Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 15, 2023
CASE NO(S).: OLT-22-004283
PROCEEDING COMMENCED UNDER section 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Silver Hotels (Vancouver) Ltd.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: to permit a two tower, 682 unit mixed use development
Reference Number: 21 251957 STE 10 OZ
Property Address: 45 The Esplanade
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-22-004283
OLT Lead Case No: OLT-22-004283
OLT Case Name: Silver Hotels (Vancouver) Ltd. v. Toronto (City.)
PROCEEDING COMMENCED UNDER section 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 a two tower, 682 unit mixed use development
Reference Number: 21 251957 STE 10 OZ
Property Address: 45 The Esplanade
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-22-004284
OLT Lead Case No: OLT-22-004283
Heard: March 7, 2023 by video hearing
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| Silver Hotels (Vancouver) Ltd. | Rodney Gill David Bronskill (in absentia) |
| City of Toronto | Cameron McKeich Mark Piel (in absentia) |
| St. Lawrence Neighbourhood Association | Did not appear |
| Metropolitan Toronto Condominium Corporation No. 850 | Brenda MacDougall* Albert Ferranti* (in absentia) |
MEMORANDUM OF ORAL DECISION DELIVERED BY C.I. MOLINARI AND BITA M. RAJAEE ON MARCH 7, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the second Case Management Conference (“Second CMC”) in relation to appeals brought under s. 22(7) and s. 34(11) of the Planning Act (“Act”) by Silver Hotels (Vancouver) Ltd. (“Appellant”) against the City of Toronto (“City”) for failure to make decisions within the statutory timeframes on applications for an Official Plan Amendment (“OPA”) and Zoning By-law Amendment (“ZBLA”) in relation to the property municipally known as 45 The Esplanade in the City.
2The OPA and ZBLA are required to give effect to the Appellant’s proposal to develop two (2) towers, with proposed heights of 35 and 36 storeys respectively, atop a seven (7) storey podium containing retail, hotel, and residential uses (“Development”). Access to loading and parking is from a laneway accessed from Church Street and a shared driveway between 25 The Esplanade and 45 The Esplanade. The site is currently being leased to the City of Toronto as a temporary homeless shelter until April 2023.
REQUESTS FOR STATUS
3At the first CMC, on November 25, 2022, Party Status was granted to St. Lawrence Neighbourhood Association (“SLNA”) and Metropolitan Toronto Condominium Corporation No. 850 (“MTCC–850”).
4Prior to the Second CMC, the Tribunal received correspondence from MTCC–850, indicating that it may request to change its Status from Party to Participant. However, at the Second CMC, MTCC–850 advised that the corporation was still evaluating its position in this regard and working with the other Parties on identifying issues. As such, it deferred a potential request to change its Status, if any, to future hearing events, such as the next CMC.
5SLNA did not attend the Second CMC. The Appellant advised that it had had prior discussions with SLNA before the second CMC, but SLNA had not mentioned anything about its attendance at the CMC. The Appellant undertook to provide an update to SLNA on the decisions made at the Second CMC.
6The Tribunal received no further requests for Party or Participant status.
MEDIATION AND SETTLEMENT
7The Tribunal raised the opportunity for settlement, including the use of Tribunal-assisted mediation. The Parties advised that they were currently in discussions and remained open to the possibility of settlement. In fact, the Parties requested that a Third CMC be scheduled, so that they could continue their settlement discussions in the hope that a contested hearing may be avoided.
8The Parties are directed to advise the Tribunal in writing should they reach a settlement with respect to some or all of the issues prior to the next CMC or hearing and, should they wish to pursue Tribunal-assisted mediation, they may reach out to the Tribunal’s Case Coordinator in writing for assistance in this regard.
PROCEDURAL ORDER and ISSUES LIST
9The Parties filed a draft Procedural Order (“PO”) in advance of the Second CMC but advised that more time was required to draft an Issues List (“IL”). Given the potential for scoping the issues and for the potential resolution of the appeals, the Parties were not in a position to finalize the IL, determine the length of the hearing or to set hearing dates.
THIRD CMC
10The Parties submitted that they required additional time for further discussions. As such, they requested that a Third CMC be scheduled to give them time to do this. The Parties advised that, if a hearing of the merits is required, they will be in a better position at a Third CMC to advise the Tribunal regarding the length of the hearing and to finalize the PO and IL.
11As such, the Tribunal scheduled a Third CMC to take place on Wednesday, June 21, 2023 at 10 a.m. by video conference, wherein issues relating to an upcoming hearing may be addressed or a Settlement Hearing may take place.
12In this respect, counsel for the Appellant undertook to revise and re-submit for the Tribunal’s approval by Wednesday, June 14, 2023, either a revised PO and IL in accordance with the Tribunal’s directions and any agreement made amongst the Parties, or Settlement Hearing materials.
13Parties 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/638422541
Access Code: 638-422-541
14Parties 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://apps.gotomeeting.com/home.html.
15Persons 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) 497-9373 or (Toll Free): 1-888-299-1889. The access code is 638-422-541.
16Individuals 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
17The Tribunal Orders that a Third CMC is scheduled to take place by video conference on Wednesday, June 21, 2023 at 10 a.m.
18The Tribunal further Orders that the Procedural Order and Issues List is to be sent by the Appellant to the Case Coordinator on or before Wednesday, June 14, 2023.
19There will be no further notice and the Panel is not seized of this matter.
“C.I. Molinari”
C.I. MOLINARI
MEMBER
“Bita M. Rajaee”
BITA M. RAJAEE
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.