Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
June 13, 2023
CASE NO(S).:
OLT-22-003258
(Formerly PL141074)
OLT-22-002801
(Formerly PL170103)
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
Torgan Management Inc.
Applicant:
University Health Network
Subject:
Proposed Official Plan Amendment No. 246
Description:
To amend the City of Toronto Official Plan
Reference Number:
OPA 246
Property Address:
Bathurst St, between Dupont St and Queen St W
Municipality/UT:
City of Toronto
OLT Case No.:
OLT-22-003258
Legacy Case No.:
PL141073
OLT Lead Case No.:
OLT-22-003258
Legacy Lead Case No.:
PL141073
OLT Case Name:
Torgan Management Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
2538779 Ontario Inc.
Appellant:
500 Bloor Street Property Inc.
Appellant:
844 Bathurst Holdings Inc.
Subject:
Proposed Official Plan Amendment No. OPA 349
Municipality: OLT Case No.:
City of Toronto OLT-22-002801
Legacy Case No.: OLT Lead Case No.: Legacy Lead Case No.:
PL170103 OLT-22-002801 PL170103
OLT Case Name:
500 Bloor Street Property Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
2538779 Ontario Inc.
Appellant:
500 Bloor Street Property Inc.
Appellant:
844 Bathurst Holdings Inc.
Subject:
By-law No. BL 1283-2016
Municipality: OLT Case No.:
City of Toronto OLT-22-002802
Legacy Case No.: OLT Lead Case No.:
PL170104 OLT-22-002801
Legacy Lead Case No.: OLT Case Name:
PL170103 500 Bloor Street Property Inc. v. Toronto (City)
Heard:
May 9, 2023 by video hearing
APPEARANCES:
Parties
Counsel
Torgan Management Inc. and 844 Bathurst Holdings Inc. (Collectively the “Appellant”)
Mary Flynn-Guglietti
City of Toronto (“City”)
Jessica Braun
MEMORANDUM OF ORAL DECISION DELIVERED BY G.C.P. BISHOP ON MAY 9, 2023 AND ORDER OF THE TRIBUNAL
1The Tribunal held two Case Management Conferences (“CMCs”) concurrently as a result of the request by the Appellant and the City to deal with two legacy files that have been in existence for a number of years. Settlements have been reached, between the City and the Appellant, on both files and these CMCs are convened to give direction to the Parties for the preparation and presentation of the proposed settlement to the Tribunal.
2The Tribunal reviewed the Affidavit of Service and marked it as Exhibit 1. The circulation for Official Plan Amendment No. 246 (“OPA 246”) (Formerly PL141074) was straight forward. The only two Parties remaining are the City and the Appellant. The former file, PL170103, was more challenging. This file involves two planning instruments with a number of appeals to the City’s adoption of Official Plan Amendment No. 349 (“OPA 349”) and the passing of By-law No. BL 1283-2016 (the “By-law”).
3As background to these files, OPA 246 Secondary Plan is located along the Bathurst Street corridor from Queen Street in the south to Dupont Street in the north, divided into eight Character Areas. OPA 349 and the By-law is concentrated within the Bathurst-Bloor Character Area of OPA 246 and is also referred to as the Bathurst and Bloor Four Corners.
4OPA 349 and the By-law received three appeals being 500 Bloor Street Property Inc. (“500 Bloor”), 2538779 Ontario Inc. (“2538779”) and 844 Bathurst Holdings Inc. (“844 Bathurst”). There were four added parties, in the form of Residents Associations, as follows: Palmerston Area Residents’ Association; Harbord Village Residents’ Association; Annex Residents’ Corporation; and Seaton Village Residents’ Association.
5There has been a minimum of eight hearing events tied to OPA 349 and the By-law. 500 Bloor took the approach of a watching brief to protect their interest if potential changes to policy occurred that affected their lands. 2538779 settled with the City and other Parties and the settlement was presented at the sixth CMC and the Order issued on February 11, 2019, which included the withdrawal on the appeal of the By-law. The only added Party listed for this event is Harbord Village Residents’ Association. There is no indication that the other three added Parties have withdrawn their Party status in the reading of this Decision, but they were not in attendance.
6In both CMC seven and eight, the only Parties listed are the City, 500 Bloor and 844 Bathurst with none of the four added Parties being present. Without the benefit of having confirmation of whether the four added Parties had formally withdrawn from the process, it is important that the Tribunal is satisfied that proper notice was served on the Residents’ Groups. The Tribunal is satisfied that the Four Residents’ Groups were properly served notice and given that none have joined this event, the Tribunal orders that the four added parties be removed as parties to these matters. The Tribunal is also satisfied that 500 Bloor no longer has any interest in the Appellant’s site specific appeal.
7Both OPA 246 and OPA 349 are in full force and effect, save the site specific appeal by the Appellant, and the Tribunal finds that the fair and efficient way to deal with the presentation of the settlement of these appeals is in writing. The Tribunal directs the Parties to supply the settlement materials and affidavit of the chosen planner to the Tribunal no later than Friday, June 2, 2023. The Tribunal does not see the need to consolidate the two files at this stage of the process and will complete separate Decisions for the two appeal streams.
8The Tribunal has set the date of the written hearing event on the Tribunal calendar on Friday, June 16, 2023.
9This Member has a good understanding of the history of these two legacy files, and will remain on these cases and review the settlement material. The Tribunal reminded the Parties that there are three planning instruments. The Tribunal does understand that settlements will be presented in relation to OPA 246 and OPA 349 but directs the Parties to consider their approach to resolving the By-law appeal. Jessica Braun, Counsel for the City, explained that the By-law focused on the area of retail and service and the Parties will put their minds to the By-law. This could be accomplished by withdrawal of the appeal of the By-law or any other means agreeable to the parties. Records indicate that the only outstanding appeal to the By-law appears to be 500 Bloor Street Property Inc.
10If any issues arise, during the review of the written material, the Tribunal will direct the Parties to attend a Telephone Conference Call to deal with any unanswered questions.
11The Tribunal so Orders the directives above.
“G.C.P. Bishop”
G.C.P. BISHOP
ALTERNATE-CHAIR
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.