Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 04, 2023
CASE NO(S).: OLT-22-004161
PROCEEDING COMMENCED UNDER subsection 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 subsection 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: April 11, 2023 by video hearing
APPEARANCES:
Parties
Counsel
Rosegold Developments Inc.
Alex Lusty
Aaron Platt
City of Toronto
Uttra Gautam
Kasia Czajkowski
MEMORANDUM OF ORAL DECISION DELIVERED BY C. HARDY AND S. DIXON ON APRIL 11, 2023 AND ORDER OF THE TRIBUNAL
1This is the second Case Management Conference (“CMC”) conducted relating 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 statutory timeframes of the Act with respect to applications for an Official Plan Amendment (“OPA”) and a 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 Subject Property currently consists of a single-storey service / industrial building and a parking lot. The Proposed OPA and ZBA will facilitate the redevelopment of the Subject Property with an 11-storey development containing residential units, vehicle parking and bicycle parking.
3On December 13, 2022 the Tribunal held the first CMC in this matter where the Parties requested a second CMC to provide the City with additional time to receive instructions from Council.
OPPORTUNITIES FOR SETTLEMENT
4The City was in receipt of instructions from Council to engage in discussions with the Appellant. The Parties advised the Tribunal that following this CMC, they intend to submit a request to the Case Coordinator for Tribunal-led mediation with the hope of securing mediation dates during June 2023 or July 2023.
DRAFT PROCEDURAL ORDER AND ISSUES LIST
5In advance of the CMC, the Parties submitted a draft Procedural Order (“PO”) and Issues List (“IL”) which were reviewed by the Tribunal. The Appellant advised the Tribunal that the IL was circulated just prior to the CMC and the City was in the process of reviewing comments provided by the Appellant. The Parties advised that exchange dates and details in the PO will be finalized once hearing dates are set.
6During the CMC the Tribunal and the Parties conducted a thorough review of the PO and IL which included considerable discussion and submissions on the wording of various provisions and issues. After considering the submissions of Counsel, the Tribunal directed the Parties to revise the PO and IL as follows:
An overall direction was given to the Parties to revise the PO to align with the minimum timeframes and wording set out in the Tribunal’s standard form;
Amend paragraph 10 by removing the words following “curriculum vitae”.
Delete paragraph 14.
Amend paragraph 18 to provide the Tribunal with at least 35 days’ notice if the Parties no longer require all hearing dates.
Amend paragraph 23 to include the word “substantially” in front of the words “revised proposal” in the first line of the first sentence and amend the proposed 30 days to 45 days in the first sentence.
Remove the general paragraph following “Attachment 2 Issues List” preceding the issues on the IL.
An overall direction to refine the issues on the IL to refer to specific policies.
Revision of the wording in “Attachment 4 – Meaning of Terms” to align with the wording of terms found in the Tribunal’s standard form.
7The Tribunal directed that the revised PO and IL be submitted to the Tribunal by the Appellant on behalf of the Parties for review and approval on or before April 21, 2023.
8The Parties failed to submit the revised PO and IL in accordance with the direction noted above.
9The Tribunal directs the Parties to submit the revised PO and IL on or before May 31, 2023. If the Parties are unable to submit the revised PO and IL by May 31, 2023, the Parties shall provide a written status update to the Tribunal as to the timing of the expected submission of the revised PO and IL. Should the Parties fail to comply with this direction, the Tribunal may release the hearing dates set aside for the appeal.
HEARING DATES
10The Parties jointly requested that the Tribunal schedule an eight-day hearing for the appeal. The Parties advised the Tribunal that they intend to call approximately two witnesses each.
11Upon review of the possible number of witnesses and possible scoping of the issues, the Tribunal scheduled an eight-day video hearing commencing Wednesday, December 6, 2023 at 10 a.m. and continuing to and including Friday, December 15, 2023.
12Parties 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/927921077
Access code: 927-921-077
13Parties 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
14Persons 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) 497-9391 or Toll-Free 1-888-299-1889. The access code is 927-921-077.
15Individuals 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 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.
ORDER
16The Parties shall submit a revised Procedural Order and Issues List or a written status update on or before May 31, 2023.
17The Tribunal orders that the hearing of this matter will be held by video hearing commencing on Wednesday, December 6, 2023 at 10 a.m. Eight days have been set aside.
18The Panel is not seized, however, will remain available for case management subject to the Tribunal’s calendar.
19No further notice will be given.
“C. Hardy”
c. hardy
MEMBER
“S. Dixon”
s. dixon
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.