Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 16, 2023
CASE NO(S).: OLT-22-004328
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: BV Realty Partners GP Inc. & Trolleybus Urban Developments
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the development of a 26-storey residential building and a 6-storey base building
Reference Number: 22 114201 WET 05 OZ
Property Address: 1-9 Oxford Drive
Municipality/UT: City of Toronto
OLT Case No.: OLT-22-004328
OLT Lead Case No.: OLT-22-004328
OLT Case Name: BV Realty Partners GP Inc. & Trolleybus Urban Developments v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: BV Realty Partners GP Inc. & Trolleybus Urban Developments
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of a 26-storey residential building and a 6-storey base building
Reference Number: 22 114201 WET 05 OZ
Property Address: 1-9 Oxford Drive
Municipality/UT: City of Toronto
OLT Case No.: OLT-22-004329
Heard: March 2, 2023, by Telephone Conference Call
APPEARANCES:
| Parties | Counsel |
|---|---|
| Trolleybus Urban Developments and BV Realty Partners GP Inc. | Rodney Gill |
| City of Toronto | Mark Crawford |
MEMORANDUM OF ORAL DECISION DELIVERED BY DAVID BROWN ON MARCH 2, 2023, AND ORDER OF THE TRIBUNAL
1The Tribunal convened a second Case Management Conference (“CMC”) in respect of the appeals filed by Trolleybus Urban Developments and BV Realty Partners GP Inc. (the “Appellant”) against the City of Toronto’s (the “City”) failure to make a decision on an application to Amend the Official Plan and the Zoning By-law within the timeframes prescribed in the Planning Act, R.S.O. 1990, c. P. 113, as amended.
2The Tribunal convened the CMC to consider a draft Procedural Order (“DPO”) and an Issues List (“IL”) and to set a date for the hearing of the merits of the appeals.
3The Parties provided a DPO and IL to the Tribunal on consent in advance of the CMC.
4The Tribunal reiterated its encouragement for the Parties to continue discussions with a goal of narrowing the issues and, if possible, to negotiate a settlement of this matter.
5The Tribunal scheduled a 5-day hearing to be conducted by video commencing on Monday, January 15, 2024, at 10:00 am. to consider the merits of the appeals.
6Parties 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.
7The CMC is scheduled to proceed by video as follows:
https://global.gotomeeting.com/join/344779885
Access Code: 344-779-885
8Persons 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.
9Parties 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
10Individuals 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.
11The Procedural Order attached to this decision as Attachment 1 shall govern the proceedings leading up to and including the hearing.
ORDER
12THE TRIBUNAL ORDERS THAT a hearing of the merits is scheduled for 5-days commencing on Monday, January 15, 2024, at 10:00 a.m. as set out above in paragraphs [6] through [9] inclusive.
“David Brown”
DAvid Brown
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.
ATTACHMENT 1