Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 28, 2023
CASE NO(S).: OLT-23-000941
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Marlin Realty Ltd. v. Toronto (City)
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of a 38-storey mixed-use building containing 399 dwelling units
Reference Number: 22 225744 STE 19 OZ
Property Address: 8 Dawes Road
Municipality: City of Toronto
OLT Case No.: OLT-23-000941
OLT Lead Case No.: OLT-23-000941
OLT Case Name: Marlin Realty Ltd. v. Toronto (City)
Heard: December 14, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel
Marlin Realty Ltd.
Michael Foderick Daniel Angelucci (in-absentia)
City of Toronto
Michael Mahoney Jason Davidson (in-absentia) Laura Bisset (in-absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY GREGORY J. INGRAM ON December 14, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference (“CMC”) concerning Marlin Realty Ltd.’s (“Appellant”) Appeal due to the City of Toronto’s (“City”) failure to make a decision on an application for a Zoning-By-law amendment (“ZBA”) under s. 34(11) of the Planning Act, R.S.O. 1990 (“Act”) as amended and within the timeframes prescribed in the Act.
2The application to the City seeks to build a 38-storey mixed-use building at 8 Dawes Road (“Subject Property”) that is primarily residential and consisting of three, two and single-bedroom units while also including commercial and other non-residential uses. The development proposes to provide above-ground parking for automobiles and spaces for bicycle parking.
3The property is currently vacant and located on the east side of Dawes Road and south of Danforth Avenue. The City’s Official Plan (“OP”) designates the property within the Mixed-Use Areas which are intended to accommodate growth.
4The ZBA is being sought to rezone the Subject Property to Commercial Residential (CR) in the City of Toronto Zoning By-law No. 569-2013. Within the CR Zone dwelling units within an Apartment Building and a variety of commercial uses are permitted with some with conditions.
5The Affidavit of Service was sworn on September 28, 2023, and confirms that notice was served. The Affidavit of Service, which was marked as Exhibit 1, and on the consent of the Parties, it was determined that no further notice is required.
STATUS REQUESTS
6The Tribunal received five (5) Party status requests:
a. Canadian Tire Corporation, Ltd., 2681 Danforth Avenue, Toronto.;
b. 6 Dawes Fitzrovia Inc., 6 Dawes Road, Toronto;
c. Jacob’s Tent Inc., 2575 and 2625 Danforth Avenue, Toronto;
d. Minto (Dawes) GP Inc., 9-25 Dawes Road, Toronto; and
e. Tri-Metro Investments Inc., 2721 Danforth Avenue, Toronto.
7In summary, the Party status applicants indicated that they have each had extensive involvement in the planning processes for the area near the Appellant’s property. In particular, they were actively involved in the Official Plan Amendment No. 478 process with the City of Toronto.
8Counsel for the Appellant indicated support for the applications, and said that they are “appropriate and helpful” to the process. The City also supported their applications.
9On consent of the Parties, and in light of their obvious interest and involvement in the planning process involving the proposed development, the individual companies/organizations listed in paragraph six were granted Party status by the Tribunal.
10One Participant request was received from Cindy Ly. Ms. Ly expressed concerns related to building height, and its impact on her residence. In particular, she is concerned about shadowing, privacy, and security. She also indicated that there are plans for other high-rise buildings in the area that will further impact her “quality of life.”
11On consent of the Parties, and in light of the proximity of her residence to the Subject Property, Ms. Ly was granted Participant Status by the Tribunal.
MEDIATION
12Counsel for the Appellant indicated that there has not been an opportunity at this point to discuss mediation related to this application but felt that it was a possibility in the future. Counsel for the City indicated that it would be premature at this point as he has not received direction from the City Council at this point. This was also the consensus of the other Parties added during the hearing.
HEARING PLANNING
13The Tribunal heard submissions from the Parties regarding the next steps concerning this Appeal. In summary, there was support among the Parties to schedule a ten-day hearing in the summer of 2024 as proposed by Counsel for the Appellant. It was suggested that scheduling a CMC conference in mid-February 2024 would support the process as it would provide Counsel for the City time to receive instruction from the City Council at their February meeting, give the newly added Parties time to further study the development proposal, and for a draft Procedural Order (“PO”) and Issues List (“IL”) to be created for consideration by the Tribunal.
14Regarding witnesses, Counsel for the Appellant indicated that a primary issue may be related to building height and anticipated calling a land use planner and architect as witnesses. The newly added Parties indicated that it is too soon to confirm a final number of witnesses, but could anticipate calling witnesses with expertise in planning, transportation, wind, servicing, and urban design.
15Counsel for the City felt that a Hearing date could be set following the Council meeting in February but did not oppose the plan proposed above.
16The Tribunal directs that a Video Hearing of the Merits be scheduled for ten days, to commence on Monday, July 22, 2024, at 10 a.m.
17In preparation for the July 22 Hearing, the Tribunal also directs that a second CMC be scheduled for Tuesday, February 27, 2024, beginning at 10 a.m. by Video. A draft PO/IL on consent of the Parties is due to the Tribunal on or before Friday, February 16, 2024. At the second CMC, Parties are expected to provide an update to the Tribunal, revisit mediation opportunities and confirm the number of witnesses and days required for the July hearing.
18The Hearings are scheduled to proceed by video as follows:
Tuesday, February 27, 2024, at 10 a.m.
GoToMeeting: https://global.gotomeeting.com/join/638422541
Access code: 638-422-541
Audio-only telephone line: (Toll-Free) 1 888-299-1889 or +1 (647) 497-9373
Audio-only access code: 638-422-541
Monday, July 22, 2024 – Friday, August 2, 2024, at 10 a.m.
GoToMeeting: https://meet.goto.com/370987861 Access code: 370-987-861 Audio-only line: (Toll-Free) 1-888-455-1389 or +1 (647) 497-9391 Audio-only access code: 370-987-861
19Parties 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:
20Parties 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
21Persons 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:
22Individuals 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 Video Hearing 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
23THE TRIBUNAL ORDERS THAT:
The following entities are granted Party status: Canadian Tire Corporation, Limited, 6 Dawes Fitzrovia Inc., Jacob’s Tent Inc., Minto (Dawes) GP Inc. and Tri-Metro Investments.
Participant status is granted to Cindy Ly.
The Parties shall deliver a draft Procedural Order to the Tribunal on or before Friday, February 16, 2024.
The second Case Management Conference shall commence on Tuesday, February 27, 2024. by Video as per the details set out above.
The Hearing of this case shall commence on Monday, July 22, 2024, at 10 a.m. by Video.
“Gregory J. Ingram”
GREGORY J. INGRAM
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.