Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 31, 2023
CASE NO(S).: OLT-22-002386 (Formerly PL200541)
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: 1319283 Ontario Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit a 10-storey residential condominium
Reference Number: 20 119591 WET 03 OZ
Property Address: 4161-4169 Dundas Street West and 18-26 Earlington Avenue
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-22-002386
Legacy Case No: PL200541
OLT Lead Case No: OLT-22-002386
Legacy Lead Case No: PL200541
OLT Case Name: 1319283 Ontario 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 – Refusal or neglect to make a decision
Description: To permit a 10-storey residential condominium
Reference Number: 20 119591 WET 03 OZ
Property Address: 4161-4169 Dundas Street West and 18-26 Earlington Avenue
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-22-002387
Legacy Case No: PL200542
OLT Lead Case No: OLT-22-002386
Legacy Lead Case No: PL200541
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 – Refusal or neglect to make a decision
Description: To permit a 10-storey residential condominium
Reference Number: 20 119591 WET 03 OZ
Property Address: 4161-4169 Dundas Street West and 18-26 Earlington Avenue
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-22-002388
Legacy Case No: PL200543
OLT Lead Case No: OLT-22-002386
Legacy Lead Case No: PL200541
Heard: May 26, 2023 by Telephone Conference Call
APPEARANCES:
Parties
Counsel/Representative
1319283 Ontario Inc
Luke Johnston Michael Nemanic Giouzelin Mutlu
City of Toronto
Cameron McKeich Kasia Czajkowski (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY T.F. NG ON May 26, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was a Telephone Conference Call (“TCC”) scheduled upon request of the Applicant/Appellant, 1319283 Ontario Inc. after Post Approval Conditions for its successful s. 22(7) and s. 34(11) Planning Act appeals (the “Prior Appeals”) respecting properties located at 4161 – 4169 Dundas Street West and 18 – 26 Earlington Avenue (“subject property”) in the City of Toronto (“City”) were not signed off by the City.
2According to Mr. Johnston counsel for the Appellant, the City failed to appropriately respond or make a decision on the Appellant’s resubmissions of documents required as part of the Post Approval Conditions under the Decision and Interim Order of the Tribunal issued on October 4, 2022.
3As a result, counsel stated that the Appellant’s development has been unduly delayed by the City’s unresponsiveness or the City’s neglect to sign off on the Post Approval Conditions.
4Counsel stated that the Applicant had previously filed a Site Plan Approval application which the City neglected or failed to make a decision in the required timeframe. The Applicant has resubmitted a Site Plan application and has also filed a notice of Site Plan appeal on May 8, 2023 to the Tribunal. Counsel then requested that this appeal be consolidated with the Prior Appeals’ Post Approval Conditions for a further hearing to be scheduled for three days.
5City’s counsel Mr. McKeich explained that the City is moving files in accordance with file priorities. The Applicant’s resubmissions are being reviewed and circulated interdepartmentally and to relevant agencies which take time. He believes that fixing another TCC in one month’s time will benefit the Parties on the Post Approval Conditions.
6Mr. Johnston reiterated that the development had been delayed for some seven months already, since the resubmissions by the Applicant, and this TCC that was fixed for the City and the Applicant to have time to resolve Conditions did not bear fruit. Another TCC will further delay the matter.
7The Tribunal finds that the Site Plan appeal matter was not before it and will not deal with the request for consolidation.
8The Tribunal directs that the impasse on Post Approval Conditions will be heard by motion. The applicant is directed to file a motion supported by a planner’s (and/or other experts’) affidavit with relevant documents and materials for the Tribunal’s determination of whether the Post approval Conditions have been reasonably satisfied by the Applicant. The City is directed to file its Response to the Motion supported by a planner’s (and/or other experts’) affidavit and relevant documentary materials. Motions are to be in accordance with Rule 10 of the Tribunal’s Rules of Practice and Procedure.
9A hearing is scheduled for one day on Tuesday, June 27, 2023 by video at 10 a.m.
10Parties and 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/979388733
Access code: 979-388-733
11Parties 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
12Persons 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) 497-9373 or Toll-Free 1-888-299-1889. The access code is 979-388-733.
13Individuals 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
14The Tribunal orders that the hearing of the Motion is scheduled on Tuesday, June 27, 2023 by video.
15No further notice will be issued.
16The Member is seized.
“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.