Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
May 8, 2023
CASE NO.:
OLT-21-001024
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
1734140 Ontario Limited
Appellant:
Anishnawbe Health Toronto et al
Appellant:
OPT Management Ltd. Et al
Appellant:
Devjo Holdings Limited; and others
Subject:
Official Plan Amendment No. 525
Description:
To replace the existing King-Parliament Secondary Plan with a new Secondary Plan for the King-Parliament area
Property Address:
120, 122 & 143 Sherbourne Street
Municipality/UT:
Toronto/Toronto
OLT Case No.:
OLT-21-001024
OLT Lead Case No.:
OLT-21-001024
OLT Case Name:
Allied Properties REIT v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
Devjo Holdings Limited
Appellant:
Li Limited Group of Companies
Appellant:
1Sumach Street Inc.
Appellant:
Parl Estates Limited; and others
Subject:
By-Law 391-2021
Description:
To replace the existing King-Parliament Secondary Plan with a new Secondary Plan for the King-Parliament area
Property Address:
120, 122 & 143 Sherbourne Street
Municipality/UT:
Toronto/Toronto
OLT Case No.:
OLT-21-001039
OLT Lead Case No.:
OLT-21-001024
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
OPT Management Ltd. Et al
Appellant:
2575867 Ontario Inc.
Appellant:
Lanterra Parliament Developments
Appellant:
2547575 Ontario Inc., 33 Parliament GP Inc. & Graywood 33 Limited Partnership; and others
Subject:
By-Law 392-2021
Description:
To replace the existing King-Parliament Secondary Plan with a new Secondary Plan for the King-Parliament area
Property Address:
120, 122 & 143 Sherbourne Street
Municipality/UT:
Toronto/Toronto
OLT Case No.:
OLT-21-001040
OLT Lead Case No.:
OLT-21-001024
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
1226845 Ontario Ltd. et al
Appellant:
Dream Impact Master LP
Appellant:
126 PS Holdings Inc. & 128 PS Holdings Inc.
Appellant:
Queen Ontario GP Inc.; and others
Subject:
By-Law 393-2021
Description:
To replace the existing King-Parliament Secondary Plan with a new Secondary Plan for the King-Parliament area
Property Address:
120, 122 & 143 Sherbourne Street
Municipality/UT:
Toronto/Toronto
OLT Case No.:
OLT-21-001041
OLT Lead Case No.:
OLT-21-001024
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
1734140 Ontario Limited
Appellant:
Anishnawbe Health Toronto et al
Appellant:
1175484 Ontario Inc. et al
Appellant:
Trolley Urban Development; and others
Subject:
By-Law 394-2021
Description:
To replace the existing King-Parliament Secondary Plan with a new Secondary Plan for the King-Parliament area
Property Address:
120, 122 & 143 Sherbourne Street
Municipality/UT:
Toronto/Toronto
OLT Case No.:
OLT-21-001042
OLT Lead Case No.:
OLT-21-001024
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
1888818 Ontario Limited
Appellant:
1654199 Ontario Limited
Appellant:
KingSett Capital Inc.
Subject:
By-Law 395-2021
Description:
To replace the existing King-Parliament Secondary Plan with a new Secondary Plan for the King-Parliament area
Property Address:
120, 122 & 143 Sherbourne Street
Municipality/UT:
Toronto/Toronto
OLT Case No.:
OLT-21-001043
OLT Lead Case No.:
OLT-21-001024
BEFORE:
G. BURTON
Friday, the 5th
VICE-CHAIR
day of May, 2023
D.S. COLBOURNE
VICE-CHAIR
THIS MATTER having come before the Tribunal for a motion on May 19, 2022, the Tribunal having read the Motion Record of the City of Toronto, including the uncontradicted affidavit evidence of Melanie Melnyk, affirmed May 9, 2022, and the exhibits attached thereto, and having heard submissions of the Parties;
THE TRIBUNAL ORDERS that:
The City’s motion is allowed;
The appeals listed in Exhibit D to the Affidavit of Melanie Melnyk, affirmed May 9, 2022, in support of the City's Motion, which is attached as Appendix 1 to this Order are adjourned sine die, subject to the conditions set out in Exhibit E to the Affidavit of Melanie Melnyk, affirmed May 9, 2022, which is attached as Appendix 2 to this Decision; and
Notwithstanding anything ordered above, the Tribunal hereby retains jurisdiction to consider and approve modifications to any policies, non-policy text, definitions, mapping approved herein as may be appropriate to dispose of any of the outstanding appeals before the Tribunal, in accordance with section 9 of the Ontario Land Tribunal Act, 2021, S.O. 2021, c.21, Sched.6.
“Euken Lui”
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.
APPENDIX 1
EXHIBIT D: LIST OF APPEALS WITH SITE-SPECIFIC DEVELOPMENT APPLICATIONS PROPOSED FOR ADJOURNMENT
Appellant
2.2
DASH (Q&S) Inc.
120 122 143 Sherbourne Street 225 Queen Street East
3.1
OTP Management Ltd., Ribbon Est Corp., and Ribbon West Corp.
31A Parliament
5
1175484 Ontario Inc., 1606077 Ontario Inc., John Gault Holdings Inc.
301-317 Queen Street E.
6
1266845 Ontario Limited
187 King Street E & 65 George Street
8
1 Sumach Street Inc.
1 Sumach Street, 2-16 Sumach Street
10
Dream Impact Master LP
49 Ontario St.
12
Queen Ontario GP Inc.
245 Queen St. E, 348-410 Richmond St. E., 88-116 Ontario St., 8-12 Brigden Place
13
King Street I GP Inc.
234-250 King Street East
14
2575867 Ontario Inc.
60 Mill St.
15
Lanterra Parliament Developments
31 Parliament St.
16
BJL Properties Inc. and Lamb Development Corp.
102 Berkeley Street
26.1
Richmond Residential Limited Partnership
245-285 Queen Street East, 348-410 Richmond Street East, 88-106 Ontario Street; 8-12 Brigden Place
26.2
QP Residential GP Inc.
351, 353, 371, 373 Queen Street East, 161 Parliament Street and 80, 82, 90, 92, 94 Power Street
27
Richmond-George Limited
125 George Street and 231 Richmond Street East; 109-117 George Street
28
33 Parliament GP and Graywood 33 Limited Partnership
33 and 37 Parliament Street
37.2
Lamb Development Corp.
429-455 Richmond Street East and 69 & 75 Ontario Street
37.3
Lamb Development Corp.
471-479 Queen Street East
37.4
Lamb Development Corp.
296 – 300 King Street East and 56-60 Berkeley Street
39
First Gulf King Street Inc.
333 King Street East and 200 Front Street East
APPEENDIX 2
OLT-21-001024
PROPOSED TERMS OF ADJOURNMENT FOR
SITE SPECIFIC APPEALS WITH COMPLETE DEVELOPMENT APPLICATIONS
- An Appellant whose appeal(s) is/are adjourned sine die in accordance with the below terms shall scope its appeal(s) geographically to the lands which are the subject of its complete development application.
Appeals Where Site Specific Permissions Are Already Finally Approved
- Where an Appellant already has an in-force site specific zoning by-law approved either by City Council or by the Ontario Municipal Board ("OMB") or Local Planning Appeal Tribunal ("LPAT") or as now continued as Ontario Land Tribunal ("OLT") which does not include an exemption from City of Toronto By-laws 391-2021, 392-2021, 393-2021, 394-2021 and/or 395-2021 (the "Zoning By-law Amendments") and the site specific zoning by-law is not included in the list of prevailing by-laws in the Zoning By-law Amendments (the “Prevailing List”) and relief would be required from the Zoning By-law Amendments in order to obtain a building permit for the development proposal as approved:
a. staff will seek Council authority to add the site specific zoning by-law to the Prevailing List;
b. if staff obtain Council authority, they will request that the OLT modify the Prevailing List to include the site specific zoning by-law.
- When the site specific zoning by-law is added to the Prevailing List, the Appellant will withdraw its appeals of Official Plan Amendment No. 525 ("OPA 525") and/or the Zoning By-law Amendments as they relate to the site. If the Appellant does not withdraw its appeals of OPA 525 and/or the Zoning By-law Amendments as they relate to the site, the City will ask the OLT to dismiss the appeals as they relate to the site and the Appellant shall not object.
Appeals Where Site Specific Permissions Are Already Approved by OMB/LPAT/OLT, but Final Order Withheld
If relief is required from the Zoning By-law Amendments in order to obtain a building permit for the development proposal as approved, the City and the Appellant will jointly request that the necessary relief from the Zoning By-law Amendments be included in the site specific zoning by-laws prior to the issuance of the Final Order.
Within 31 days of the Date of Final Approval of the site specific zoning by-laws, with the necessary relief from the Zoning By-law Amendments, the Appellant will withdraw its appeals of OPA 525 and/or the Zoning By-law Amendments. If the Appellant does not withdraw its appeals of OPA 525 and/or the Zoning By-law Amendments within such 31 days, the City will ask the OLT to dismiss the appeals and the Appellant shall not object.
Appeals Where Site Specific Applications Are Not Yet Approved Site Specific By-laws Adopted by City Council
In the event City Council approves the site specific zoning by-law amendment application and relief is required from the Zoning By-law Amendments in order to obtain a building permit for the development proposal as approved, City Staff and the Appellant will work together to request of City Council that the necessary relief be included in the site specific zoning by-laws.
Within 31 days of the Date of Final Approval of the site specific zoning by-laws, with the necessary relief from the Zoning By-law Amendments, the Appellant will withdraw its appeals of OPA 525 and/or the Zoning By-law Amendments. If the Appellant does not withdraw its appeals of OPA 525 and/or the Zoning By-law Amendments within such 31 days, the City will ask the OLT to dismiss the appeals and the Appellant shall not object.
Site Specific Zoning By-law Amendment Applications Appealed to OLT
If City Council refuses the site specific zoning by-law amendment application or neglects to make a decision and the Appellant appeals the refusal or neglect to the OLT, the parties are at liberty to raise issues with respect to OPA 525 and the Zoning By-law Amendments, and to make argument about the relevance of and weight to be given to OPA 525 and the Zoning By-law Amendments at the OLT hearing of the site specific appeals as may be appropriate.
The Parties may jointly request a disposition from the OLT, in the hearing of the site specific appeals, as to whether relief from the provisions of OPA 525 and/or the Zoning By-law Amendments would be appropriate for the proposal.
In the event the Appellant's site specific zoning by-law amendment application is approved or partially approved by the OLT, and relief from the Zoning By-law Amendments is required in order to obtain a building permit for the development proposal as approved, the Parties will jointly request that the site specific zoning by-laws approved by the OLT include the necessary relief from the Zoning By-law Amendments.
Within 31 days of the Date of Final Approval of the site specific zoning by-laws, with the necessary relief from the Zoning By-law Amendments, the Appellant will withdraw its appeal of OPA 525 and/or the Zoning By-law Amendments. If the Appellant does not withdraw its appeals of OPA 525 and/or the Zoning By-law Amendments as they relate to the site within such 31 days, the City will ask the OLT to dismiss the appeals and the Appellant shall not object.
In the event the Appellant's site specific zoning by-law amendment appeals are dismissed by the OLT, and the OLT makes a finding in the hearing of the site specific appeals as to whether relief from the provisions of OPA 525 and/or the Zoning By-law Amendments would be appropriate as it relates to the proposal before the OLT, and all appeal periods have expired without appeal, neither the Appellant nor the City will attempt to relitigate such finding in subsequent proceedings, including at the general hearing of OPA 525 and the Zoning By-law Amendments. The Appellant will withdraw its appeal of OPA 525 and/or the Zoning By-law Amendments as they relate to the site within 31 days of the OLT's final order dismissing the site specific appeals. If the Appellant does not withdraw its appeals of OPA 525 and/or the Zoning By-law Amendments as they relate to the site within such 31 days, the City will ask the OLT to dismiss the site specific appeals and the Appellant shall not object.
In the event the Appellant's site specific zoning by-law amendment appeal is dismissed by the OLT, and the OLT does not make a finding with respect to whether relief from the provisions of OPA 525 and/or the Zoning By-law Amendments would be appropriate as it relates to the proposal before the OLT:
a. if a Procedural Order identifying the parties, issues and order of evidence for the hearing of the general OPA 525 appeals has been issued, the Appellant will withdraw its site specific appeal of OPA 525 and/or the Zoning By-law Amendments; or
b. if no Procedural Order identifying the parties, issues and order of evidence for the hearing of the general OPA 525 appeals has been issued, the Appellant may elect to participate in the general OPA 525 hearing.
At any point prior to the issuance of a Procedural Order identifying the parties, issues and order of evidence for the hearing of the general OPA 525 appeals, any Appellant with a site specific application whose site specific OPA 525 appeal has been adjourned sine die may choose to participate in the general hearing, provided that the hearing of their site specific application appeals is deferred until the OPA 525 general hearing has concluded and the OLT has issued a decision in respect of the general appeals. In the event any such Appellant so participates in the general hearing and the OLT makes a finding in the general hearing as to whether the provisions of OPA 525 and/or the Zoning By-law Amendments are appropriate for the area to which OPA 525 and the Zoning By-law Amendments apply generally, or the Appellant’s site specifically, neither the Appellant nor the City will attempt to relitigate such finding in the hearing of the Appellant’s site specific appeal.
Any decision made or partial approval granted with respect to OPA 525 and/or the Zoning By-law Amendments in the general proceedings shall be without prejudice to any outstanding deferred site specific appeals (where the Appellant did not participate in the general hearing), and shall not have the effect of limiting the Appellants' rights to litigate OPA 525 and/or the Zoning By-law Amendments as they relate to individual sites in the context of the site specific proceedings.
“Date of Final Approval" means the first day upon which all of the provisions of the site specific zoning by-law amendments have come into force and in effect, with all applicable appeal periods having lapsed with no appeals nor rehearing requests to the OLT, and/or application to court having been commenced with respect thereto or with any such appeals or rehearing requests to the OLT and/or application to court having been finally determined so that a building permit could be issued by the Chief Building Official, permitting the construction contemplated by the site specific zoning by-law amendments, upon the owner obtaining all requisite approvals, submitting the appropriate applications for a building permit and paying the requisite application fees.