Basilian Fathers of Toronto and Daniels HR Corporation v. Toronto (City), 2023 CanLII 5447

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: January 23, 2023

CASE NO(S).: OLT-22-004423

PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: Basilian Fathers of Toronto and Daniels HR Corporation Appellant: The Honourable Ted Arnott on behalf of the Office of the Assembly Appellant: Toronto Catholic District School Board Subject: Proposed Official Plan Amendment No. 582 Description: University of Toronto St. George Secondary Plan Municipality: City of Toronto OLT Case No.: OLT-22-004423 OLT Lead Case No.: OLT-22-004423 OLT Case Name: Basilian Fathers of Toronto and Daniels HR Corporation v. Toronto (City)

Heard: December 9, 2022

APPEARANCES:

Parties	Counsel
City of Toronto	L. Bissett
Basilian Fathers of Toronto and Daniels HR Corporation	S. Lampert
Toronto Catholic District School Board	A. Baker J. Lesage
The Honorable Speaker of the Legislative Assembly of Ontario	S. Turney
Governing Council of the University of Toronto	S. Leisk C. Gibson
University of St. Michael’s College	J. Fraser

DECISION DELIVERED BY G. BURTON AND D. COLBOURNE AND ORDER OF THE TRIBUNAL

INTRODUCTION

1The Tribunal conducted the first CMC with respect to Appeals to Official Plan Amendment 582 (“OPA 582”), being the University of Toronto Secondary Plan under the Official Plan (“OP”) of the City of Toronto. OPA 582 covers the area generally bounded by Bloor Street, College Street, Spadina Avenue, and (roughly) following Bay Street as the eastern boundary.

2There were three appeals to OPA 582:

1. The Basilian Fathers of Toronto and Daniels HR Corporation, with respect to the property at 95 St. Joseph Street. They have reached a settlement with the City and that settlement is before the Tribunal today.
2. The Toronto Catholic District School Board, as owner and lessee of lands within the area and with respect to the property of St. Joseph’s College School at 74 Wellesley Street West.
3. The Honourable Ted Arnott in his capacity as Speaker of the Legislative Assembly of Ontario (Queen’s Park).

3Two persons seek Party status:

1. University of St. Michael’s College, an owner and lessee of lands within the Secondary Plan.
2. The Governing Council of the University of Toronto – which was essentially the Applicant for OPA 582 (thus, this request out of an abundance of caution).

4The Tribunal granted Party status to these two institutions.

5The City sought two additional dates:

1. The first is for a Motion seeking to dismiss the Appeal of the Speaker of the House as lacking the required procedure. The date for this motion is March 7, 2023.
2. The second is for the next CMC, which will be May 8, 2023.

6Connection instructions for the virtual hearings will be provided to the Parties from the Tribunal’s Case Coordinator. No further Notice will be issued.

7With respect to these two events, the City asked, and the Tribunal set directions as follows:

1. 30 days before the Motion, the Appellant is to confirm the scope of Appeals.
2. 45 days before the next CMC, Appellants to provide the City with draft Issues Lists to be incorporated into a draft Procedural Order.
3. 35 days before the second CMC, Added Parties to advise as to which issues under which they will shelter.

8With respect to the settlement between the City, the Basilian Fathers and the Daniels HR Corp, the Tribunal was provided with the viva voce and affidavit evidence of Michael Goldberg, a well-known planner. He has been involved to reach a settlement on behalf of the Appellants since the enactment of OPA 582.

9The 1.3-acre site at 95 St. Joseph Street is located on the south side of St. Joseph Street, one building west of Bay Street. The proposal is for a high-density mixed-use development, including institutional, residential and commercial uses. The final proposal was submitted to City Council on February 6, 2019. On June 29, 2022, a final City staff report recommended approval of the proposal. City Council adopted the report and approved OPA 599 and Zoning By-law 1030-022, which permits a 39-storey mixed-use building. These documents repeal OPA 582 for this site and approve site-specific documents by adding Site and Area Specific Policies (“SASP”) permitting the proposed structure. It is to contain residential and commercial uses, and an institutional use in the form of a senior’s residence. No appeals were filed to OPA 599.

10The Tribunal accepts Mr. Goldberg’s uncontested evidence and finds that the proposed modification to OPA 582 has regard for the provincial interests of s. 2 of the Planning Act, is consistent with the Provincial Policy Statement, 2020, conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020, conforms with the City’s OP, and thus represents good planning and is in the public interest.

ORDER

THE TRIBUNAL ORDERS THAT:

1. The Appeal of the Basilian Fathers of Toronto and Daniels HR Corporation is allowed in part.

2. OPA 582 is modified and partially approved in accordance with Attachment "1", and the modifications are hereby in full force and effect as they apply to the lands at 95 St. Joseph Street as of the date of this Decision, specifically:

   (a) Chapter 9 – Site and Area Specific Policies is amended, by adding Section 9 pertaining to 95 St. Joseph Street; and

   (b) Map 20-4 - Site and Area Specific Policies is amended by identifying 95 St. Joseph Street as Area 9.

3. The remainder of OPA 582 is unapproved and unmodified as of the date of this Order.

4. These Orders and the approval of the above-mentioned portions of OPA 582 are without prejudice to the disposition of the unapproved portions of OPA 582, including but not limited to positions taken by the Parties to any remaining site or area specific Appeals;

5. Notwithstanding anything ordered above, the Tribunal hereby retains jurisdiction to consider and approve modifications to any policies, non-policy text, definitions, and mapping approved herein as may be appropriate to dispose of any of the outstanding Appeals before the Tribunal.

6. The Tribunal further orders that that it may be spoken to in the event any matter(s) arise in connection with the implementation of this Order.

Exhibits

1. Affidavit of Service
2. Affidavit - M. Goldberg

“G. Burton”

G. Burton VICE CHAIR

“D. Colbourne”

D. COLBOURNE VICE CHAIR

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.

ATTACHMENT 1

ATTACHMENT 2

File No. OLT-22-004423

OPA 582 – University of Toronto Secondary Plan Appeals Appellant and Party List

Appellant Name	Contact Information	Address
A1	Basilian Fathers of Toronto and Daniels HR Corporation	Davies Howe LLP The Tenth Floor 425 Adelaide Street West Toronto, ON M5V 3C1 Mark Flowers 416.263.4513 markf@davieshowe.com Samantha Lampert 416.263.4521 samanthal@davieshowe.com
A2	Toronto Catholic District School Board	Borden Ladner Gervais LLP Bay Adelaide Centre, East Tower 22 Adelaide Street West Suite 3400 Toronto, ON M5H 4E3 Andrew Baker 416.367.6250 abaker@blg.com Julie Lesage 416.367.6276 jlesage@blg.com
A3	The Honourable Ted Arnott in his capacity as Speaker of the Legislative Assembly of Ontario	Fasken Martineau Dumoulin LLP Bay Adelaide Centre 333 Bay Street, Suite 2400 P.O. Box 20 Toronto, ON M5H 2T6 Sarah Turney 416.865.4542 sturney@fasken.ca

Party Name	Contact Information	Interest
P1	The Governing Council of the University of Toronto	Cassels Brock & Blackwell LLP Suite 2100, Scotia Plaza 40 King Street West Toronto ON M5H 3C2 Signe Leisk 416.869.5411 sleisk@cassels.com Christie Gibson 416.860.5229 cgibson@cassels.com
P2	University of St. Michael's College	Aird & Berlis LLP Brookfield Place 181 Bay Street, Suite 1800 Toronto, ON M5J 2T9 Eileen Costello 416.865.4740 ecostello@airdberlis.com Jasmine Fraser 647.426.2316 jcmfraser@airdberlis.com