Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 28, 2023
CASE NO(S).: OLT-22-004331
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: 2509225 Ontario Inc.
Subject: By-law No. 1006-2022
Description: To permit a new master planned community with four new development blocks, new streets and new public park
Reference Number: 19 147759 NNY 17 OZ
Property Address: 2550 Victoria Park Avenue and 2, 4, 6 Lansing Square
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-22-004331
OLT Lead Case No.: OLT-22-004331
OLT Case Name: 2509225 Ontario Inc. v. Toronto (City)
Heard: June 13, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel
2509225 Ontario Inc.
Jonathan Cheng
City of Toronto
Gabe Szobel Amanda Hill (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY S. DIXON ON JUNE 13, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision and Order arises from the first Case Management Conference (“CMC”) held regarding an appeal filed by 2509225 Ontario Inc. (“Appellant”) pursuant to s. 34(19) of the Planning Act, R.S.O. 1990, c. P.13, in respect of the passing of Zoning By-law No. 1006-2022 (“ZBL”) by the City of Toronto (“City”) for the lands municipally known as 2550 Victoria Park Avenue and 2, 4 and 6 Lansing Square (“Subject Lands”).
2The City adopted the ZBL on July 22, 2022, for the purposes of facilitating a mixed-use development on the Subject Lands. However, the Appellant asserts that the ZBL contains significant technical and drafting deficiencies that will impede the ability to develop the property with the Appellant’s proposed development. It is the Appellant’s position that the ZBL, as adopted, is inconsistent with the Provincial Policy Statement, 2020, does not conform with the Growth Plan for the Greater Golden Horseshoe, 2020, and does not conform with the City’s Official Plan.
PROCEDURAL MATTERS
3The Tribunal was in receipt of an Affidavit of Service sworn by Raneisha Hemmings on May 10, 2023, which was marked as Exhibit 1. There were no issues with the service of notice for the CMC and, as such, no further notice is required.
4Prior to the CMC, the Tribunal did not receive any requests for Party or Participant Status and no status requests were raised at the CMC. Counsel also confirmed that they were not aware of any such requests.
OPPORTUNITIES FOR SETTLEMENT
5The Parties advised the Tribunal that they are engaged in productive settlement discussions and are hopeful that a settlement will be reached prior to the July 19 to 21, 2023 City Council meeting. As such, the Parties requested that a second CMC be scheduled in early August 2023 to either present a settlement to the Tribunal or to discuss any remaining issues and request hearing dates, if necessary.
SECOND CMC
6The Tribunal granted the above request and directed that a second CMC will be held by Video Hearing on Tuesday, August 1, 2023 at 10 a.m.
7In the event a settlement between the Parties is not reached before the second CMC, the Parties were directed to file a draft Procedural Order and Issues List with the Tribunal on or before Friday, July 28, 2023.
8Parties 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:
https://global.gotomeeting.com/join/927921077
Access Code: 927-921-077
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.
10Persons 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)- 497-9391. The access code is as indicated above.
11Individuals 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 Video Hearing 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
12THE TRIBUNAL ORDERS that a further CMC will be held by Video Hearing on Tuesday, August 1, 2023, commencing at 10 a.m.
13THE TRIBUNAL ORDERS that, should a hearing be required to resolve the appeal, the Parties shall file a draft Procedural Order and Issues List with the Tribunal on or before Friday, July 28, 2023.
14There will be no further notice.
15This Member is not seized.
“S. Dixon”
S. DIXON
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.