Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 14, 2023
CASE NO(S).: OLT-22-004328
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: BV Realty Partners GP Inc. & Trolleybus Urban Developments
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the development of a 26-storey residential building and a 6-storey base building
Reference Number: 22 114201 WET 05 OZ
Property Address: 1-9 Oxford Drive
Municipality/UT: City of Toronto
OLT Case No.: OLT-22-004328
OLT Lead Case No.: OLT-22-004328
OLT Case Name: BV Realty Partners GP Inc. & Trolleybus Urban Developments 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: BV Realty Partners GP Inc. & Trolleybus Urban Developments
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of a 26-storey residential building and a 6-storey base building
Reference Number: 22 114201 WET 05 OZ
Property Address: 1-9 Oxford Drive
Municipality/UT: City of Toronto
OLT Case No.: OLT-22-004329
Heard: February 9, 2023, by video hearing
APPEARANCES:
Parties
Counsel
Trolleybus Urban Developments and BV Realty Partners GP Inc.
Rodney Gill
City of Toronto
Michelle LaFortune
MEMORANDUM OF ORAL DECISION DELIVERED BY DAVID BROWN ON FEBRUARY 9, 2023, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal convened a Case Management Conference (“CMC”) in respect of the appeals filed by Trolleybus Urban Developments and BV Realty Partners GP Inc. (the “Appellant”) against the City of Toronto’s (the “City”) failure to make a decision on an application to Amend the Official Plan and the Zoning By-law within the timeframes prescribed in the Planning Act, R.S.O. 1990, c. P. 113, as amended.
2The lands that are the subject of the applications are municipally known as 1 through 9 Oxford Drive (the “Subject Lands”) and the proposal is to redevelop the Subject Lands with a residential building comprising of 26 storeys with a six storey base podium. The building proposes 278 residential units, a Floor Space Index of 12.1 and 95 parking spaces.
3An Affidavit of Service attesting to the giving of Notice for this proceeding was filed and marked as Exhibit 1.
4No requests for Status were received by the Tribunal.
5Mr. Gill advised that the City has not provided an Issues List as Counsel for the City is waiting for direction from City Council. He explained that the Appellant has had discussions with the City and they anticipate that a five day hearing will be required to address the anticipated issues. Mr. Gill noted that the City is pursuing the approval of a Secondary Plan for the Mount Dennis area which is currently before the Tribunal. The Subject Lands are within the secondary plan area and the Appellant is a Party in those proceedings. The matter is the subject of Tribunal-led mediation.
6Ms. LaFortune advised that the City will have the Issues List finalized by the end of the month and requested that the scheduling of the hearing not occur until after the mediation event in respect of the Mount Dennis Secondary Plan, which is scheduled for April of this year, has taken place.
7The Parties advised that they will continue to work together to narrow issues or remove issues with the goal of finding a settlement of this matter.
8The Tribunal scheduled a second CMC to be conducted by Telephone Conference Call on Thursday, March 2, 2023, at 9:00 a.m. for the purpose of reviewing an Issues List and scheduling a merit hearing.
9Individual(s) are directed to call 416-212-8012 or Toll Free 1-866-633-0848 on the assigned date at the correct time. When prompted, enter the code 4779874 to be connected to the call. It is the responsibility of the person(s) participating in the call to ensure that they are properly connected to the call and at the correct time. Questions prior to the call may be directed to the Tribunal’s Case Coordinator having carriage of this case.
10The Tribunal directs that the Parties provide a draft Procedural Order and Issues List to the Tribunal no later than Tuesday, February 28, 2023.
11This Member is seized of the matter for the purposes of the scheduled CMC.
12There will be no further notice required.
“David Brown”
DAvid Brown
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.