Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 27, 2023
CASE NO(S).: OLT-22-003274
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Choice Properties Limited Partnership
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit a 6 building, 1519 unit mixed use development
Reference Number: 21 180550 ESC 20 OZ
Property Address: 683-685 Warden Avenue
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-22-003274
OLT Lead Case No.: OLT-22-003274
OLT Case Name: Choice Properties Limited Partnership v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 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 6 building, 1519 unit mixed use development
Reference Number: 21 180550 ESC 20 OZ
Property Address: 683-685 Warden Avenue
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-22-003275
OLT Lead Case No.: OLT-22-003274
OLT Case Name: Choice Properties Limited Partnership v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit a 6 building, 1519 unit mixed use development
Reference Number: 21 181162 ESC 20 SB
Property Address: 683-685 Warden Avenue
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-22-003276
OLT Lead Case No.: OLT-22-003274
Heard: April 11, 2023 by telephone conference call
APPEARANCES:
Parties
Counsel
Choice Properties Limited Partnership
E. Costello
City of Toronto
M. Crawford
Watching Brief Status
673 Warden Realty Holdings Inc.
J. Reyes
C. Tanzola (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY G.C.P. BISHOP ON APRIL 11, 2023 AND ORDER OF THE TRIBUNAL
1This is the second Case Management Conference (“CMC”), held by telephone conference call, dealing with property located at 683-685 Warden Avenue, in the City of Toronto (“City”). Choice Properties Limited Partnership (“Appellant”) has appealed applications for an Official Plan Amendment (“OPA”), Zoning By-law Amendment (“ZBA”) and a proposed draft Plan of Subdivision (“POS”), from the City’s failure to adopt or make decisions on these applications.
2The first CMC was held on July 11, 2022 and the differently constituted panel Member gave direction to the Parties for the preparation of a Procedural Order (“PO”). Eileen Costello, counsel for the Appellant, explained that the preparation and production of the Issues list simply took longer than expected, but the Parties have agreed on a refined Issues List and are anticipating that a 10 day merit hearing is required.
3Ms. Costello also confirmed that 673 Warden Realty Holdings Inc.(“673 Warden”) was granted Party status, at the first CMC, on the understanding that this Party was taking the position as a watching brief, in the merit hearing. Justine Reyes, counsel for 673 Warden, confirmed that their client was not presenting witnesses, nor actively participating in the merit hearing and has no issues on the Issues List, thus confirming their client’s position as a watching brief only.
4The Tribunal grants 673 Warden Party status, based on this understanding. If an issue, not on the Issues List, is raised at the merit hearing and has a direct affect on 673 Warden, this will be dealt with by the presiding Panel.
5The Tribunal set the hearing for ten (10) days, commencing on Monday, March 11, 2024 at 10:00 a.m.
6Parties 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.
7The CMC is scheduled to proceed by video as follows:
https://global.gotomeeting.com/join/914098901
Access Code: 914-098-901
8Persons 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: Toll-Free 1-888-299-1889 or +1 (647) 497-9373. The Access Code is as indicated above.
9Parties 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
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