Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 17, 2023
CASE NO(S).: OLT-22-004161
PROCEEDING COMMENCED UNDER section 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: Rosegold Developments Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit an 11-storey, 133-unit residential building
Reference Number: 21 251175 NNY 08 OZ
Property Address: 1141 Roselawn Avenue
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-22-004161
OLT Lead Case No: OLT-22-004161
OLT Case Name: Rosegold Developments Inc. 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 – neglect to make a decision
Description: To permit an 11-storey, 133-unit residential building
Reference Number: 21 251175 NNY 08 OZ
Property Address: 1141 Roselawn Avenue
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-22-004162
OLT Lead Case No: OLT-22-004161
OLT Case Name: Rosegold Developments Inc. v. Toronto (City)
Heard: December 13, 2022 by Video Hearing
APPEARANCES:
Parties
Counsel
Rosegold Developments Inc.
Alex Lusty Aaron Platt (in absentia)
City of Toronto
Uttra Gautam Kasia Czajkowski
MEMORANDUM OF ORAL DECISION DELIVERED BY C. HARDY ON DECEMBER 13, 2022 AND ORDER OF THE TRIBUNAL
Introduction
1This Decision relates to appeals brought pursuant to s.22(7) and s.34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended (“Act”) from the failure of the City of Toronto (“City”) to make a decision within the statutory timeframes of the Act with respect to applications for an Official Plan Amendment (“OPA”) and Zoning By-Law Amendment (“ZBA”). The appeals have been filed by Rosegold Developments Inc. (“Appellant”) regarding the property located at 1141 Roselawn Avenue, Toronto (“Subject Property”).
2The purpose of the OPA and ZBA is to facilitate the proposed construction of an 11-storey residential development consisting of 133 residential units, 96 parking spaces and 116 bicycle spaces. The Subject Property currently contains a parking lot and a single-storey service/industrial building which is proposed to be demolished.
3On December 13, 2022, the Tribunal held its first Case Management Conference (“CMC”), at which it addressed procedural matters, status requests, opportunities for settlement or mediation, and how the appeal will proceed to adjudication.
Procedural Matters
4The Tribunal canvassed the Parties regarding consolidating appeal files OLT-22-004161 and OLT-22-004162 pursuant to Rule 16 of the Tribunal’s Rules of Practice and Procedure. Both appeals relate to the Subject Property, and the Tribunal notes that it will be efficient and expedient to have the matters consolidated. The Parties consented, and the Tribunal will accordingly make the appropriate order consolidating the two appeals.
5There were no issues with service of Notice for the CMC and, as such, no further notice is required. The Tribunal was in receipt of the Affidavit of Service of Christina Fracassi, sworn December 1, 2022, which was marked as Exhibit 1.
Status Requests
6There are two statutory Parties regarding this appeal and both were represented at the CMC by their respective Counsel.
7Prior to the CMC, the Tribunal did not receive any requests for Party or Participant status and Counsel confirmed that they were not aware of any status requests. The Tribunal canvassed those in attendance at the CMC and no status requests were raised.
Opportunities for Settlement or Mediation
8The Parties expressed a willingness to engage in settlement discussions or mediation. The Tribunal encouraged the Parties to engage in such discussions and request Tribunal-assisted mediation, if required.
Second CMC
9The Tribunal inquired as to the status of a draft Procedural Order and Issues List. The Parties advised that they have had discussions but that the City required additional time for City Council to provide directions and confirm proposed issues.
10The Parties jointly requested that a second CMC be scheduled for early April 2023 to follow the City Council meeting at the end of March 2023.
11The Tribunal noted that in order to avoid multiple CMCs the Parties are expected to attend the second CMC prepared to address all pre-Hearing procedural matters, including a draft Procedural Order and Issues List.
12The Tribunal directed that a second CMC be scheduled for Tuesday, April 11, 2023. The Appellant agreed to prepare a draft Procedural Order for submission to the Tribunal on consent on or before Wednesday, April 5, 2023. Alternatively, if a draft Procedural Order is not available, the Appellant will provide the Tribunal with a status update on or before Wednesday, April 5, 2023.
ORDER
13The Tribunal orders that files OLT-22-004161 and OLT-22-004162 are consolidated in accordance with Rule 16 of the Tribunal’s Rules of Practice and Procedure.
14The Tribunal orders that the second Case Management Conference in this matter be held by video hearing (“Video Hearing”). The Video Hearing is scheduled to proceed by video on Tuesday, April 11, 2023 at 10 a.m.
15Parties 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/687587165
Access code: 687-587-165
16Parties 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.
17Persons 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: 687-587-165.
18Individuals 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 Video Hearing 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.
19The Tribunal directs the Appellant to file a draft Procedural Order with the Tribunal on or before Wednesday, April 5, 2023. Alternatively, the Appellant will provide the Tribunal with a status update on or before Wednesday, April 5, 2023.
20This Member is not seized, but will remain available for Case Management subject to the Tribunal’s calendar.
21No further notice will be given.
“C. Hardy”
c. hardy
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.