Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 01, 2023
CASE NO(S).: OLT-22-004574
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 2806275 Ontario Inc. 2478443 Ontario Inc. 2469882 Ontario Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: permit a 35-storey mixed-use building with 472 residential units’ residential units of which 53 are rental replacement units
Reference Number: 21 235591 NNY 08 0Z
Property Address: 836 and 838 Roselawn Avenue and 131 Lyon Court
Municipality/UT: Toronto
OLT Case No.: OLT-22-004574
OLT Case Name: 2806275 Ontario Inc.,2478443 Ontario Inc., and 2469882 Ontario Inc. v. Toronto
Heard: February 23, 2023 by video hearing
APPEARANCES:
Parties Counsel
2806275 Ontario Inc. 2478443 Ontario Inc. 2469882 Ontario Inc. (“Applicant/Appellant”) J. Hoffman
City of Toronto A. Hill
MEMORANDUM OF ORAL DECISION DELIVERED BY ASTRID J. CLOS AND T.F. NG ON FEBRUARY 23, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference (“CMC”) for a property municipally addressed as 836-838 Roselawn Avenue and 131 Lyon Court, City of Toronto (“City”) with respect to an appeal brought pursuant to section 34(11) of the Planning Act (“Act”) by 2806275 Ontario Inc., 2478443 Ontario Inc. and 2469882 Ontario Inc. (“Applicant/ Appellant”) due to the failure of council to make a decision within the legislated timeframe.
2The subject property is an “L” shaped parcel with an area of approximately 3,222 square metres with frontage on both Roselawn Avenue and Lyon Court.
3The property consists of three assembled parcels with existing two 4 storey buildings and one 2 storey building. These existing buildings contain 53 residential units and one commercial unit.
4The purpose of this zoning amendment application is to permit a mixed-use development with a maximum building height of 35 storeys, 472 residential units (including 53 replacement rental units) and at-grade commercial.
5The sworn Affidavit of Service related to Notice and dated January 23, 2023 was marked as Exhibit 1.
PARTY/PARTICIPANT STATUS
6In response to the Notice, the Tribunal received no written requests for Party or Participant status at that time.
DRAFT PROCEDURAL ORDER AND ISSUES LIST
7The parties provided a Draft Procedural Order (“DFO”) on consent and counsel advised that the complete DPO could be provided to the case coordinator no later than Friday, May 19, 2023. Counsel for the Applicant/Appellant will co-ordinate and provide these items to the Tribunal by the appointed date. If this date cannot be achieved, Counsel for the Applicant/Appellant is requested to advise the case coordinator as soon as this is reasonably known.
8The Tribunal scheduled a second Case Management Conference for Friday, June 2, 2023. This is to enable parties to provide a status update to the Tribunal and for parties to finalize the Procedural Order.
9The parties were in agreement that a ten (10) day hearing would be sufficient for a contested hearing. Counsels for the parties jointly requested hearing dates to be fixed in 2024. The Tribunal scheduled a ten (10) day merit hearing from Monday, March 11, 2024 to Friday, March 22, 2024. It is important that the parties advise the case coordinator if a proposed settlement is reached to allow all or some of the merit hearing dates to be released. The Tribunal hearing dates are an important resource that must be respected and effectively allocated.
MEDIATION
10The parties advised that they are open to settlement discussions. The Parties indicated that they are aware of the availability of Tribunal-led mediation. Parties also advised that they are aware that they may request this mediation at their convenience.
CASE MANAGEMENT CONFERENCE
11The Tribunal directs that a second Case Management Conference is scheduled to commence by video on Friday, June 2, 2023 for one (1) day.
12On Friday, June 2, 2023, at 10 a.m., Parties 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:
https://global.gotomeeting.com/join/765631861
Access code: 765-631-861
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: +1 (647) 497-9391 or Toll Free 1-888-455-1389. The access code is 765-631-861.
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 event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
HEARING
16The Tribunal directs that a merit hearing is scheduled to commence by video on Monday, March 11, 2024 for ten (10) days.
17On Monday, March 11, 2024, at 10 a.m., Parties 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:
https://global.gotomeeting.com/join/765631861
Access code: 765-631-861
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: (Toll Free): 1-888-299-1889 or 1-647-497-9373. The access code is 765-631-861.
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 Alexandra Portnoy at 1-647-633-1887 the Tribunal’s Case Coordinator who has carriage of this case.
ORDER
21Accordingly, the Tribunal Orders that,
a. The parties are directed to submit a complete Draft Procedural Order and Issues List to the case coordinator for the Tribunal’s review no later than Friday, May 19, 2023.
b. A second Case Management Conference will be held by Video Hearing for one (1) day commencing at 10 a.m. on Friday, June 2, 2023.
c. A merit hearing will be held by Video Hearing for ten (10) days commencing at 10 a.m. on Monday, March 11, 2024.
22The Members are not seized of the matter, but subject to scheduling availability, may be spoken to related to case management.
23No further notice will be provided.
24The Tribunal so orders.
“Astrid J. Clos”
ASTRID J. CLOS
MEMBER
“T. F. Ng”
T.F. NG
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.