Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 17, 2023
CASE NO(S).: OLT-22-002401 (Formerly PL210085)
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Trimed Investments Inc., Turbo-Mac Ltd., Yonge & Gerrard Partners Inc.
Subject: Request to amend the Official Plan - Failure of the City of Toronto to adopt the requested amendment
Description: To permit a 74 storey mixed-use building
Property Address: 372, 374, 374A, 376 and 378 Yonge Street
Municipality: City of Toronto
Approval Authority File No.: 20 174053 STE 11 OZ
OLT Case No.: OLT-22-002401
Legacy Case No.: PL210085
OLT Lead Case No.: OLT-22-002401
Legacy Lead Case No.: PL210085
OLT Case Name: Trimed Investments Inc. vs. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Trimed Investments Inc., Turbo-Mac Ltd., Yonge & Gerrard Partners Inc.
Subject: Application to amend Zoning By-law Nos. 438-86 and 569-2013 - Refusal or neglect of the City of Toronto to make a decision
Description: To permit a 74 storey mixed-use building
Property Address: 372, 374, 374A, 376 and 378 Yonge Street
Municipality: City of Toronto
Municipality File No.: 20 174053 STE 11 OZ
OLT Case No.: OLT-22-002402
Legacy Case No.: PL210086
OLT Lead Case No.: OLT-22-002401
Legacy Lead Case No.: PL210085
Heard: March 7, 2023 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Trimed Investments Inc., Yonge & Gerard Partners Inc. and Turbo-Mac Ltd. | Eileen P. Costello Naomi Mares |
| City of Toronto | Jessica Braun Michael Mahoney |
| Great Eagle Hotels (Canada) Limited | Joe Hoffman Ian Andres |
| 2348398 Ontario Inc. and Mang Investments Limited | Jonathan Cheng |
MEMORANDUM OF ORAL DECISION DELIVERED BY ASTRID J. CLOS AND DAVID BROWN ON MARCH 7, 2023, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the second Case Management Conference (“CMC”) respecting appeals pursuant to s. 22(7) and s. 34(11) of the Planning Act (“Act”) by Trimed Investments Inc., Yonge & Gerard Partners Inc., and Turbo-Mac Ltd. (“Appellant”) against the failure of the City of Toronto to make a decision related to applications for Official Plan and Zoning By-law Amendments within the prescribed timeline as set out in the Act. The properties subject to the appeals are municipally addressed as 372, 374, 374A, 376 and 378 Yonge Street. The applications seek to permit the development of a 74 storey mixed-use building.
2Ms. Costello advised that a Settlement in principle has been negotiated between the Appellant and 2348398 Ontario Inc. and Mang Investments Limited.
3The Parties advised that they have been discussing the Issues List and suggested that it will be resolved within three (3) weeks time.
4The Tribunal directed the Parties to provide a Draft Procedural Order (“DPO”) including an Issues List to the Tribunal no later than Thursday, April 6, 2023.
5The Parties submitted that ten (10) days will be required to consider the merits of the appeals. The Tribunal advised that there are nine (9) consecutive days available in April of 2024.
6The Tribunal scheduled a nine (9) day hearing by video to commence on Tuesday, April 2, 2024, at 10:00 am.
7Parties 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/927921077
Access code: 927-921-077
8Parties 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
9Persons 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 1-888-299-1889. The access code is 927-921-077.
10Individuals 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.
11The Parties advised that they are pursuing settlement discussions. The Parties indicated that they are aware of the availability of Tribunal-assisted mediation. The Parties also acknowledged that they are aware that they may request this mediation at their convenience.
12The Tribunal advised the Parties that should they negotiate a settlement of the appeals and the nine (9) days scheduled for the hearing are no longer required, they are to notify the case coordinator as soon as possible to allow the release of the dates on the Tribunal’s calendar. The Tribunal stressed that the Tribunal’s calendar is an important resource that must be respected and effectively allocated.
ORDER
13THE TRIBUNAL ORDERS that the draft Procedural Order be filed with the Tribunal no later than Thursday, April 6, 2023.
14THE TRIBUNAL ORDERS that 9 days be scheduled for the merit hearing commencing on Tuesday, April 2, 2024, at 10:00 am, as set out in the details above.
15No further notice will be provided.
16The Panel is not seized of the matter, but subject to scheduling availability, may be spoken to related to case management.
“Astrid J. Clos”
ASTRID J. CLOS
MEMBER
“David Brown”
DAVID BROWN
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.