference is to convene on Tuesday August 8, 2023.

2. 201099 Ontario Inc., Cathy Tsialtas, 1079268 Ontario Inc., 1258338 Ontario Inc. Tzaf Developments Inc., and 85 Danforth Inc. are granted Non-Appellant Party status.

22No further notice will be given.

23The Member is not seized.

“Bryan W. Tuckey”

BRYAN W. TUCKEY

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.