Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 09, 2023
CASE NO(S).: OLT-22-004578
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Urban Capital Harbour (Marlee) Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the development of a 12-storey residential building
Reference Number: 21 251194 NNY 08 OZ
Property Address: 774-782 Marlee Avenue
Municipality: City of Toronto
OLT Case No.: OLT-22-004578
OLT Lead Case No.: OLT-22-004578
OLT Case Name: Urban Capital Harbour Marlee Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of a 12-storey residential building
Reference Number: 21 251194 NNY 08 OZ
Property Address: 774-782 Marlee Avenue
Municipality/UT: City of Toronto
OLT Case No.: OLT-22-004579
OLT Lead Case No.: OLT-22-004578
Heard: February 10, 2023, by video hearing (“VH”)
APPEARANCES:
Parties
Urban Capital Harbour (Marlee) Inc.
Counsel/Agent*
David Bronskill
Parties
City of Toronto
Counsel/Agent*
Marc Hardiejowski Uttra Gautam (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY S. MANN ON JANUARY 10, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) respecting an appeal by Urban Capital Harbour (Marlee) Inc. (the “Applicant/Appellant”) following City of Toronto Council’s failure to render a decision respecting an application for official plan amendment and zoning by-law amendment to permit the re-development of 774-782 Marlee Avenue (“subject property”).
2The Proposed development consists of a 12-storey residential building consisting of 301 dwelling units. The proposed development would consist of approximately 19,085 square metres (“m2”) of gross floor area (“GFA”). The subject property is located on the west side of Marlee Avenue, just south of Lawrence Avenue West.
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
4On consent of the Parties, the Tribunal granted the Wenderly Park Community Association (“Association”) Participant status. Jerry Wang, on behalf of the Association, had requested Party status, however at the time of the hearing, the Association was not able to confirm whether they would actively participate in the hearing. Participant status was granted with the understanding that at the subsequent CMC, the Association would be able to request an upgrade to Party status.
MEDIATION AND SETTLEMENT
5The Tribunal explored the possibility of mediation and settlement with the Parties. The Parties indicated that settlement discussions were premature at this time however would commit to discuss resolution as the matter progressed.
PROCEDURAL ORDER AND ISSUES LIST
6The Tribunal received and reviewed a draft Procedural Order from the Parties. Counsel for the City informed the Tribunal that they would require direction from the City before they could finalize the Procedural Order, which is expected to be received in May of this year.
HEARING
7Upon request of the Parties, the Tribunal set a second CMC commencing on June 6, 2023, at 10 a.m. by VH and also, scheduled a seven-day hearing commencing on January 22, 2024, at 10 a.m. by VH No further Notices are required for the hearings.
June 6, 2023 at 10 a.m. (one day hearing) GoTo Meeting: https://global.gotomeeting.com/join/765-631-861 Access code: 765-631-861 Audio-only telephone line: Toll-Free 1-888-455-1389 or +1 (647) 497-9391 Audio-only access code: as indicated above January 22, 2024 at 10 a.m. (seven days hearing) GoTo Meeting: https://global.gotomeeting.com/join/638422541 Access code: 683-422-541 Audio-only line: Toll-Free 1-888-299-1889 or +1 (647) 497-9373 Audio-only access code: as indicated above
8Parties and participants are asked to log into the VH at least 15 minutes before the start of the event to test their video and audio connections.
9Parties 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.
10Persons 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.
11Individuals 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 VH 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
12The Tribunal Orders that:
The date and particulars of the next CMC are set out above;
The Wenderly Park Community Association is granted Participant status;
The Member is not seized but may be spoken to through the Case Coordinator if any issues arise.
“S. Mann”
S. MANN
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.