Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: April 19, 2023 CASE NOS.: OLT-22-002277, OLT-22-003643

PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Applicant/Appellant: The RW Suites Corporation Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit a 38-storey residential building Reference Number: 21 169458 NNY 15 OZ Property Address: 124 Broadview Avenue (124 Broadview Avenue) Municipality/UT: Toronto/Toronto OLT Case No: OLT-22-002277 OLT Lead Case No: OLT-22-002277 OLT Case Name: The RW Suites Corporation v. Toronto (City)

PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Applicant/Appellant: The RW Land Corporation Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit a 12-storey residential building Reference Number: 21 234009 NNY 15 OZ Property Address: 136 Broadway Avenue Municipality/UT: Toronto/Toronto OLT Case No: OLT-22-003643 OLT Lead Case No: OLT-22-003643 OLT Case Name: The RW Suites Corporation v. Toronto (City)

BEFORE: S. BOBKA, MEMBER Wednesday, the 19th day of April, 2023

THE TRIBUNAL ORDERS that the Procedural Order set out as Attachment “A” to this Order shall be in full force and effect for the purposes of governing the required procedure leading up to and including the hearing scheduled to commence on August 8, 2023.

“Euken Lui” ACTING REGISTRAR 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 “A”

ISSUE DATE: April 19, 2023 CASE NO(S).: OLT-22-002277, OLT-22-003643

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: The RW Suites Corporation Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit a 38-storey residential building Reference Number: 21 169458 NNY 15 OZ Property Address/Description: 124 Broadway Avenue Municipality: City of Toronto OLT Case No.: OLT-22-002277 OLT Lead Case No.: OLT-22-002277 OLT Case Name: The RW Suites Corporation v. Toronto (City)

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: The RW 136 Land Corporation Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit a 12-storey residential building Reference Number: 21 234009 NNY 15 OZ Property Address/Description: 136 Broadway Avenue Municipality: City of Toronto OLT Case No.: OLT-22-003643 OLT Lead Case No.: OLT-22-003643 OLT Case Name: The RW 136 Land Corporation v. Toronto (City)

PROCEDURAL ORDER

1. The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the Parties’ request or its own motion.

Organization of the Hearing

2. The video hearing will begin on August 8, 2023 at 10:00 a.m at https://meet.goto.com/638422541.

3. The Parties’ initial estimation for the length of the hearing is 12 days. The Parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues, where possible. The procedural order deadlines are generally found in Attachment 1.

4. The Parties and Participants identified at the Case Management Conference are listed in Attachment 2 to this Order. See Attachment 5 for the meaning of these terms.

5. The Issues are set out in the Issues List attached as Attachment 3 to this Order. There will be no changes to this list unless the parties consent to a change or unless the Tribunal permits.

6. The order of evidence is set out in Attachment 4 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the Parties' consent, subject to the Tribunal’s approval, or by Order of the Tribunal.

7. Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.

8. Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website.

Requirements Before the Hearing

9. If the applicant intends to seek approval of a revised proposal at the hearing, the applicant shall provide copies of the revised proposal, including all revised plans, drawings, proposed instruments, supporting document and reports, to the other Parties on or before May 15, 2023. The applicant acknowledges that any revisions to the proposal after that date without the consent of the Parties may be grounds for a request to adjourn the hearing.

10. A Party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other Parties a list of the witnesses and the order in which they will be called. This list must be delivered on or before June 2, 2023 and in accordance with Section Error! Reference source not found. below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.

11. Expert witnesses in the same field shall have a meeting on or before June 23, 2023 and use best efforts to try to resolve or reduce issues for the hearing. Following the experts’ meeting the parties must prepare and file a Statement of Agree Facts and Issues with the OLT case co-ordinator on or before June 30, 2023.

12. An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in Section 14. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.

13. Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the Party calling them must file a brief outline of the expert’s evidence, as in Section 14. A party who intends to call a witness who is not an expert must file a brief outline of the witnesses’ evidence, as in Section 14.

14. On or before July 7, 2023, the parties shall provide copies of their witness and expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with Section 23.

15. On or before July 7, 2023, a participant shall provide copies of their written participant statement to the other parties in accordance with Section 23. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

16. On or before July 4, 2021, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

17. On or before July 28, 2023, the Parties shall provide copies of their visual evidence to all of the other Parties. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

18. On or before July 21, 2023, the Parties may provide to all other Parties a written response to any written evidence.

19. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before July 28, 2023.

20. A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.

21. A Party who provides a witness’ written evidence to the other Parties must have the witness attend the hearing to give oral evidence, unless the Party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.

22. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before July 28, 2023 with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.

23. All filings shall be submitted electronically and in hard copy. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7.

24. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.

This Member is [not] seized.

So orders the Tribunal.

BEFORE: Name of Member: Date:

TRIBUNAL REGISTRAR

ATTACHMENT 1

SUMMARY OF DATES

DATE	EVENT
May 15, 2023	Last date to provide copies of revised proposal, including all revised plans and drawings, if any
June 2, 2023	Exchange of witness lists (names, disciplines and order to be called)
June 23, 2023	Experts Meeting
June 30, 2023	Agreed Statement of Facts and Issues
July 4, 2023	Parties to confirm with the Tribunal if all the reserved hearing dates are still required
July 7, 2023	Exchange of Witness Statements, summoned witness outlines, Expert Reports and Participant Statements
July 21, 2023	Exchange of Reply Witness Statements (if any)
July 28, 2023	Exchange of visual evidence (if any)
July 28, 2023	Preparation of Joint Document Book
July 28, 2023	Final Work Plan filed with the Tribunal
August 8, 2023	Hearing commences

ATTACHMENT 2

LIST OF PARTIES/PARTICIPANTS

PARTIES

1. The RW Suites Corporation and The RW 136 Land Corporation David Bronskill, Joe Hoffman and Zachary Fleisher, Goodmans LLP jhoffman@goodmans.ca / zfleisher@goodmans.ca 416.597.5168 / 416.597.4286

2. City of Toronto Kasia Czajkowski, City of Toronto Legal Services Kasia.Czajkowski@toronto.ca 416.338.5725 Michelle LaFortune, City of Toronto Legal Services Michelle.LaFortune@toronto.ca 416.338.0642 Uttra Gautam, City of Toronto Legal Services Uttra.Gautam@toronto.ca 416-396-7986

3. Toronto Standard Condominium Corporation No. 1987 Justin McLarty, Miller Thomson LLP jmclarty@millerthomson.com 416.597.6014

PARTICIPANTS

1. Catherine McCarthy 900 Mount Pleasant Road cathy.mccarthy@outlook.com 416.806.5177

2. Shelly Silliker 900 Mount Pleasant Road spikedgas@yahoo.ca 416.712.1099

3. Bahar Azizian bhr1975@yahoo.fr Primaveraa30@gmail.com 647.868.4828

4. Carina Betts carina.betts@icloud.com 647.606.4336

5. Brooke Saunders 900 Mount Pleasant Road brooke_saunders@hotmail.com 647.205.0759

6. Shelly Findlay 900 Mount Pleasant Road scfindlay777@gmail.com 416.886.4326

7. Janet Boulden 900 Mount Pleasant Road janetboulden@gmail.com

8. Laura Inglis LauraInglis@hotmail.com 416.473.5438

9. Robert McCormick tibibob@bell.net 416.425.8610

10. Jack Coop 928 Mount Pleasant Road jackdanielcoop@gmail.com 416.627.7940

11. Mark Edwards 900 Mount Pleasant Road mvedw4560@gmail.com

12. Bruce Humphrey 900 Mount Pleasant Road 900friend@gmail.com 416.518.1057

13. Sandra Di Giantomasso sdigian@yahoo.com 647.215.6154

14. Timothy Swift timothy@swiftsellstoronto.ca 647.898.7490

ATTACHMENT 3

ISSUES LIST

CITY OF TORONTO ISSUES

Planning Act

1. Do the proposed development and Zoning By-law Amendments have appropriate regard for the matters of provincial interest as set out in Section 2 of the Planning Act, in particular Sections 2(f), 2(j), 2(q), and 2(r)?

Provincial Policy Statement (2020)

2. Are the proposed development and Zoning By-law Amendments consistent with the Provincial Policy Statement (2020) pursuant to Section 3(5) of the Planning Act, including Sections 1.1.1, 1.1.3.3, 1.1.3.4, 1.4.3, 1.5.1, 1.6.6.1, 1.6.6.7, 1.6.7.2, 1.7.1, and 4.6?

A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020)

3. Do the proposed development and Zoning By-law Amendments conform to and not conflict with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) pursuant to Section 3(5) of the Planning Act, including Sections 2.2.1.4, 2.2.2.3, 2.2.6.1, 2.2.6.3, and 5.2.5.6?

City of Toronto Official Plan

4. Do the proposed development and Zoning By-law Amendments conform with the policies of the City of Toronto Official Plan with respect to: a. Healthy Neighbourhoods (2.3.1); b. Bringing the City Together: A Progressive Agenda of Transportation Change (2.4); c. The Public Realm (3.1.1); d. Built Form (3.1.3); e. Built Form – Building Types (3.1.4); f. Housing (3.2.1); g. The Natural Environment (3.4); and h. Apartment Neighbourhoods (4.2)?

Yonge Eglinton Secondary Plan

5. Do the proposed development and Zoning By-law Amendments conform with the policies of the Yonge Eglinton Secondary Plan with respect to: 1.3.1, 1.3.3, 2.1.1, 2.2.1, 2.2.3, 2.4.1, 2.4.1.3, 2.4.2 to 2.4.4, 3.1.1, 3.1.2, 3.1.3, 3.1.5, 3.1.7 to 3.1.10, 3.2.1, 3.2.5, 4.1, 4.2, 4.14 to 4.17, 4.27, 4.29, 4.32, 4.4, 5.1, 5.3.1 to 5.3.6, 5.3.28 to 5.3.45, 5.3.53, 5.4.3, 5.6.1, 5.6.3 to 5.6.7, 5.7, 7.1, 9.2, 9.3, 9.6, and 10.7?

City of Toronto Guidelines

6. Does the proposal meet the intent and purpose of the City of Toronto Tall Building Guidelines?
7. Does the proposal meet the intent and purpose of the Midtown Public Realm Master Plan and Implementation Strategy?
8. Does the proposal adequately support the unit mix and size objectives of the Growing Up Guidelines?
9. Does the proposal meet the requirements of the Toronto Green Standard?
10. Does the proposal meet the intent and purpose of the Pet Friendly Design Guidelines for High Density Communities (2019)?

Site Specific Issues

11. Is the proposed built form, including the height of both buildings (overall, tower element, and base building)), scale, location, placement, transition, setbacks, stepbacks, tower setbacks, tower separation, articulation, massing and the resulting impacts, appropriate for the site?
12. Does the proposed development provide for appropriate relationships at grade and at lower floors, within the site, and with adjacent and nearby lands and streetscapes?
13. Does the proposed development provide appropriate building and open space interface with the adjacent approved development at 100-120 Broadway Avenue?
14. Does the proposal appropriately contribute to the public realm and open space character of the area?
15. Does the proposed development appropriately contribute to an on-site midblock connection?
16. Does the proposed development provide sufficient parking?
17. Does the proposed development provide the appropriate Travel Demand Management Measures in accordance with policy requirements?
18. Does the proposed development provide appropriate off-street drop-off and pick-up area(s)?
19. Does the proposed development provide appropriate parkland dedication?
20. Are the Zoning By-law Amendments good planning and in the public interest?

Implementation

21. If the proposed development is approved in whole or in part, should the Tribunal Order be withheld until the following conditions are satisfied and the Tribunal receives confirmation from the City Solicitor that: a) the final form and content of the Zoning By-laws are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning; b) the owner has submitted revised architectural plans and landscaping plans reflecting the proposal as approved in whole or in part, to the satisfaction of the Chief Planner and Executive Director, City Planning; c) the owner has addressed matters related to the adequate and appropriate provision and securing of replacement rental housing in the form of: dwelling units at City-defined affordable rates or ranges for a defined time period, a relocation and assistance plan for affected tenants, timing for occupancy, and use and enjoyment of specified unit, building, and land amenities, all to the satisfaction of the Chief Planner and Executive Director, City Planning; d) the owner has submitted an updated complete Toronto Green Standards (TGS) Checklist and Statistics Template; e) the owner has submitted a revised Travel Demand Management Plan acceptable to, and to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services and that such matters arising from such study be secured if required; f) the owner has addressed to the satisfaction of the General Manager, Transportation Services, matters from Transportation Services that are specified in the following: a. the Engineering and Construction Services’ Memorandum dated September 15, 2021 for 124 Broadway Avenue; b. the Engineering and Construction Services’ Memorandum dated January 19, 2022 for 136 Broadway Avenue; and c. matters that may arise during the course of the applications; g) the owner has addressed to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, matters from Engineering and Construction Services that are specified in the following: a. the Engineering and Construction Services’ Memorandum dated September 15, 2021 for 124 Broadway Avenue; b. the Engineering and Construction Services’ Memorandum dated January 19, 2022 for 136 Broadway Avenue; and c. matters that may arise during the course of the applications.

TORONTO STANDARD CONDOMINIUM CORPORATION NO. 1987 ISSUES

1. Is the proposed height of 119.65 metres or 38-storeys for 124 Broadway Avenue and 116.85 metres or 35-storeys for 136 Broadway Avenue appropriate for the subject sites?
2. Are the setbacks to the west lot line and building separation between 900 Mount Pleasant Road and 124 Broadway Avenue and 136 Broadway Avenue appropriate for the subject sites? Are the base building scale and height appropriate for the subject sites?
3. Are the proposed tower setbacks appropriate for the subject sites?
4. Is the relationship of the development within the context of adjacent properties appropriate?
5. Are the shadow and sunlight access impacts on 900 Mount Pleasant Road appropriate?
6. Are there undue privacy impacts on 900 Mount Pleasant Road due to proximity of windows and balconies?
7. Are the proposed traffic management and loading arrangements appropriate for the subject sites?

ATTACHMENT 4

ORDER OF EVIDENCE

1. The RW Suites Corporation and The RW 136 Land Corporation City of Toronto
2. City of Toronto
3. Toronto Standard Condominium Corporation No. 1987
4. The RW Suites Corporation and The RW 136 Land Corporation (in reply, if any)

ATTACHMENT 5

Meaning of Terms Used in the Procedural Order

A party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other parties, and making submissions on all of the evidence. An unincorporated group cannot be a party and it must appoint one person to speak for it, and that person must accept the other responsibilities of a party as set out in the Order. Parties do not have to be represented by a lawyer and may have an agent speak for them. The agent must have written authorization from the party.

NOTE that a person who wishes to become a party before or at the hearing, and who did not request this at the case management conference (CMC), must ask the Tribunal to permit this.

A participant is an individual or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a party may do so). Section 17 of the Ontario Land Tribunal Act states that a person who is not a party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A participant may also be asked questions by the parties should the Tribunal direct a participant to attend a hearing to answer questions on the content of their written submission.

A participant must be identified and be accorded participant status by the Tribunal at the CMC. A participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A participant cannot ask for costs, or review of a decision, as a participant does not have the rights of a party to make such requests of the Tribunal.

Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party or participant intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.

Visual evidence includes photographs, maps, videos, models, and overlays which a party or participant intends to present as evidence at the hearing.

A witness statement is a short written outline of the person’s background, experience and interest in the matter; a list of the issues which he or she will discuss; and a list of reports or materials that the witness will rely on at the hearing.

An expert witness statement should include his or her (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness’ opinions on those issues and the complete reasons supporting their opinions and conclusions and (5) a list of reports or materials that the witness will rely on at the hearing. An expert witness statement must be accompanied by an acknowledgement of expert’s duty.

A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a statement of the participant’s position on the appeal; a list of the issues which the participant wishes to address and the submissions of the participant on those issues; and a list of reports or materials, if any, which the participant wishes to refer to in their statement.

Additional Information

A summons may compel the appearance of a person before the Tribunal who has not agreed to appear as a witness. A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons through a request. (See Rule 13 on the summons procedure.) The request should indicate how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the information provided in the request that the evidence is relevant, necessary or admissible, the party requesting the summons may provide a further request with more detail or bring a motion in accordance with the Rules.

The order of examination of witnesses is usually direct examination, cross-examination and re-examination in the following way:

• direct examination by the party presenting the witness;
• direct examination by any party of similar interest, in the manner determined by the Tribunal;
• cross-examination by parties of opposite interest;
• re-examination by the party presenting the witness; or
• another order of examination mutually agreed among the parties or directed by the Tribunal.