Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 20, 2023
CASE NO(S).: OLT-22-002749 Formerly MM170097
PROCEEDING COMMENCED UNDER subsection 41(4) of the Ontario Heritage Act, R.S.O. 1990, c. O.21.
Appellant: 1107051 Ontario Ltd.
Appellant: 1572653 Ontario Inc.
Appellant: 1758173 Ontario Ltd.
Appellant: 19 Duncan Property Inc.; and others
Subject: Heritage Conservation District Plan
Description: To designate King-Spadina as a Heritage Conservation District
Reference Number: By-Law 111-2017
Property Address: All lands subject to By-law No. 1111-2017
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-22-002749
Legacy Case No: MM170097
OLT Lead Case No: OLT-22-002749
Legacy Lead Case No: MM170097
OLT Case Name: Bandet v. Toronto (City)
Heard: September 13, 2023 by video hearing
APPEARANCES:
Parties
Counsel
City of Toronto
C. Barnett M. Longo
Multiple Appellants
Refer to Attachment 1 for Appearances by Appellants
MEMORANDUM OF ORAL DECISION DELIVERED BY HUGH S. WILKINS ON SEPTEMBER 13, 2023, AND ORDER OF THE TRIBUNAL
1This decision arises from a Case Management Conference (“CMC”) held on September 13, 2023 regarding multiple appeals against the adoption by the City of Toronto (“City”) of By-law No. 1111-2017 designating the King-Spadina Heritage Conservation District (“KSHCD”).
2A list of Appellant appearances for this CMC can be found in Attachment 1 to this Order and Decision.
3At the CMC, the Parties requested on consent, and the Tribunal approved, the following:
- the recognition of a new Attachment 3 and Attachment 4 to the Procedural Order, which updated the issues and Appellants;
- the recognition of an updated Appellant Index;
- the attaching to this Decision of an updated Appendix F (which is contained in the KSHCD Plan) listing approvals to which the Plan does not apply;
- recognition by the Tribunal that there are additional appellants being classified in the same manner as those recognized in Paragraph 9 of the Tribunal’s Decision, dated February 8, 2023.
4As noted in subparagraph 3(4) above, the Tribunal was informed that the following additional parties to appeals to the KSHCD and KSHCD Plan are not participating in the hearing of the merits other than to ensure that Attachment 2 to this Order and Decision, being Appendix F included in the KSHCD Plan, is approved providing transition for the associated development applications of the specified appellants below. For clarity, the appellants in these appeals are not calling any evidence on issues or seeking changes to the KSHCD Plan. The additional appeals are:
- Appeal 22: 214 King Holdings Limited;
- Appeal 23: Dundeal 212 King (GP) Inc.;
- Appeal 33B: DevGreat Inc.; and,
- Appeal 72: Constantine Enterprises Inc. and its subsidiary C. Squared Properties 580 King Inc.
5At the CMC, several Appellants requested an amendment to paragraph 21 of the Procedural Order changing the due date for the delivery of any proposed modifications to the KSHCD Plan from October 6, 2023 to October 20, 2023. The City initially objected. It argued that such an amendment would cause it prejudice by not providing City staff with sufficient time to review, consult, and report on the proposed modifications before the November 2023 City Council meeting at which instructions on these matters were expected to be given. After some discussion, the Parties agreed to a change of the due date in paragraph 21 of the Procedural Order from October 6, 2023 to October 13, 2023.
ORDER
6The Tribunal Orders that Attachment 2 to this Order and Decision is approved as the updated Appendix F to the King-Spadina Heritage Conservation District Plan.
7The Tribunal Orders that the Procedural Order for these proceedings is amended by changing due date in paragraph 21 from October 6, 2023 to October 13, 2023.
“Hugh S. Wilkins”
Hugh S. Wilkins VICE-CHAIR
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.
ATTACHMENT 1
ATTACHMENT 2