Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: May 03, 2023

CASE NO(S).: OLT-22-001909 OLT-22-004847

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

Applicant/Appellant: 1386072 Ontario Inc. Subject: Application to amend the Zoning By-law – neglect to make a decision Description: To permit a 15-storey residential building Reference Number: 21 196623 WET 02 OZ Property Address: 4174 Dundas Street W. Municipality/UT: Toronto/Toronto OLT Case No: OLT-22-001909 OLT Lead Case No: OLT-22-001909 OLT Case Name: 1386072 Ontario Inc. v. Toronto (City)

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant/Appellant: 1386072 Ontario Limited Subject: Request to amend the Official Plan Proposed Designation: Site Specific (to be determined) Purpose: To permit the redevelopment as a 15-storey residential use building Property Address/Description: 4174 Dundas Street West Reference Number: 21 196623 WET 02 OZ Municipality: City of Toronto OLT Case No.: OLT-22-004847 OLT Lead Case No.: OLT-22-001909 OLT Case Name: 1386072 Ontario Inc. v. Toronto (City)

Heard: February 6, 2023 by Video Hearing

APPEARANCES:

Parties Counsel

1386072 Ontario Inc. Michael Nemanic Luke Johnston

City of Toronto Kasia Czajkowski Uttra Gautam

Delmanor Prince Edward Inc. Calvin Lantz

Toronto and Region Conservation Authority Barbara Montgomery

MEMORANDUM OF ORAL DECISION DELIVERED BY JATINDER BHULLAR ON FEBRUARY 6, 2023 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This is the first Case Management Conference (“CMC”) for the Official Plan Amendment (“OPA”) appeal by 1386072 Ontario Inc. (“Applicant”) pursuant to s. 22(7) of the Planning Act for the failure of the City of Toronto (“City”) to amend the Official Plan of the City. This was also the second CMC for the Applicant’s appeal for the failure of the City to make a decision regarding the Applicant’s application for a zoning by-law amendment (“ZBA”) pursuant to s. 34(11) of the Planning Act. The subject property is known municipally as 4174 Dundas Street West, in the City.

2The application under appeal is to facilitate a 15-storey residential development on the subject property, including 117 residential units with a gross floor area of 13,193 square metres (“sq m”).

3The Affidavit of Service for the first CMC of the OPA appeal is dated January 5, 2023 and was marked as Exhibit 1a.

Party Status Request

4The Parties for the ZBA appeal were determined at the first CMC on July 12, 2022.

5For the OPA, two requests were made for Party status. The Tribunal reviewed the requests by Delmanor Prince Edward Inc. and Toronto and Region Conservation Authority.

Mediation

6The Tribunal again inquired about the likelihood of mediation. Counsel advised that they remain open to the same but will continue private discussions in view of the current additional OPA appeal.

Consolidation of the two appeals

7Parties being the same for both appeals, and for efficient processing, the Tribunal reviewed consolidation of the two appeals for Case Management and possible Hearing on the merits. With consent of the Parties, the Tribunal consolidated the two appeals as per Rule 16.1 of the OLT Rules of Practice and Procedure (“Rules”).

Setting a hearing

8The Tribunal reviewed with the Parties the salient matters to be determined. The Parties made submissions and identified the likely plan of calling witnesses and presenting their evidence.

9The Parties stated that, pending establishment of an Issues List, the likely disciplines for evidence presentation would be land use planning, urban planning, traffic engineering, and geo-technical, as well as, possibly, natural heritage and ecology. Overall, it was agreed that the evidence in a Merit Hearing could be processed in a Hearing of two-and-a-half to three weeks.

10The matter of establishing a detailed Issues List and submission of the same in a draft Procedural Order (“PO”) was also reviewed. The Parties undertook to work together such that the Applicant could provide a draft PO with consent of all the Parties to the Tribunal by March 10, 2023. This has since been received by the Tribunal