CORRECTION NOTICE

OLT CASE NO(S).:

OLT-21-001809

DECISION ISSUE DATE(S):

June 16, 2023

CORRECTION NOTICE ISSUE DATE:

July 07, 2023

RE: Lifetime Jackes Inc. v. Toronto (City)

Correction to: In paragraph #12 the link to the GoTo Meeting and access code are incorrect. In paragraph #14 the audio-only telephone lines are incorrect and access code.

Originally:

Corrected to:

https://global.gotomeeting.com/join/219198509 Access code: 219-198-509

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) 455-

1389. The access code is: 558-205-565.

https://global.gotomeeting.com/join/660145013 Access code: 660-145-013

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) 497-9373 or (Toll-Free) 1-888-299-

1889. The access code is: 660-145-013.

“Euken Lui”

EUKEN LUI 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.

ISSUE DATE:

June 16, 2023

CASE NO(S).:

OLT-21-001809

(Formerly PL210266)

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

Applicant and Appellant:

Lifetime Jackes Inc.

Subject:

Application to amend Zoning By-law Nos. 438- 86 and 569-2013 - Refusal or neglect of City of Toronto to make a decision

Existing Zoning:

Residential (R2 Z1.0)

Proposed Zoning:

Site Specific (To be determined)

Purpose:

To permit a 29-storey residential building

Property Address/Description:

49 Jackes Avenue

Municipality:

City of Toronto

Municipality File No.:

20 226916 STE 11 OZ

OLT Case No.:

OLT-21-001809

Legacy Case No.:

PL210266

OLT Lead Case No.:

OLT-21-001809

Legacy Lead Case No.:

PL210266

OLT Case Name:

Lifetime Jackes Inc. v. Toronto (City)

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant:

Lifetime Jackes Inc.

Subject:

Request to amend the Official Plan - Failure of City of Toronto to adopt the requested amendment

Existing Designation:

Apartment Neighbourhoods

Proposed Designated:

Site Specific (To be determined)

Purpose:

To permit a 29-storey residential building

Property Address/Description:

49 Jackes Avenue

Municipality:

City of Toronto

Approval Authority File No.:

20 226916 STE 11 OZ

OLT Case No.:

OLT-21-001569

OLT Lead Case No.:

OLT-21-001809

Heard:

June 6, 2023 by Video Hearing (“VH”)

APPEARANCES:

Parties

Counsel*/Representative

Lifetime Jackes Inc.

A. Suriano* and S. Tomasella* (in absentia)

City of Toronto

S. O’Connor* and C. Dougherty*

Deer Park Residents Group Inc.

C. MacDonald

Friends of David Balfour Park

J. Bossons

MTCC No. 802

A. Biggart*

Summerhill Residents Association

M. Schlaepfer

TSCC No. 1546, Linda Campbell and Elizabeth Hallerman

K. Stitt*

MEMORANDUM OF ORAL DECISION DELIVERED BY S. BRAUN ON JUNE 6, 2023 AND ORDER OF THE TRIBUNAL

1This was a second Case Management Conference (“CMC”) regarding appeals brought by Lifetime Jackes Inc. (“Applicant”/“Appellant”) against the failure of the City of Toronto to make decisions on applications for Official Plan and Zoning By-law Amendments to facilitate the development of a 29-storey residential building at 49 Jackes Avenue.

2At a previous CMC held on September 22, 2021, before a panel differently constituted, the Tribunal scheduled the matter for a 17-day VH, which was to commence on October 3, 2022. Prior to the Hearing, at the request of the Parties, the Hearing was adjourned for the purpose of allowing the Parties to attempt to resolve the appeal through mediation and/or for the Applicant to submit a revised application.

3Alexander Suriano advised that his firm was only recently retained by the Applicant. He further advised that, following the adjournment of the October 2022 Hearing, no mediation had taken place and no changes were made to the development proposal. Given the passage of time and the lack of movement on the file, in the interest of moving the matter forward, Mr. Suriano requested that this CMC be scheduled for the purposes of scheduling new hearing dates and putting in place an updated Procedural Order (“PO”). The Tribunal was advised that but, for one minor change to the Issues List (“IL”) previously approved by the Tribunal, the IL for the rescheduled Hearing remains unchanged.

4Matthias Schlaepfer expressed the view that the previous PO should remain in place and any steps taken prior to the last scheduled Hearing (including the required meeting of the experts and any agreed statement of facts) ought not to be ignored. In response, Mr. Suriano indicated that there was no previous agreed statement of facts and confirmed that the only step taken prior to the October 2022 Hearing which would need to be revisited would be a fresh exchange of witness lists, given the passage of time and the potential for some of the previously listed witnesses to be unavailable for the rescheduled hearing dates.

5The Tribunal agreed that the previous PO is no longer applicable given the adjournment of the Hearing and the passage of all deliverable deadlines specified therein. As such, an updated PO, which sets deadlines for all pre-Hearing deliverables, including exchanges of new witness lists is required.

PARTY/PARTICIPANT UPDATES

6Although the Parties and Participants in this matter have been known for quite some time, in advance of this CMC, the Tribunal received a late Participant Status request from Paul Cravit on May 22, 2023. Mr. Cravit is the President of the Avoca Vale Residents’ Association (“Avoca Vale”), an incorporated entity representing residents on Pleasant Avenue, Avoca Avenue and Rosehill Avenue, near the proposed development. Avoca Vale raised concerns with the proposed development and potential impacts upon David Balfour Park as well as the surrounding neighbourhood.

7On the consent of all Parties, the Tribunal granted Avoca Vale Participant status. As Mr. Cravit possesses some professional expertise in the fields of architecture and urban design and the Participant request form as submitted appeared, at times, to stray into professional opinion, the Tribunal cautioned against including, in the written statement, any professional/expert opinions.

8Counsel for TSCC No. 1546, Linda Campbell and Elizabeth Hallerman indicated that although Mmes. Campbell and Hallerman continue to retain Party Status in the proceeding, TSCC No. 1546 instructed her to write to the Tribunal to advise of its withdrawal as a Party to these proceedings, which she did on June 1, 2022. She requested that the withdrawal of TSCC No. 1546 be reflected on the record.

MEDIATION AND SETTLEMENT

9The Tribunal was advised that although the Parties have not, to this point, engaged in mediation, they remain open to the possibility of holding discussions aimed at scoping the issues and/or participating in mediation with a view to resolving the appeal.

10Some counsel expressed a preference for engaging in Tribunal-assisted mediation, noting the successful track-record of this programme in assisting with the resolution of exceptionally complicated appeals. The Parties were instructed to reach out to the Case Coordinator for assistance in scheduling mediation should they wish to avail themselves of this resource in the future.

HEARING

11At the request of the Parties, the Tribunal scheduled a 17-day Hearing, which will commence at 10 a.m. on Monday, September 23, 2024. It should be noted that the Tribunal will not sit on October 14 and 15, 2024.

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/219198509

Access code: 219-198-509

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) 455-1389. The access code is:

558-205-565.

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.

16A draft PO and IL was provided to the Tribunal in advance of the CMC. Counsel for the Appellant undertook to revise the deliverable deadlines therein in accordance with the Hearing dates set, circulate to the other Parties for consent and submit same to the Tribunal for its review and approval no later than Friday, June 16, 2023.

OTHER MATTERS

17The Tribunal inquired as to whether there were any other matters to be addressed which might assist in the fair, just, and expeditious resolution of this matter. The Parties indicated there were none.

ORDER

18The Tribunal orders as follows:

a) the incorporated Avoca Vale Residents’ Association is a Participant in this proceeding;

b) the withdrawal of TSCC No. 1546 as a Party to the proceeding is confirmed;

c) the Parties shall submit, no later than Friday, June 16, 2023, a revised Procedural Order and Issues List for the Tribunal’s review and approval;

d) a Video Hearing will commence at 10a.m. on Monday, September 23, 2024, and 17 days have been set aside. The Tribunal will not sit on October 14 and 15, 2024;

e) there will be no further notice and this Member is not seized, but may be available for case management purposes should the Tribunal’s calendar permit.

“S. Braun”

S. BRAUN 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.