Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 29, 2023
CASE NO(S).: OLT-22-002424
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Timbertrin (Guildwood) GP Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: ZBA to permit 4 mixed-use buildings
Reference Number: 21 138377 ESC 24 OZ
Property Address/Description: 4121 Kingston Road
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-22-002424
OLT Lead Case No.: OLT-22-002424
OLT Case Name: Timbertrin (Guildwood) GP Inc. v. Toronto (City)
Heard: March 30, 2023 by video hearing (“VH”)
APPEARANCES:
| Parties | Counsel/Agent |
|---|---|
| Timbertrin (Guildwood) GP Inc. | Rodney Gill, David Bronskill (in absentia) |
| City of Toronto | Mark Crawford |
| Metrolinx | Christie E. Gibson, Signe Leisk (in absentia) |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. MANN ON MARCH 30, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is a Case Management Conference (“CMC”) respecting an appeal pursuant to s. 34(11) of the Planning Act (“Act”) by Timbertrin (Guildwood) GP Inc. (“Appellant”) against the failure of the City of Toronto (“City”) to make a decision within the statutory timeframe on an application for a Zoning By-law Amendment (“ZBLA”) in relation to 4121 Kingston Road (“subject property”). The proposed development is the construction of four mid-rise mixed-use buildings. The subject property is located immediately adjacent to high order transit.
2The Tribunal received a draft Procedural Order with Issues List. They hope to finalize and narrow the scope of issues shortly.
3The Tribunal canvassed the Parties with respect for opportunities for settlement. The Parties notified the Tribunal that they have had without prejudice discussions for potential resolution, which have been productive and hope to reach settlement by October of this year.
4Parties requested the scheduling of both another CMC as well as a 10-day hearing. The intention of the CMC is to provide a status update with either a request to convert the CMC to a settlement hearing, failing which, finalizing of the Procedural Order and Issues List.
HEARING
5Upon request of the parties, the Tribunal set a third CMC commencing on Wednesday, October 18, 2023 at 10:00 a.m. by VH. No further Notice is required for the hearing.
6The CMC is scheduled to proceed by video as follows:
https://global.gotomeeting.com/join/519389173
Access Code: 519-389-173
7Further, upon request of the parties, the Tribunal set a ten (10) day hearing commencing on Monday, February 5, 2024 at 10:00 a.m. by VH. No further Notice is required for the hearing.
8The CMC is scheduled to proceed by video as follows:
https://global.gotomeeting.com/join/558205565
Access Code: 558-205-565
9Parties and Participants 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.
10Persons 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: Toll-Free 1-888-299-1889 or +1 (647) 497-9373. The Access Code is as indicated above.
11Parties and Participants 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
12Individuals 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
13THE TRIBUNAL ORDERS that:
The date and particulars of the hearing are set out above;
No further notice is required;
The Member is not seized.
“S. Mann”
S. MANN
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.