Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 10, 2023
CASE NO(S).: OLT-23-000141
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
789 Don Mills Developments Inc.
Subject:
Request to amend the Official Plan – Failure to adopt the requested amendment
Description:
To permit a multi-phased development consisting of privately Owned Publicly Accessible Open Space (POPS) with below grade parking in the existing conference centre and residential towers
Reference Number:
22 184087 NNY 16 OZ
Property Address:
789-793 Don Mills Road and 10 Ferrand Drive
Municipality/UT:
Toronto/Toronto
OLT Case No.:
OLT-23-000141
OLT Lead Case No.:
OLT-23-000141
OLT Case Name:
789 Don Mills Developments Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
789 Don Mills Developments Inc.
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
To permit a multi-phased development consisting of privately Owned Publicly Accessible Open Space (POPS) with below grade parking in the existing conference centre and residential towers
Reference Number:
22 184087 NNY 16 OZ
Property Address:
789-793 Don Mills Road and 10 Ferrand Drive
Municipality/UT:
Toronto/Toronto
OLT Case No.:
OLT-23-000143
OLT Lead Case No.:
OLT-23-000141
PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A
Applicant and Appellant:
789 Don Mills Developments Inc.
Subject:
Site Plan
Description:
To permit a multi-phased development consisting of privately Owned Publicly Accessible Open Space (POPS) with below grade parking in the existing conference centre and residential towers
Reference Number:
22 184086 NNY 16 SA
Property Address:
789-793 Don Mills Road and 10 Ferrand Drive
Municipality/UT:
Toronto/Toronto
OLT Case No.:
OLT-23-000144
OLT Lead Case No.:
OLT-23-000141
Heard:
June 16, 2023 by video hearing
APPEARANCES:
Parties
Counsel
789 Don Mills Developments Inc. (the “Appellant”)
C. Tanzola
J. Reyes
City of Toronto (the “City”)
L. Bisset
J. Davidson
Donmeg Developments Limited
S. Tomasella
J. Fraser
MEMORANDUM OF ORAL DECISION DELIVERED BY d. ARNOLD ON JUNE 16, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This first Case Management Conference (“CMC”) was held to prepare for a hearing on the merits of the Appellant’s appeals to the Tribunal of the failure or neglect of the City to make decisions with respect to the Appellant’s applications for an Official Plan Amendment, a Zoning By-law Amendment and Site Plan Approval within the respective prescribed statutory timelines (the “Appeals”) to permit the redevelopment of the lands municipally known as 789 to 793 Don Mills Road and 10 Ferrand Drive, in the City of Toronto (the “Subject Property”) including approximately 2,660 residential units (the “Proposed Development”).
2The Tribunal entered into evidence as Exhibit 1, in these proceedings, the Affidavit of Service of Justine Reyes sworn on June 1, 2023 and is satisfied that same demonstrates proper notice such that no further notice is required in these proceedings.
3The three appeals comprising collectively the Appeals are not presently the subject of a consolidation or “hearing together” order of the Tribunal. Counsel for the Appellant submitted that it is not appropriate to consider such an order at this time as the matters are still in the very preliminary stages and, indeed, revised drawings and plans pertaining to the Proposed Development have been submitted to the City very recently. The City did not oppose this submission at the CMC, subject to reserving the right to a future position on consolidation or “hearing together” which may or may not oppose the position of the Appellant on this issue. The Tribunal concurs that the three Appeals comprising collectively the Appeals will continue to be “carried together administratively” by the Tribunal but not the subject of a formal consolidation or “hearing together” order at this time.
PARTY AND PARTICIPANT STATUS
4There was one request for Party Status in the subject proceedings. Donmeg Development Limited (“Donmeg”) seeks Party Status as it is the owner of lands located immediately northeast of the Subject Property and has concerns pertaining to proposed and potential access to the Subject Property that may be considered as part of consideration of the Appeals and in particular, as such access may affect the status and use of lands known as “Foresters Lane” and “Sonic Way”, both of which are not opened as public road allowances presently. The Tribunal is satisfied that Donmeg has genuine land use planning interests pertaining to the Appeals and, on consent of the Parties, grants Party Status to Donmeg.
5There was one request for Participant Status in the subject proceedings. Toronto Standard Condominium Corporation 2818 (“TSCC 2818”) seeks Participant Status as it administers the lands located immediately to the east and north of the Subject Property and has concerns regarding the Proposed Development including concerns relating to building height, setbacks, separation and the juxtaposition and relationship of the Proposed Development in relation to the adjacent properties as well as shadow, privacy and traffic impacts. The Tribunal is satisfied that TSCC 2818 is raising genuine land use planning issues and, on consent of the Parties, grants Participant Status to TSCC 2818.
CASE MANAGEMENT CONFERENCE
6The Parties requested the scheduling of a second CMC in these proceedings, to be scheduled in Fall, 2023. As noted above, the Appellant has recently submitted revised plans and drawings to the City pertaining to the Proposed Development and City staff has not yet had an opportunity to review same, provide any comments or questions of clarification to the Appellant, and seek any instructions from the City’s Council. Counsel for the City indicated that there may be a meeting of the City’s Council in October or November, 2023, at which instructions may be obtained by the City’s counsel.
7In view of the foregoing, the Tribunal concurs that it is appropriate to schedule a second CMC to take place, as detailed below.
8A second CMC is scheduled to take place by video hearing on Wednesday November 15, 2023 at 10 a.m. in order to consider matters including an update on the status of the revised Proposed Development, and consideration of possible hearing dates and a draft Procedural Order including Issues List.
9Parties 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. The hearing is scheduled to proceed by video as follows:
https://global.gotomeeting.com/join/519389173
Access code: 519-389-173
10Parties 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
11Persons 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) 497-9373. The Access Code is as indicated above.
12Individuals 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.
13The Tribunal directs the Parties to use reasonable best efforts (recognizing the time constraints in the event that the City’s counsel is unable to obtain instructions from the City’s Council until the November Council meeting) to work together on a draft Procedural Order including a draft Issues List for consideration at the second CMC together with consideration of other matters including possible hearing dates and the utility of mediation, including Tribunal-facilitated mediation, in an effort to resolve or narrow the issues of the Appeals.
ORDER
14The Tribunal Orders as follows:
[a] Donmeg Developments Limited is granted Party Status in the subject proceedings.
[b] Toronto Standard Condominium Corporation 2818 is granted Participant Status in the subject proceedings.
15The Tribunal orders that a further Case Management Conference will be held on Wednesday, November 15, 2023 at 10.a.m. by video hearing.
16The Member will remain available for continued case management to the extent that the Tribunal calendar permits.
“D. Arnold”
D. ARNOLD
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.