Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 28, 2023
CASE NO(S).:
OLT 22-004779
OLT 23-000025
OLT 23-000155
PROCEEDING COMMENCED UNDER subsection 29(11) of the Ontario Heritage Act, R.S.O. 1990, c. O.18, as amended
Appellant: Woodcliffe Landmark Properties Limited
Subject: Objection designation By-law 1241-2022
Municipality: City of Toronto
Property Address: 1196, 1202, and 1204 Yonge Street
OLT Case No.: OLT-22-004779
OLT Lead Case No.: OLT-22-004779
OLT Case Name: Woodcliffe Landmark Properties Limited v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 29(11) of the Ontario Heritage Act, R.S.O. 1990, c. O.18, as amended
Appellant: Woodcliffe Landmark Properties Limited
Subject: Objection to designation By-law 1242-2022
Municipality: City of Toronto
Property Address: 1206, 1208 and 1210 Yonge Street
OLT Case No.: OLT-22-004780
OLT Lead Case No.: OLT-22-004779
OLT Case Name: Woodcliffe Landmark Properties Limited v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34.1(1) of the Ontario Heritage Act, R.S.O. 1990, c. O.18, as amended
Appellant: Woodcliffe Landmark Properties Limited
Subject: Demolition Permit to permit redevelopment of the site
Reference Number: 21 239174 STE 12 0Z
Municipality: City of Toronto
Property Address: 1196-1204 Yonge Street
OLT Case No.: OLT-23-000025
OLT Lead Case No.: OLT-23-000025
OLT Case Name: Woodcliffe Landmark Properties Limited v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34.1(1) of the Ontario Heritage Act, R.S.O. 1990, c. O.18, as amended
Appellant: Woodcliffe Landmark Properties Limited
Subject: Demolition Permit to permit redevelopment of the site
Reference Number: 21 239174 STE 12 0Z
Municipality: City of Toronto
Property Address: 1206-1210 Yonge Street
OLT Case No.: OLT-23-000026
OLT Lead Case No.: OLT-23-000025
OLT Case Name: Woodcliffe Landmark Properties Limited v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Woodcliffe Landmark Properties Limited
Subject: Application to amend the Zoning By-law – Failure to make a decision
Description: To facilitate redevelopment of the site for a 15-storey mixed-use building with 200 square meters of grade-related retail
Reference Number: 21 239174 STE 12 0Z
Municipality: City of Toronto
Property Address: 1196-1210 Yonge Street & 2-8 Birch Avenue
OLT Case No.: OLT-23-000155
OLT Lead Case No.: OLT-23-000155
OLT Case Name: Woodcliffe Landmark Properties Limited v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A.
Appellant: Woodcliffe Landmark Properties Limited
Subject: Site Plan Control Application – Failure to approve
Description: To facilitate redevelopment of the site for a 15-storey mixed-use building with 200 square meters of grade-related retail
Reference Number: 21 239181 STE 12 RH
Municipality: City of Toronto
Property Address: 1196-1210 Yonge Street & 2-8 Birch Avenue
OLT Case No.: OLT-23-000156
OLT Lead Case No.: OLT-23-000155
OLT Case Name: Woodcliffe Landmark Properties Limited v. Toronto (City)
Heard: June 19, 2023, via video conference
APPEARANCES:
Parties
Counsel
Woodcliffe Landmark Properties Limited
Eileen Costello
City of Toronto
Gabe Szobel
Colin Dougherty
Medbers Limited
Johanna Shapira
MEMORANDUM OF ORAL DECISION DELIVERED BY SHARYN VINCENT ON JUNE 19, 2023 AND ORDER OF THE TRIBUNAL
1Woodcliffe Landmark Properties Limited (“Woodcliffe”) have brought appeals against the failure of the City of Toronto to make decisions with respect to applications to rezone and grant site plan approval for the proposed redevelopment of lands known as 1196 - 1210 Young St. and 2-8 Birch Ave., to accommodate a 15 storey, mixed use building with grade related retail uses.
2Also before the Tribunal are related appeals against the passage of Bylaws, 1241-2022 and 1242-2022 which designate 1196-1204 and 1206-1210 Yonge St. pursuant to Section 29 of the Ontario Heritage Act., R.S.O. 1990, c 0.18, as amended, (“OHA”), and appeals against the refusal of demolition permits for the above numerated Yonge St. properties, which have been appealed under s. 34.1(1) of the OHA.
3The Affidavit of Service attesting to the combined notice of all of the aforementioned appeals was filed and marked as Exhibit 1.
4The Tribunal was also in receipt of one request for party status on behalf of Medbers Limited, the owner of adjacent property known, municipally as 10-12 Birch Ave, and one participant request to maintain a watching brief from Frank Copping, a long term resident of the area. Counsel for Medbers Limited advised that their client intended only to maintain a watching brief in the consideration of the appeals pursuant to the OHA, but intend to call witnesses with respect to the rezoning appeal filed under the Planning Act., R.S.O. 1990, c.P.13, as amended (“Planning Act”)
5Given the threshold issue of the appeals of the designation of the two properties comprising the Yonge Street frontage, these appeals were set down for a three day hearing commencing on December 13th, 2023, in order to allow a decision to issue, thereby informing the case to be made with respect to the balance of the Woodcliffe appeals before the Tribunal.
6A 14 day hearing commencing September 3, 2024, sitting September 3-6, 11-13, 16-20, and 23-24, if necessary, was scheduled to hear the appeals. pursuant to s. 34(11) of the Planning Act, s. 114(15) of the City of Toronto Act. and s. 34 1(1) of the OHA. These appeals are to be heard together, but not consolidated.
7The Parties are to perfect a single draft Procedural Order and Issues Lists, which recognize the phasing of the consideration of the appeals and the prerequisite issuance of a decision in the appeals pursuant to s. 29(11) of the OHA by March 31, 2024, and submit same to the Tribunal for review and finalization no later than July 10, 2023.
8Recognizing that the Parties continue ongoing discussions to narrow the issues, and particularly, those related to the designation, a telephone conference was scheduled for Friday, October 20th at 9:00 a.m. for the Parties to update the Tribunal.
9The hearings are scheduled to proceed as follows:
Telephone Conference Call
October 20, 2023, at 9 a.m. Audio-only line: 416-212-8012 or (Toll Free) 1-866-633-0848 Audio-only access code: 4779874
3 day hearing by video
December 13, 2023, at 10 a.m. GoTo Meeting: https://global.gotomeeting.com/join/660145013 Access code: 660-145-013 Audio-only line: +1 (647) 497-9373 or (Toll Free) 1-888-299-1889 Audio-only access code: 660-145-013
14 day hearing by video
September 3, 2024, at 10 a.m.
(September 3-6, 11-13, 16-20, and 23-24) GoTo Meeting: https://global.gotomeeting.com/join/660145013 Access code: 660-145-013 Audio-only telephone line: +1 (647) 497-9373 or (Toll Free) 1-888-299-1889 Audio-only access code: 660-145-013
10Parties 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.
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
12Persons 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.
13Individuals 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
14Medber Limited was granted Party status with respect to the appeal OLT 23-000155. Mr. Copping was granted Participant status in order to maintain a watching brief.
15The Tribunal has scheduled a telephone conference call, and two separate hearing events all as set out in paragraphs 5-9 above.
16No further notice is required, and, while not seized, the Member may be called upon to assist in the execution of any of the directions flowing from this Order.
“Sharyn Vincent”
SHARYN VINCENT
VICE-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.