GF 580 The East Mall Ltd. v. Toronto (City), 2023 CanLII 46254

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: May 23, 2023

CASE NO(S).: OLT-22-003758

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

Applicant/Appellant: GF 580 The East Mall Ltd.

Subject: Application to amend the Zoning By-law – neglect to make a decision

Description: To permit the redevelopment of the western portion of the Property for a 26-storey rental apartment building.

Reference Number: 21 196655 WET 02 OZ

Property Address: 580 The East Mall

Municipality/UT: Toronto/Toronto

OLT Case No: OLT-22-003758

OLT Lead Case No: OLT-22-003758

OLT Case Name: GF 580 The East Mall Ltd. v. Toronto (City)

Heard: May 8, 2023 by video hearing

APPEARANCES:

Parties	Counsel
GF 580 The East Mall Ltd. (“Applicant”)	David Bronskill
City of Toronto (“City”)	Uttra Gautam Jessica Braun (in absentia)

DECISION DELIVERED BY JEAN-PIERRE BLAIS AND ORDER OF THE TRIBUNAL

Link to Final Order

INTRODUCTION

1The matter before the Tribunal is an appeal by the Applicant pursuant to subsection 34(11) of the Planning Act (“Act”) due to the failure of City Council to make a decision within the applicable statutory timeline. The Applicant is seeking a Zoning By-law amendment (“ZBA”) to facilitate the redevelopment of the western portion of the property known municipally as 580 The East Mall in the City (“Subject Property”). The Applicant initially proposed to construct a 26-storey rental apartment building (“Initial Proposal”). The adjacent 16-storey rental apartment building would be maintained “Existing Building”).

2By decision dated September 7, 2022, the Tribunal set down the matter for a five-day Merit Hearing following a Case Management Conference held on August 18, 2022. However, the Merit Hearing was converted into a Settlement Hearing when the Parties came to an agreement on all outstanding issues (“Proposed Settlement”). The Proposed Settlement is now before the Tribunal for approval.

3The uncontested and extensive evidence in support of the Proposed Settlement was provided by Tyler Peck, retained by the Applicant, who was qualified as an expert on land use planning. Mr. Peck’s written evidence, in the form of an Affidavit sworn on May 4, 2023, including various attachments, was marked as Exhibit 2.

BACKGROUND

4On August 6, 2021, the Applicant filed with the City a ZBA application to the Former City of Etobicoke Zoning Code and City of Toronto Zoning By-law 569-2013.

5Under the Initial Proposal, the building would be located on the west side of the Subject Property and was generally rectangular in shape, with a three-storey base, on top of which was a 23-storey tower, for a total building height of 26 storeys (81.25 metres, excluding mechanical penthouse).

6Following settlement discussions, revised plans were filed with the City. The Proposed Settlement incorporates changes to the August 2021 Submission, including reduced tower height, increased building setbacks, increased podium height, and a reduction in gross floor area, among other matters. City Council adopted the recommendations of the City Solicitor related to the settlement, with modifications, at their meeting held on 29 March 2023. The following chart compares the key revisions between the August 2021 Submission and the Proposed Settlement adopted by City Council:

Building Statistics	Initial Proposal	Proposed Settlement
Building Height	81.25 metres, plus 7.0-metre mechanical penthouse	69.15 metres, plus 2.85 metre mechanical penthouse
Storeys	26	22
Residential Gross Floor Area (Per Zoning By-law 569-2013 Definition)	19,638 square metres	17,803 square metres
Floor Space Index (Gross Site Area)	3.92	3.70
North Setback (Capri Park)	11.0 metres (at-grade) 16.9 metres (4th to 23rd floor) 25.1 metres (24th to 26th floor)	2.5 metres (below grade to new parking garage) 5.0 metres (at-grade) 7.5 metres (2nd to 5th floors) 17.0 metres (6th to 21st floors) 25.2 metres (22nd floor)
East Setback (Existing Building)	33.0 metres (at-grade) 36.0-38.5 metres (4th to 26th floor)	30.2-30.8 metres (at-grade) 32.7-33.3 metres (2nd to 5th floors) 33.2-35.6 metres (6th to 21st floors) 33.2-36.2 metres (22nd floor)
South Setback (7 Capri Road)	12.5 metres (ground to 26th floor)	12.5 metres (ground to 22nd floor)
West Setback	3.0 metres (at-grade) 9.2-11.7 metres (4th to 26th floor)	5.5 metres (at-grade) 8.0 metres (2nd floor to 6th floor) 12.04-14.2 metres (7th floor to 22nd floor)

7No part of the building, including but not limited to mechanical penthouse, antennae, vents, flag poles and window-washing equipment will project above the Canadian Geodetic Datum elevation of 219 metres.

8The revised proposal includes upper-level stepbacks to minimize shadow impacts on Capri Park, with a floor plate of 782 square metres for floors 7 to 21, reducing to 581 square metres for the 22nd floor.

9The proposed podium has been revised to a height of five-storeys, with a minimum 5 metre setback from Capri Park to the north and a 5.5 metre setback from the western property line, inclusive of any balcony encroachments (but excluding the bike ramp at the ground floor).

10The ZBA is proposed to secure a minimum of 10% of the units as 3-bedroom units and 15% of the units as 2-bedroom units.

11The proposed at-grade indoor and outdoor amenities will be available to meet the programming needs of existing and future residents and visitors, without pass-through of the costs to tenants occupying the existing rental units. The revised plans show 341 square metres of at-grade indoor amenity space on the eastern side of the new building to be connected directly with the lobby and 123 square metres of indoor amenity area on the 6th floor, with both areas contiguously linked with a total of at least 464 square metres of outdoor amenity space, as well as other landscaped areas. Post-renovation indoor and outdoor amenity space in the existing building will also be the subject of a tenant survey to inform the programming of this space.

12The Proposed Settlement provides a privately-owned public space of approximately 174 square metres at the northwest corner of the Property.

13The existing waste collection will be consolidated at-grade within a wholly enclosed garbage containment and sorting room located internally in the proposed building, with one Type-G loading space to serve both buildings. The proposed surface parking has been reduced to four parallel parking spaces located along the southern portion of the existing driveway, while the remainder of the area has been enhanced through the addition of trees and soft landscaping features.

14The Applicant agreed to provide a Construction Mitigation Plan and Tenant Communication Strategy.

SUBJECT PROPERTY AND SURROUNDINGS

15The Subject Property is in the Islington-City Centre West neighbourhood of the former City of Etobicoke in the City and is generally located southwest of the intersection of Rathburn Road and The East Mall. The property is bordered by Capri Park to the north, The East Mall to the east, a 19-storey Toronto Community Housing Corporation building (7 Capri Road) to the south, and Highway 427 to the west.

16The Subject Property is approximately 8,422 square metres in area with a frontage of 68.57 metres and a depth of 120.26 metres. A small “panhandle” portion extends west to Highway 427.

17The Subject Property contains a 16-storey rental apartment building with associated surface parking and landscaping. The Existing Building contains a total of 122 rental apartment units, consisting of 1 bachelor unit, 45 one-bedroom units, 61 two-bedroom units and 15 three-bedroom units. The Existing Building contains an approximate residential gross floor area of 13,400 square metres, with a Floor Space Index (FSI) of 1.59.

18A Committee of Adjustment Application, with an approved decision on December 3, 2020, permitted the conversion of the apartment building's former gym, sauna and change room, as well as the rental office and management storage areas to 6 additional residential units, including 3 bachelor, 2 one-bedroom and 1 two-bedroom units. These renovations will provide for a total of 128 rental dwelling units in the Existing Building.

19The western portion of the Subject Site presently contains a vacant area, comprising a pedestrian walkway and landscaping.

20Vehicular access is provided by a driveway off The East Mall, which connects with a designated pick-up and drop-off area located at the front of the Existing Building. The driveway extends further west, connecting with vehicular surface parking and a ramp which leads to one level of underground parking. A total of 25 surface vehicle parking spaces and 137 underground vehicle parking spaces are currently available on the Subject Property, comprising 156 resident parking spaces and 6 visitor parking spaces.

21The neighbourhood has a range of transportation options. The East Mall is classified as a Minor Arterial. Minor Arterials provide some property access control, which primarily serves for traffic movement and accommodates moderate traffic volumes throughout the day. The East Mall provides a sidewalk on both sides of the street. The neighbourhood and Subject Property are served by public transit.

22There is significant proposed development activity within the area, with apartment infill and redevelopment projects of up to 24 storeys in height.

EVIDENCE AND ANALYSIS

23Although this was a Settlement Hearing, the Tribunal must nevertheless be satisfied that the revised proposal meets all legislative tests. In particular, the Tribunal must be satisfied that the revised proposal:

a. has regard to matters of provincial interest in s. 2 of the Act;

b. is consistent with the Provincial Policy Statement 2020 (“PPS 2020”);

c. conforms to the Growth Plan for the Greater Golden Horseshoe (“Growth Plan”);

d. conforms to the City of Toronto’s Official Plan (“City’s OP”); and,

e. has regard to the Tall Building Design Guidelines.

24Mr. Peck testified that, in his professional opinion, the proposed ZBA, to permit the redevelopment of the Subject Property in accordance with the Proposed Settlement, represents an appropriate form of land use planning and was in the public interest and met all the legislative tests. The following is an account of his uncontested evidence, which is accepted by the Tribunal.

Section 2 of the Act

25Mr. Peck testified that the Proposed Development has regard to the relevant matters of provincial interest provided in s. 2 (f), (h), (h.1), (j), (p), (q) and (r) of the Act.

PPS 2020

26Mr. Peck testified that, in his professional opinion, the Proposed Development is consistent with the PPS 2020 policies. The Subject Property is located within a settlement area. The PPS supports intensification within settlement areas and specifically directs that they be the focus of growth and development. The PPS contains policies that encourage a mix of uses, especially where redevelopment occurs within existing urban areas, and where services and infrastructure already exist to support growth. It includes policies which emphasize increasing the supply and range of housing options through intensification and transit-supportive development forms and emphasizes a market-based approach to the delivery of new housing.

27Mr. Peck opined that the Proposed Development contributes to the diverse supply and mix of housing options in the local neighbourhood, addressing the emerging housing need by providing new residential rental housing units in a compact tall building form on a vacant portion of the Subject Property. As intensification can be accommodated within the existing network of servicing and road infrastructure, it further supports the achievement of cost-effective development. The Subject Property is well-served by the adjacent pedestrian realm and nearby active transportation network. The Proposed Development is supportive of existing transit services, which connect to higher order transit. In his view, this will support reduced automobile dependency, and increased transit ridership and non-motorized transportation.

28The Proposed Development will increase the range of housing available within the neighbourhood, including the provision of larger units by providing 52% of all proposed new units as two-bedroom or larger in size.

29In Mr. Peck’s opinion, the Subject Property is well-positioned to accommodate the Proposed Development. The Proposed Development increases the supply and mix of housing options, including family-sized units, in an evolving neighbourhood that has access to a full range of soft and hard urban services and infrastructure including community centres, libraries, schools, day cares, public transit, and a full range of existing public utilities. The Proposed Development optimizes the use of an existing parcel of land within the City’s built-up area, intensifying an underutilized site with an efficient and compact built form that minimizes consumption of land and resources in the long-term.

Growth Plan

30In Mr. Peck’s opinion, pursuant to subsection 3(5)(b) of the Act, the Proposed Development conforms to, and does not conflict with the Growth Plan. In his view, the Proposed Development represents a form of intensified development that the Growth Plan encourages, within the built-up area that takes advantage of the existing and planned services, amenities, and infrastructure, including public transit, and contributes to the development of a complete community centered around open spaces, transit, and active transportation.

31The Subject Property is located within the delineated built-up area and settlement area. Mr. Peck noted that the Growth Plan specifically envisages that better use of land and infrastructure can be made by directing growth to settlement areas and prioritizing intensification to accommodate population growth, by providing convenient access to a full range of housing to accommodate a range of incomes and household sizes.

32The Proposed Development contributes, in his view, to the achievement of complete communities by providing a large mix of rental apartment unit sizes from one-bedroom to three-bedroom units to meet the needs of various household sizes and ages. Convenient access to local stores and services is available within the Subject Property’s surrounding area and can be accessed safely and comfortably by active transportation and public transit. The compact form envisioned for the Proposed Development contributes to a vibrant public realm along The East Mall and Capri Park.

33Mr. Peck opined that the Proposed Development delivers an appropriate built form in an area where higher-density tall building development has occurred and is occurring, encourages intensification generally, adds residential uses to an area well-served by infrastructure and public service facilities, and implements appropriate transitions to adjacent built form using setbacks and stepbacks.

34The Proposed Development includes a range of unit types, thereby contributing to a mix of housing options.

City’s OP

35In Mr. Peck’s opinion, the Proposed Development conforms to the City’s OP. The Subject Property is designated Apartment Neighbourhoods on Map 14 of the OP.

36The Subject Property is located adjacent to Highway 427, which is considered a major facility; and the Proposed Development includes residential uses, which is a sensitive land use. Mr. Peck explained that the OP outlines a list of criteria for new development proposing sensitive land uses, including residential uses, which are located within the area of influence of major facilities. These should be planned to ensure they are appropriately designed, buffered, or separated as appropriate from such major facilities.

37The ZBA application is supported by a Noise and Vibration Impact Study, prepared by LEA Consulting, and an Air Quality Assessment, prepared by Gradient Wind Engineering Inc. The supporting technical reports identify necessary measures to prevent or mitigate negative impacts, minimize the risk of complaints, and ensure compliance with environmental approvals. These studies are considered draft reports and are to be confirmed through a peer review process.

38The Proposed Development is located outside of the required 14-metre setback for residential buildings from 400-series highways, as per the Ministry of Transportation’s Building and Land Use Policy. No risks to public health and safety are anticipated because of the Proposed Development.

39Mr. Peck explained that neighbourhoods in the City will change over time. The Proposed Property, along with the lands to the immediate east, south-east, and south, are designated Apartment Neighbourhoods. The lands located further east are designated Neighbourhoods, which are considered physically stable areas made up of residential uses in lower scale buildings. He also explained there may be sites within Apartment Neighbourhoods that contain space that is not well-utilized by the residents of existing apartment buildings. In some instances, these sites could be improved through the addition of infill development that will enhance existing site conditions and maintain and/or improve on-site amenities for both new and existing residents. He testified that this is applicable to the Subject Property which contains a significant amount of underutilized space in the form of vacant lands and surface parking. The Proposed Development will introduce an infill development, along with new indoor and outdoor amenity spaces, as well as proposed landscaping, significantly improving the efficient use of the site.

40While the OP notes that Apartment Neighbourhoods are not areas of significant growth on a city-wide basis, there are sites containing one or more existing apartment building(s) where compatible infill development may take place. Under the policy, compatible infill development may take place where there is sufficient space on a site to accommodate additional buildings or building additions while providing a good quality of life for both new and existing residents and improving site conditions by maintaining or substantially replacing and improving indoor and outdoor amenity space.

41Mr. Peck testified that development in Apartment Neighbourhoods close to Neighbourhoods is further required to be compatible with adjacent Neighbourhoods, provide a gradual transition of scale and density, maintain adequate sunlight and privacy for residents in Neighbourhoods, orient and screen lighting and amenity areas, locate and screen service areas and any surface parking and access to underground and structured parking, and attenuate resulting traffic and parking impacts on adjacent neighbourhood streets.

42Mr. Peck testified that the Proposed Development responds to the above policies by contributing a built form which is responsive to the built context of the Apartment Neighbourhoods and surrounding area. The Proposed Development improves site conditions by improving and providing programmed indoor and outdoor amenity space. The Proposed Development is appropriately sited and scaled to maintain adequate light and privacy on all adjacent properties and avoids adverse shadowing of the public realm or adjacent buildings, including casting minimal new shadows on the Neighbourhoods area. The Proposed Development locates all parking, loading, and servicing areas either below grade, or shielded from the public realm along The East Mall through an efficient site layout and landscaping interventions.

43Mr. Peck also testified that the Proposed Development provides setbacks and stepbacks that limit the impact of the tall building on the pedestrian realm and parks. The proposed height of 22 storeys is located towards Highway 427 and the centre of the Apartment Neighbourhood, with the Existing Building, at 16 storeys, transitioning in height to the east, down to the one to six storey buildings on the east side of The East Mall. Notably, a series of stepbacks and transitions to the north are also provided and the Proposed Development is massed in a way that steps down towards Capri Park, limiting shadowing impacts. Additionally, the massing, siting, and separation distances of the Proposed Development are such that shadowing is adequately limited.

44In Mr. Peck’s opinion, the Proposed Development seeks to weave the Subject Site back into the fabric of the street network and the public realm by providing landscaping improvements and enhanced pedestrian connectivity with the Apartment Neighbourhoods block, as well as new indoor and outdoor amenity spaces which are accessible to new and existing tenants. The proposed five-storey base building frames the edge of Capri Park at a good proportion.

45Mr. Peck also opined that the Proposed Development provides a large amount of indoor and outdoor amenity spaces intended for use by all residents, representing an improvement over existing conditions, where limited programmed amenity space is provided.

46He also explained that the Proposed Development is highly compatible with the scale of the surrounding existing and planned context, which contains existing buildings up to 24 storeys, with recent development applications proposing infill apartment developments up to 21 storeys in height within the Apartment Neighbourhoods block.

47The Proposed Development includes generous setbacks and appropriate stepbacks which mitigate shadow impacts onto adjacent properties and the nearby Capri Park, as demonstrated by the Shadow Study prepared in support of the application.

48The Proposed Development provides a series of new pedestrian connections, including a connection along the frontage of the Existing Building, in addition to providing native tree and shrub planting along the public realm frontage, which will enhance pedestrian movement, while contributing towards creating a comfortable pedestrian environment along The East Mall corridor.

49In Mr. Peck’s opinion, the Proposed Development enhances and expands the adjacent public realm along The East Mall by providing new vegetation, including soft landscaping, along the Existing Building’s frontage contributing to and enhancing some of the existing landscaping conditions found along the corridor, further improving the streetscape and pedestrian realm. The Proposed Development includes the widening of the existing sidewalk in The East Mall right-of-way to 2.1 metres in accordance with contemporary requirements. A system of walkways and connections are proposed to be established across the Subject Site, integrating the Proposed Development with the surrounding pedestrian walkways, and cycling network, and providing direct access to Capri Park and the adjacent buildings within the Apartment Neighbourhoods block.

50With respect to built form, Mr. Peck testified that the Proposed Development conforms to City’s OP, as amended though OPA 480, which was approved by the province on 11 September 2020. Sections 3.1.3 and 3.1.4 detail how building design contributes to the visual quality, comfortable environment and safety of a building site, and the surrounding public realm and neighbourhood.

51Mr. Peck explained that the Proposed Development is responsive to the surrounding context, which is largely tall residential buildings. The base of the Proposed Building is oriented parallel to The East Mall and to Capri Park, with building entrances that are clearly delineated through ground-level fenestration, articulated architectural features, and weather-protected at the southeast and northeast corners by a recessed doorway, canopy, and distinct fenestration. Simultaneously, the Proposed Development will frame the edges of the new landscaped area, providing for an attractive private open space area that is diverse and active with ground uses which includes multiple building entrances which connect with the building’s lobby and indoor amenity spaces.

52Mr. Peck added that the Proposed Development proposes distinct façade materials and articulated features which will create visual interest and emphasize the lower five floors of the building, creating a strong connection to the public realm, while providing more “eyes on the street” and park. The Proposed Development’s façade demonstrates an appropriate fit on the Subject Property and will improve the public realm.

53Mr. Peck opined that Proposed Development appropriately responds to the tall building policies contained in the OP. The Proposed Building is sited and oriented in a north-south direction and maintains compatible organization with adjacent planned and existing buildings. The Proposed Development consists of a grade-related five-storey base building which will animate the ground floor with active grade-related uses, including primary building entrances and indoor amenity areas, and will appropriately frame the edges of the landscaped area and Capri Park. The tower element appropriately applies stepbacks and a narrower floorplate at upper levels to create a massing that maintains adequate access to direct sunlight and daylight, maintains sky view, limits any adverse shadow or wind impacts to the public realm, and contains high quality facade articulations to fit harmoniously with adjacent buildings.

54With respect to the supply of housing, Mr. Peck testified the Proposed Development will secure existing rental housing units and will provide a series of improvements for residents and visitors of the Existing Building by integrating the Proposed Development with the surrounding pedestrian and cycling network through a system of new walkways and connections, along with new indoor and outdoor amenity spaces, as well as proposed high-quality landscaping. The proposed at-grade indoor and outdoor amenity spaces in the Proposed Development will be available to meet the programming needs of existing and future residents and visitors of the Existing Building, without pass-through of the costs to tenants occupying the existing rental units, such as through rent increases. The indoor and outdoor amenity space for the Existing Building is also proposed to be renovated, after a tenant survey to inform the programming of this space.

55With respect to community services and facilities, Mr. Peck noted the Subject Property is well-served by a variety of community services and facilities including schools, community centres, places of worship, and day cares, and is well positioned in relation to City parkland and natural areas.

56The Proposed Development minimizes shadowing and other effects on Capri Park, with no shadow on the existing play area and a fast-moving shadow in the middle of the day because of the building orientation. The Proposed Development’s shadow profile is like the Existing Building, affecting the park approximately 2 hours later. The Proposed Development preserves the utility of Capri Park and does not restrict the public’s unfettered use of the park.

City’s Tall Building Design Guidelines

57Mr. Peck explained that the City-wide Tall Building Design Guidelines establish a unified set of performance measures for the evaluation of all tall building development applications across the City. The Guidelines are not a statutory policy document; however, they serve to complement the policies of the OP. The Guidelines defines tall buildings as those with heights that are greater than the width of the right-of-way of the street on which they are located, and contains recommendations related to building siting, massing, floor plate size, setbacks, stepbacks, and other relevant design considerations.

58Having reviewed in detail those Guidelines, Mr. Peck testified that in his professional opinion the Proposed Development has appropriate regard to the City of Toronto Tall Building Design Guidelines.

CONCLUSION

59In summary, based on the foregoing uncontested evidence, the Tribunal finds that the revised Proposed Development meets all the legislative tests, namely that it (i) has regard to matters of provincial interest in s. 2 of the Act; (ii) is consistent with the PPS 2020; (iii) conforms to the Growth Plan; (iv) conforms to the City’s OP; and (v) has regard to the Tall Building Design Guidelines. Furthermore, considering the settlement having been endorsed by the City, the Tribunal makes its findings while exercising regard for the decision of the City pursuant to s. 2.1(1)(a) of the Act. The Tribunal further finds that the Revised Proposal is in the public interest and constitutes good planning.

60The Proposed Settlement contemplates that the Tribunal should withhold its Final Order until the certain conditions have been met. The Tribunal has considered this request and finds it reasonable in the circumstances.

ORDER

61THE TRIBUNAL ORDERS that:

62The appeal pursuant to s. 34(11) of the Act is allowed in part, on an interim basis, contingent upon confirmation, satisfaction or receipt of those pre-requisite matters identified in the paragraphs below, and a Zoning By-law amendment to facilitate the proposed development of the Subject Property, in accordance with the revised architectural plans, attached as Exhibit “G” to the Affidavit of Mr. Peck, marked by the Tribunal as Exhibit 2, is approved in principle.

63The Tribunal will withhold issuance of its Final Order contingent upon confirmation of the following pre-requisite matters:

a. The Tribunal has received and approved the Zoning By-law Amendment, in a final form, confirmed to be satisfactory to the City;

b. The Tribunal is advised that the Applicant has provided a revised Functional Servicing Report, Stormwater Management Report, Municipal Servicing and Grading Plan, and any other reports or documents deemed necessary in support of the development to the City for review and acceptance by and to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c. The Tribunal is advised that the Applicant has entered into a financially secured agreement to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services for the construction of any improvements to the municipal infrastructure, at the Applicant’s sole expense, should it be determined that upgrades are required to support the development as identified in the accepted Functional Servicing and Stormwater Management Reports or other reports accepted by the Chief Engineer and Executive Director, Engineering and Construction Services; and,

d. The Tribunal is advised that the Applicant has completed a peer review of the Noise and Vibration Impact Study and Air Quality Assessment to the satisfaction of the Chief Planner and Executive Director, City Planning.

64If the Parties do not submit the final draft of the Zoning By-law Amendment, and provide confirmation that all other contingent pre-requisites to the issuance of the Final Order set out in the paragraphs above have been satisfied, and do not request the issuance of the Final Order, by Wednesday, May 8, 2024, then the Applicant and the City shall provide a written status report to the Tribunal by that date, as to the timing of the expected confirmation and submission of the final form of the draft Zoning By-law Amendment and issuance of the Final Order by the Tribunal. In the event the Tribunal fails to receive the required status report, or in the event the contingent pre-requisites are not satisfied by the date indicated above, or by such other deadline as the Tribunal may impose, the Tribunal may then dismiss the Appeal.

65The Tribunal may, as necessary, arrange the further attendance of the Parties by Telephone Conference Call to determine the additional timelines and deadline for the submission of the final draft of the Zoning By-law Amendment, the satisfaction of the contingent pre-requisites, or the issuance of the Final Order.

66The Panel Member will remain seized for the purposes of reviewing and approving the final draft Zoning By-law Amendment and the issuance of the Final Order.

67Tribunal may be spoken to if there are difficulties in satisfying the above conditions for the issuance of the Tribunal's Final Order.

“Jean-Pierre Blais”

JEAN-PIERRE BLAIS 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 (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.