Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 3, 2023
CASE NO(S).: OLT-22-003827
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: NHD Developments Limited
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: OPA/ZBA to facilitate two 4-storey residential townhouse blocks
Reference Number: 21 235816 WET 07 OZ
Property Address: 11 Catford Road and 20 Broadoaks Drive
Municipality/UT: City of Toronto
OLT Case No: OLT-22-003827
OLT Lead Case No: OLT-22-003827
OLT Case Name: NHD Developments Limited v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: NHD Developments Limited
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: OPA/ZBA to facilitate two 4-storey residential townhouse blocks
Reference Number: 21 235816 WET 07 OZ
Property Address: 11 Catford Road and 20 Broadoaks Drive
Municipality/UT: City of Toronto
OLT Case No: OLT-22-003828
OLT Lead Case No: OLT-22-003827
Heard: March 27, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel/Representative*
NHD Developments Limited
C. Tanzola M. Cara
City of Toronto
S. O’Connor J. Dexter
Suncor Energy Products Partnership
K. Sutton
MEMORANDUM OF ORAL DECISION DELIVERED BY D. S. COLBOURNE AND W. DANIEL BEST ON MARCH 27, 2023 AND ORDER OF THE TRIBUNAL
1The Tribunal convened the second Case Management Conference (“CMC”) for the above-noted matter. NHD Developments Limited (“NHD”) has filed an appeal against the City of Toronto (the “City”) for failing to make a decision for an Official Plan Amendment (“OPA”) pursuant to s. 22(7) and a Zoning By-law Amendment (“ZBA”) pursuant to s. 34(11) of the Planning Act. The property is known municipally as 11 Catford Road and 20 Broadoaks Drive in the City (“subject property”). The purpose of this CMC is to receive a status update from the parties.
2Prior to the hearing, the Tribunal received a summary of proposed dates agreed upon by the Parties for inclusion in the draft Procedural Order (“PO”) (Attachment 1).
3Ms. O’Connor, counsel for the City, provided an update. She advised the Panel that there have been ongoing “without prejudice” discussions with the Appellant’s counsel.
4Ms. O’Connor is seeking to confirm a date for a final submission no later than June 20, 2023. This would allow time to have the re-submission reviewed at the July 2023 City Council meeting. This would facilitate the filing of the PO on consent on July 28, 2023, with the Tribunal.
5Mr. Tanzola, counsel for the Appellant, concurred with the overview presented by the City. He also acknowledged the submission of the Participants last week and advised that although there has not been outreach to the existing tenants yet, there is an intention to address their concerns.
6Ms. Sutton, counsel for Suncor Energy Products Partnership, advised there were no issues with the revised dates circulated and presented.
7The Panel is in agreement with the Parties that a deadline of no later than June 20, 2023, be established for the final submission to be received by the City to seek direction at the July City Council meeting.
8A hearing of the merits is scheduled to commence by video hearing on Monday, October, 23, 2023, at 10 a.m.
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:
GoToMeeting: https://meet.goto.com/660145013
Access Code: 660-145-013
10Parties and Participants are asked to set up the video hearing 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 at: 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) 497-9373 or (Toll Free) 1-888-299-1889. The Access Code is 660-145-013.
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
13Accordingly, the Tribunal orders:
The Appellant submit to the City no later than June 20, 2023 copies of the final submission, including all revised plans and drawings (if any) to meet the July 2023 City Council meeting.
A draft PO on consent be filed with the Tribunal no later than July 28, 2023.
14There will be no further notice.
15This Panel is not seized but remains available through the Case Coordinator should the need arise.
“D.S Colbourne”
D.S. COLBOURNE
VICE-CHAIR
“W. Daniel Best”
W. Daniel best
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.
Attachment 1
Summary of Dates
DATE
EVENT
Tuesday, June 20, 2023(14 days before internal report deadline, 65 days before exchange of expert witness statements)
Last date to provide copies of revised proposal, including all revised plans and drawings (if any)
Monday, July 31, 2023 (84 days prior to hearing)
Exchange of witness lists (including Curriculum Vitae, Acknowledgment of Expert's Duty Form, and the area of expertise in which the witness is prepared to be qualified)
Friday, August 4, 2023 (80 days prior to hearing)
Challenges to qualifications of witnesses if any
Friday, August 18, 2023 (66 days prior to hearing)
Expert witness meeting prior to this date if any
Friday, August 25, 2023 (59 days prior to hearing)
Exchange agreed statement of facts if agreement is reached
Friday September 8, 2023 (45 days prior to hearing)
Exchange of witness statements and expert witness statements; and
Exchange of participant statements
Monday, September 18, 2023 (35 days prior to hearing)
Confirm that all reserved hearing dates are still required
Friday, September 22, 2023 (31 days prior to hearing)
Exchange of visual evidence if any
Tuesday, October 3, 2023 (20 days prior to hearing)
Finalize and file joint document book; and
File hearing plan with the Tribunal
Monday, October 9, 2023 (14 days prior to hearing)
Exchange of written response to written evidence
Monday, October 23, 2023
Hearing commences