Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 1, 2023
CASE NO(S).: OLT-22-003838
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: 1136974 Ontario Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit 699 apartment and townhouse units containing retail and a relocated EMS Station
Reference Number: 16 129328 WET 05 OZ
Property Address: 4195 Dundas Street W
Municipality/UT: City of Toronto
OLT Case No: OLT-22-003838
OLT Lead Case No.: OLT-22-003838
OLT Case Name: 1136974 Ontario Inc. v. Toronto (City)
Heard: October 3, 2022 by Video Hearing
APPEARANCES:
Parties
Counsel
1136974 Ontario Inc.
Luke Johnston Michael Nemanic
City of Toronto
Mark Crawford
Kingsway Park Ratepayers Inc.
David. N. Germain (Katyrina Zielinski)
MEMORANDUM OF ORAL DECISION DELIVERED BY JATINDER BHULLAR ON OCTOBER 3, 2022, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) for the above noted matter. 1136974 Ontario Inc. (“Applicant”) has filed an appeal against the City of Toronto’s (“City”) failure to make a decision for a Zoning By-law Amendment pursuant to s. 34(11) of the Planning Act. The subject property is known municipally as 4221-4195 Dundas Street West and 564-556 Prince Edward Drive in the City.
2The application under the appeal is to facilitate a proposed building of 699 residential dwelling units.
3The Affidavit of Service sworn September 3, 2022 was marked as Exhibit 1.
Party Status Request
4Kingsway Park Ratepayers Inc. (“KPRI”) requested party status. The Applicant opposed the KPRI request for lack of justification as policy-based planning issues were not substantially identified by KPRI. The counsel for KPRI informed that he has just been retained and fully understands the Applicant’s concerns. KPRI sought the Applicant’s and the Tribunal’s consideration in this regard. While reluctant to do so, given the identification of issues by KPRI counsel at this CMC regarding excessive height, density and neighbourhood context as well as plans to call evidence through a qualifiable land use planning witness, the Tribunal granted KPRI party status. KPRI was cautioned that wholesome participation is expected in the possible development of the draft Procedural Order (“PO”).
5The Applicant also informed that there is a possibility that they will have to seek an Official Plan Amendment as well. If such needs to be processed, it will be reviewed, if appealed to the Tribunal, at the second CMC.
Updates
6The City informed that there is an outstanding concern about the potential purchase of a discontinued EMS station that could impinge the proceedings in this matter. However, the City also informed that they do not plan to raise any motion to defer processing of this matter pending resolution of the same. The City took ownership of the issues and promised to update the Tribunal at the second CMC.
7The Tribunal reviewed the development of a PO by the Applicant. There was consensus between the parties that at this first CMC all the planning issues have not been fully detailed and that the PO shall be provided prior to the second CMC for review and finalization. The second CMC should also afford the Tribunal to set up a hearing date in the matter.
Mediation
8The Tribunal inquired about the likelihood of Mediation to which counsels stated they are open to the same but will have to see where private discussions lead them in view of the recent submissions for an OPA.
DISPOSITION
9The Tribunal will schedule a CMC pursuant to the Parties’ request. Parties will update the Tribunal on the status of discussions and the appeal at the CMC.
10The Tribunal directs that the Parties submit a Procedural Order with an Issues List to the Case Coordinator prior to the second CMC.
CASE MANAGEMENT
11A second CMC is scheduled to commence on Friday, April 21, 2023, by video hearing at 10 a.m.
12Parties 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:
GoTo Conference Link: https://meet.goto.com/278736685
Audio-Only Line: 1 888 455 1389 (Toll Free) or +1 (647) 497-9391
Access code: 278-736-685
13Parties 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
14Persons 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 as mentioned above.
15Individuals 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 events may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
16The Tribunal Orders that:
Kingsway Park Ratepayers Inc. is granted party status;
A Case Management Conference will commence at 10 a.m. by video hearing on Tuesday, February 21, 2023; and,
The Parties are to forward a draft Procedural Order with the Issues List to the Case Coordinator prior to February 21, 2023.
17No further notice will be given.
18This Member is not seized but may be reached for case management purposes prior to the second CMC.
“Jatinder Bhullar”
JATINDER BHULLAR
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.