Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 27, 2023
CASE NO(S).: OLT-22-002588
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Portland Corp., 1 Niagara Street Limited Partnership, 2779317 Ontario Inc., all c/o the Density Group Limited
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of a 23-storey mixed-use building
Reference Number: 21 232793 STE 10 OZ
Property Address: 18 Portland Street and 1-9 Niagara Street
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-22-002588
OLT Lead Case No: OLT-22-002588
OLT Case Name: Density Group Limited v. Toronto (City)
PROCEEDING COMMENCED UNDER section 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: Portland Corp., 1 Niagara Street Limited Partnership, 2779317 Ontario Inc., all c/o the Density Group Limited
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the development of a 23-storey mixed-use building
Reference Number: 22-151499 STE 10 OZ
Property Address: 18 Portland Street and 1& 9 Niagara Street
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-22-004622
OLT Lead Case No: OLT-22-004622
OLT Case Name: Density Group Limited v. Toronto (City)
PROCEEDING COMMENCED UNDER section 69(3) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: Portland Corp., 1 Niagara Street Limited Partnership, 2779317 Ontario Inc., all c/o the Density Group Limited
Subject: Protest the levying of fees in relation to an application for an official plan amendment
Description: Payment of Fee under Protest
Reference Number: 22-151499 STE 10 OZ
Property Address: 18 Portland Street and 1-9 Niagara Street
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-22-003968
OLT Lead Case No: OLT-22-003968
OLT Case Name: Density Group Limited v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34.1(1) of the Ontario Heritage Act, R.S.O. 1990, c. O.19.
Applicant/Appellant: Portland Corp.
Subject: Demolition Permit
Description: Application to demolish 18 Portland Street to permit the development of a mixed-use 23-storey building
Reference Number: 220028
Property Address: 18 Portland Street
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-23-000132
OLT Lead Case No: OLT-23-000132
OLT Case Name: Portland Corp. v. Toronto (City)
Heard: April 6, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel/Representative*
Density Group Limited.
Mark Flowers Andy Margaritis
City of Toronto
Daniel Elmadany
Wellington Place Neighborhood Association (“WPNA”)
Marina Vrzalkovski* Andrew King*
MEMORANDUM OF ORAL DECISION DELIVERED BY KURTIS Smith AND T.F. Ng ON April 6, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the third Case Management Conference (“CMC”) before the Ontario Land Tribunal, with respect to appeals by Density Group Limited (“Appellant”). The appeals are originally regarding the Zoning By-law Amendment and Draft Plan of Subdivision applications to permit a 23-storey mixed-use building that contemplates commercial uses and a total of 182 residential dwelling units and 54 parking spaces. The Subject Property is located at 18 Portland Street and 1-9 Niagara Street, in the City of Toronto (“City”).
2Prior to the CMC the Tribunal was in receipt of the withdrawal from the Appellant regarding OLT-23-000086, which was an appeal against the City’s designation of 18 Portland St under the Ontario Heritage Act (“OHA Appeal”).
3The purpose of this CMC is to consider the party status request from WPNA regarding OLT-22-004622 (“OPA Appeal”), the motion for hearing matters together, and the Procedural Order (“PO”) and Issues List (“IL”).
WPNA Party Status
4The Tribunal received a Party Status request form in advance of the CMC from WPNA regarding the OPA Appeal. WPNA was previously granted party status for OLT-22-002588 (“ZBA Appeal”). At this CMC, WPNA was granted party status on consent for the OPA Appeal.
Motion for Hearing Matters Together
5Following the second CMC, the Appellant filed a motion for hearing matters together (Exhibit 2). The motion included reference to the OHA Appeal that has been withdrawn by the Appellant. On consent of the City and the Appellant, the motion was not contested, and parties requested partial orders from the Tribunal. The motion was allowed in part to have OLT-23-000132 (“OHA Demolition Appeal”) to be heard together with the OPA Appeal, ZBA Appeal, and Payment of Fees Appeal (OLT-22-003968) (“Fees Appeal”). The Procedural Order and Issues List was revised accordingly.
Procedural Order and Issues List
6The Tribunal received and reviewed a revised draft Procedural Order (“PO”) and Issues List (“IL”) from the Appellant on consent. The Tribunal finds it acceptable, and the proceedings shall be governed by it (see Attachment 1). The ten day hearing will proceed as previously scheduled from July 24, 2023 to August 4, 2023.
ORDER
7By Consent, the TRIBUNAL ORDERS as follows:
The Appellant’s Motion is allowed in part.
The OHA appeal OLT-23-000132 is to be heard together with the OPA Appeal, ZBA Appeal, and Fees Appeal.
The revised Procedural Order attached as Attachment 1 shall govern the proceedings.
Wellington Place Neighbourhood Association (“WPNA”) is granted party status in the OPA appeal.
8There will be no further notice.
9The members are not seized.
10The Tribunal so orders.
“Kurtis Smith”
Kurtis Smith
Member
“T.F. Ng”
T.F. Ng
MEMBER
Ontario Land Tribunal
Website: www.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.