Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 06, 2023
CASE NO(S).: OLT-22-004277
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant: 955-969 Weston Road Development Limited Partnership
Appellant: CP REIT Ontario Properties Limited
Appellant: Hollis Dev LP
Appellant: KingSett Capital
Appellant: Trolleybus Urban Developments Inc.
Subject: Proposed Official Plan Amendment
Description: The purpose and effect of Official Plan Amendment 571 is to add a new Secondary Plan (Mount Dennis Secondary Plan) to the Official Plan
Reference Number: 18 161660 WET 11 OZ
Property Address: Mount Dennis Secondary Plan
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-22-004277
OLT Lead Case No: OLT-22-004277
OLT Case Name: 955-969 Weston Road Development Limited Partnership v. Toronto (City)
Heard: June 26, 2023 by video hearing
APPEARANCES:
Parties
Counsel
Trolleybus Urban Development Inc.,
Rodney Gill
955-969 Weston Road Development
David Bronskill (in absentia)
Limited Partnership, and
CP REIT Ontario Properties Limited
KingSett Capital
Naomi Mares
Eileen Costello (in absentia)
Hollis Dev LP
Daniel Angelucci
Michael Foderick (in absentia)
City of Toronto
Mark Crawford
Michelle LaFortune (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY David Brown ON June 29, 2023 AND ORDER OF THE TRIBUNAL
1The matter before the Tribunal is the second Case Management Conference (“CMC”) convened in respect of appeals filed against the City of Toronto (“City”) for its adoption of Official Plan Amendment No. 571 (“OPA 571”).
2OPA 571 adds a new Secondary Plan, the Mount Dennis Secondary Plan (“MDSP”), to the City’s Official Plan. The purpose and effect of the MDSP is to provide a comprehensive planning framework for future growth, development, and community improvements in the Mount Dennis community within the City.
3Mr. Crawford provided an update for the Tribunal advising that a Tribunal-assisted Mediation was scheduled for April 17, 18, and 19, 2023. The Parties acknowledged that there was not sufficient time to prepare in advance of the April dates and requested that the Mediation be rescheduled. The Tribunal has rescheduled the Mediation for September 14 and 15, 2023.
4Mr. Crawford also advised that the City and Hollis Dev LP have negotiated a settlement in respect to their site-specific appeal for the lands located at 11 - 23 Hollis Street.
5Mr. Angelucci confirmed that his client has settled their site-specific appeal with the City and Mr. Angelucci noted that his client, Hollis Dev LP, still has an interest in the MDSP appeal and is not withdrawing from the proceedings.
6Two further requests for Party Status were received in advance of the CMC. The first was from FortyTwo Communities Fund LP II GP Inc. (“FortyTwo”). Mr. Lusty, on behalf of FortyTwo, advised that his client has followed the approval process of the MDSP and had no objections to the adoption of the Plan. In light of the Appeals, FortyTwo wishes to monitor the proceedings to ensure that their concerns are addressed. Mr. Crawford advised that the City is opposed to granting FortyTwo Party Status. Mr. Lusty, upon being advised of the City’s opposition to his client’s request, withdrew the request for Party Status in the proceedings.
7The second request for Party Status was received from Metrolinx. Mr. Crawford advised that the City does not oppose the request and noted that Metrolinx, being a non-appellant party, may not raise or introduce a new issue in the proceeding and must shelter under an issue raised by an appellant party as set out in Rule 8.3 of the Tribunal’s Rules of Practice and Procedure. Ms. Gibson confirmed that her client is aware of the implications of Rule 8.3, and the concerns of Metrolinx will be scoped to reflect its specific concerns in accordance with Rule 8.3.
8On consent of all the Parties, the Tribunal grants Metrolinx status as a Party in these proceedings.
9Mr. Crawford requested that the Tribunal schedule a further CMC in August for consideration of a Motion that the City is currently contemplating. Mr. Crawford explained that the City is reviewing all current development applications within the MDSP area and in particular, those matters currently pending before the Tribunal and is considering requesting that these matters be adjourned until after the MDSP Appeals have been resolved. He advised that the City is currently working on the proposed conditions and terms.
10Mr. Gill responded advising that he is currently seeking direction from his clients and notes that while scheduling a Motion date is expeditious, he has concerns with the conditions and terms that Mr. Crawford referred to.
11Ms. Mares responded that her client does not currently have a development application pending, however an adjournment of an application, should it be filed before the merit hearing, would not be supported and she requested that this matter proceed to Mediation.
12Mr. Angelucci echoed the position and concerns raised by Ms. Mares and while setting a date for the Motion at this time may be appropriate, his client would not support an adjournment of an application should it be filed prior to the merit hearing of this matter being scheduled.
13The Tribunal, in consideration of the request for the CMC to consider a contemplated Motion to be filed by the City, finds that scheduling a date at this time will ensure that should the City ultimately determine that a Motion is required, that the schedule of future events in respect to this proceeding will not be delayed or impacted to accommodate a Motion date. Accordingly, the Tribunal schedules a further CMC to be held on Tuesday, August 15, 2023, commencing at 10 a.m. by video for the consideration of the Motion to be filed by the City.
14Should the City determine that it will not be filing a Motion, the City shall notify the Tribunal on or before Tuesday, July 25, 2023, that they are not proceeding with the Motion and that the date may be released back to the Tribunal’s calendar.
15Mr. Crawford proposed, and the Parties agreed, that a further CMC be scheduled after the conclusion of the Mediation. Should the Mediation not be successful in resolving the Appeals, the Parties will be seeking a date for the merit hearing and will submit a draft Procedural Order (“PO”) and Issues List (“IL”) for consideration by the Tribunal at that time.
16The Tribunal scheduled a further CMC for Tuesday, October 10, 2023, commencing at 10 a.m. by video for the purpose of considering a PO and IL and scheduling a merit hearing.
17The CMC hearings are scheduled to proceed by video as follows: Tuesday, August 15, 2023 at 10.a.m. GoTo Meeting: https://global.gotomeeting.com/join/709076365 Access code: 709-076-365 Audio-only telephone line: : (Toll-Free) 1-888-299-1889 or +1 (647) 497-9373 Audio-only access code: 709-076-365 Tuesday, October 10, 2023 at 10.a.m. GoTo Meeting: https://global.gotomeeting.com/join/927921077 Access code: 927-921-077 Audio-only line: (Toll-Free) 1-888-299-1889 or +1 (647) 497-9391 Audio-only access code: 927-921-077
18Parties 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.
19Parties 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
20Persons 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.
21Individuals 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.
22The Parties are required to submit a draft PO and draft IL to the Tribunal on or before Wednesday, October 4, 2023.
ORDER
23THE TRIBUNAL ORDERS THAT Metrolinx is granted Party Status in these proceedings.
24AND THAT a further Case Management Conference be held on Tuesday, August 15, 2023, commencing at 10 a.m. by video as set out above in paragraphs [17] to [21] inclusive for the purpose of considering a Motion to be filed.
25AND THAT a further Case Management Conference be held on Tuesday, October 10, 2023, commencing at 10 a.m. by video as set out above in paragraphs [17] to [21] 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.