Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 08, 2023
CASE NO(S).: OLT-22-004667
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 2432905 Ontario Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the redevelopment of the property as 20-storey mixed used building
Reference Number: 21 252235 NNY 08 OZ
Property Address: 2451 Dufferin Street
Municipality/UT: Toronto
OLT Case No.: OLT-22-004667
OLT Case Name: 2432905 Ontario Inc. v. Toronto
Heard: February 22, 2023, by video hearing (“VH”)
APPEARANCES:
Parties
Counsel/Agent*
2432905 Ontario Inc. (Appellant / Applicant)
Rodney Gill
City of Toronto (“City”)
Kasia Czajkowski Uttra Gautam
MEMORANDUM OF ORAL DECISION DELIVERED BY K.R. ANDREWS ON February 22, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) respecting an appeal by 2432905 Ontario Inc. The appeal arises following a non-decision concerning a Zoning By-law amendment application to facilitate the redevelopment of the property located at 2451 Dufferin Street as a 20-storey mixed used building.
Name of Appellant
2At the outset of the hearing, counsel for the Appellant confirmed that there was an error on the Appeal application form, incorrectly naming the Appellant “Silver Hotel Management Inc.”. The Tribunal confirmed that the file would be corrected moving forward.
Service of Notice of CMC
3There was no issue with service of the Notice of this CMC, and so no further notice is required. The Tribunal was in receipt of the Affidavit of Service, which was marked as Exhibit 1.
Requests for Status
4Counsel for Dufferin and Castlefield Development Corp. attended the CMC seeking Participant status. The Corporation owns the adjacent lands and has submitted its own applications to redevelop those lands. It consequently wishes to have Participant status as a means to monitor the present matter. The other Parties raised no objection or concerns, and the Tribunal consequently granted Participant status on consent.
5No one else attended the CMC seeking either Party or Participant status.
MEDIATION AND SETTLEMENT
6The Tribunal explored the possibility of mediation and settlement with the Parties. The Parties both expressed openness to resolution discussions and/or Tribunal led mediation. They further confirmed that they will keep the Tribunal apprised of any developments with their resolution efforts, which the Tribunal finds satisfactory.
PROCEDURAL ORDER AND ISSUES LIST
7Counsel for the City confirmed that she cannot confirm her client’s position regarding the contents of a draft Procedural Order and Issues List until she receives instructions from Council around mid-May. The Tribunal therefore finds it prudent to deal with the draft Procedural Order and Issues List at a subsequent CMC. The Tribunal made it clear to the Parties that a draft Procedural Order and Issues List must be filed with the Tribunal before the next CMC.
SECOND CMC
8Upon request of the Parties, the Tribunal set a second CMC hearing commencing on Wednesday, May 31, 2023, at 10 a.m. by VH. No further Notice is required.
9Parties 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
10Parties 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
11Persons 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.
12Individuals 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.
ORDER
13The Tribunal Orders that:
The name of the Appellant shall be corrected from “Silver Hotel Management Inc.” to “2432905 Ontario Inc.”;
The date and particulars of a second CMC are set out above. A draft Procedural Order and Issues List shall be filed with the Tribunal in advance of said CMC; and
Dufferin and Castlefield Development Corp. is granted Participant status.
14The Member is not seized but may be spoken to through the Case Coordinator if any issues arise.
“K.R. Andrews”
K.R. ANDREWS
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.