Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: July 14, 2023

CASE NO(S).: OLT-22-004740

PROCEEDING COMMENCED UNDER subsection 22 (7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant/Appellant: Streetside Capital Holdings Inc., Shivani Ruparell, 2126754 Ontario Inc. Subject: Request to amend the Official Plan - Failure to adopt the requested amendment Description: To facilitate the development of two, 14-storey mixed-use buildings Reference Number: 22 108032 NNY 18 OZ Property Address: 6167 Yonge Street, 10 Newton Drive, & 9 Madawaska Avenue Municipality: City of Toronto OLT Case No.: OLT-22-004740 OLT Lead Case No.: OLT-22-004740 OLT Case Name: Streetside Capital Holdings Inc. v. Toronto (City)

PROCEEDING COMMENCED UNDER subsection 34 (11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant/Appellant: Streetside Capital Holdings Inc., Shivani Ruparell, 2126754 Ontario Inc. Subject: Application to amend the Zoning By-law - Refusal or neglect to make a decision Description: To facilitate the development of two, 14-storey mixed-use buildings Reference Number: 22 108032 NNY 18 OZ Property Address: 6167 Yonge Street, 10 Newton Drive, & 9 Madawaska Avenue Municipality: City of Toronto OLT Case No.: OLT-22-004741 OLT Lead Case No.: OLT-22-004740

Heard: June 30, 2023 by video hearing

APPEARANCES:

Parties

Counsel

Streetside Capital Holdings Inc., Shivani Ruparell, 2126754 Ontario Inc.

Matthew Lakatos-Hayward David Bronskill (in absentia)

City of Toronto

Ray Kallio

MEMORANDUM OF ORAL DECISION DELIVERED BY ERIC S. CROWE ON JUNE 30, 2023 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1The Tribunal convened a second Case Management Conference (“CMC”) on an appeal filed by Streetside Capital Holdings Inc. (“Applicants/Appellants”) against the City of Toronto (“City”) regarding Council’s non-decision of application seeking an Official Plan Amendment (“OPA”) and amendments to Zoning By-law No. 596-2013 and former City of North York Zoning By-law 7625 (“ZBL”) concerning 6167 Yonge Street, 10 Newton Drive, and 9 Madawaska Avenue (“Subject Lands”).

2The purpose of the Zoning By-law Amendment (“ZBLA”) application is to amend the ZBL’s to permit development of two (2), 14-storey mixed-use buildings containing 549 residential units and 997.7 square metres (“m^2”) of at grade commercial space residential units.

3The proposed total of 549 residential units with be divided as follow: 354 units located on Site A and 195 units located on Site B. The units are comprised of 25 studio units, 317 one-bedroom units, 145 two-bedroom units, and 62 three-bedroom units.

PARTY/PARTICIPANT STATUS REQUEST

4In response to the Notice, the Tribunal received no written requests for Party or Participant status at that time.

HEARING

5Ray Kallio, Counsel for the City, advised the parties would be requesting a five-day hearing as per the Procedural Order (“PO”).

6Matthew Lakatos-Hayward, Counsel for the Applicant/Appellant, agrees with the scheduling of a five-day hearing.

THE FINALIZATION OF A PROCEDURAL ORDER AND ISSUES LIST

8The Tribunal has received the Final Draft of the PO including the Issues List. The Final PO as approved by the Tribunal is appended to this Order as Attachment 1.

MEDIATION

9The Tribunal advised of the availability of Tribunal-led mediation.

HEARING DATES

10The number of witnesses, the expected length of the hearing and the availability of Counsel was canvassed by the Tribunal. The Tribunal directs that a five-day Hearing will be held by video hearing commencing on Monday, December 4, 2023, at 10 a.m.

11Parties 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:

GoTo Meeting: https://meet.goto.com/943363669

Access code: 943-363-669

12Parties 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

13Persons 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: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889. The access code is: 943-363-669.

14Individuals 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.

15No further notice will be given.

ORDER

16The Tribunal Member is not seized and may be spoken to for case management purposes subject to the availability of the Tribunal’s calendar.

17The directions in this Decision are so ordered.

“Eric S. Crowe”

ERIC S. CROWE

MEMBER

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

ONTARIO LAND TRIBUNAL

Case No. OLT-22-004740

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Streetside Capital Holdings Inc., Shivani Ruparell, 2126754 Ontario Inc. Subject: Application to amend the Official Plan – Failure to adopt the requested amendment Description: To facilitate the development of two, 14-storey mixed-use buildings Reference Number: 22 108032 NNY 18 OZ Property Address/Description: 6167 Yonge Street, 10 Newton Drive & 9 Madawaska Avenue Municipality: City of Toronto OLT Case No.: OLT-22-004740 OLT Lead Case No.: OLT-22-004740 OLT Case Name: Streetside Capital Holdings 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: Streetside Capital Holdings Inc., Shivani Ruparell, 2126754 Ontario Inc. Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To facilitate the development of two, 14-storey mixed-use buildings Reference Number: 22 108032 NNY 18 OZ Property Address/Description: 6167 Yonge Street, 10 Newton Drive & 9 Madawaska Avenue Municipality: City of Toronto OLT Case No.: OLT-22-004741 OLT Lead Case No.: OLT-22-004740 OLT Case Name: Streetside Capital Holdings Inc. v. Toronto (City)

PROCEDURAL ORDER

1. The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties’ request or its own motion.

Organization of the Hearing

2. The video hearing will begin on Monday, December 4, 2023, at 10 a.m. via video hearing.

3. The length of the hearing is five (5) days. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.

4. The parties and participants identified at the case management conference are set out in Attachment 2.

5. The issues are set out in the Issues List attached as Attachment 4. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.

6. The order of evidence shall be as set out in Attachment 3 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.

7. Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.

8. Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website.

Requirements before the Hearing

9. If the applicant intends to seek approval of a revised proposal at the hearing, the applicant shall provide copies of the revised proposal, including all revised plans, drawings, proposed instruments, updated supporting documents and reports, to the other Parties on or before [120 days before exchange of witness statements]. The applicant acknowledges that any revisions to the proposal after that date without the consent of the Parties may be grounds for a request to adjourn the hearing.

10. A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of witnesses on or before [120 days before hearing], and in accordance with paragraph 24 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified. Any party who intends to challenge the qualifications of an expert witness shall bring a written motion for the challenge within 5 days of receiving the confirmed witness list.

11. Expert witnesses in the same field shall have a meeting on or before [90 days before hearing], and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before [85 days before hearing].

12. An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 14 below. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.

13. Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s evidence as in paragraph 14 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 14 below.

14. On or before [75 days before hearing], the parties shall provide copies of their expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 24 below.

15. On or before [75 days before hearing], a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 24 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

16. The Parties may provide to all other Parties, the City Clerk, and the case co-ordinator a written response to any written evidence on or before [60 days before hearing].

17. On or before [45 days before hearing] the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

18. On or before [10 days before hearing], the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 24 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

19. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before [10 days before hearing].

20. A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.

21. A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.

22. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before [20 days before hearing] with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.

23. At the time of cross-examination, the Parties shall provide to all Parties and the Tribunal, in a password protected format, any documents that will be used by the Party in cross-examination of an opposing Party's witness, unless the presiding Member directs otherwise. The password protected documents shall only be accessible to the Tribunal and the other Parties if they are introduced as evidence at the hearing.

24. All filings shall be submitted electronically and in hard copy. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7.

25. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.

This Member is not seized.

So orders the Tribunal.

Attachment to Sample Procedural Order

Meaning of terms used in the Procedural Order:

A party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other parties, and making submissions on all of the evidence. An unincorporated group cannot be a party and it must appoint one person to speak for it, and that person must accept the other responsibilities of a party as set out in the Order. Parties do not have to be represented by a lawyer and may have an agent speak for them. The agent must have written authorisation from the party.

NOTE that a person who wishes to become a party before or at the hearing, and who did not request this at the case management conference (CMC), must ask the Tribunal to permit this.

A participant is an individual or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a party may do so). Section 17 of the Ontario Land Tribunal Act states that a person who is not a party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A participant may also be asked questions by the parties should the Tribunal direct a participant to attend a hearing to answer questions on the content of their written submission.

A participant must be identified and be accorded participant status by the Tribunal at the CMC. A participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A participant cannot ask for costs, or review of a decision, as a participant does not have the rights of a party to make such requests of the Tribunal.

Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party or participant intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.

Visual evidence includes photographs, maps, videos, models, and overlays which a party or participant intends to present as evidence at the hearing.

A witness statement is a short written outline of the person’s background, experience and interest in the matter; a list of the issues which he or she will discuss; and a list of reports or materials that the witness will rely on at the hearing.

An expert witness statement should include his or her (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness’ opinions on those issues and the complete reasons supporting their opinions and conclusions and (5) a list of reports or materials that the witness will rely on at the hearing. An expert witness statement must be accompanied by an acknowledgement of expert’s duty.

A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a statement of the participant’s position on the appeal; a list of the issues which the participant wishes to address and the submissions of the participant on those issues; and a list of reports or materials, if any, which the participant wishes to refer to in their statement.

Additional Information

A summons may compel the appearance of a person before the Tribunal who has not agreed to appear as a witness. A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons through a request. (See Rule 13 on the summons procedure.) The request should indicate how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the information provided in the request that the evidence is relevant, necessary or admissible, the party requesting the summons may provide a further request with more detail or bring a motion in accordance with the Rules.

The order of examination of witnesses is usually direct examination, cross-examination and re-examination in the following way:

• direct examination by the party presenting the witness;

• direct examination by any party of similar interest, in the manner determined by the Tribunal;

• cross-examination by parties of opposite interest;

• re-examination by the party presenting the witness; or

• another order of examination mutually agreed among the parties or directed by the Tribunal.

ATTACHMENT 1

SUMMARY OF DATES

DATE	EVENT
[120 days before exchange of witness statements]	Last date to provide copies of revised proposal, including all revised plans and drawings (if any)
[120 days before hearing]	Exchange of witness lists, including names, disciplines and order to be called
[90 days before hearing]	Last date of Expert Witness Meetings
[85 days before hearing]	Agreed Upon Statement of Facts
[75 days before hearing]	Exchange of Witness Statements, summoned witness outlines, Expert Reports and Participant Statements
[60 days before hearing]	Exchange of Reply Witness Statements (if any)
[45 days before hearing]	Notification to Tribunal if all hearing dates required
[10 days before hearing]	Exchange of Visual Evidence (if any), Joint Document Book, and Hearing Plan
[Date]	Hearing commences

ATTACHMENT 2

LIST OF PARTIES/PARTICIPANTS

PARTIES

1. 2806275 Ontario Inc., 2478443 Ontario Inc., and 2469882
2. City of Toronto

ATTACHMENT 3

ORDER OF EVIDENCE

1. Streetside Capital Holdings Inc., Shivani Ruparell, 2126754 Ontario Inc.
2. City of Toronto
3. Streetside Capital Holdings Inc., Shivani Ruparell, 2126754 Ontario Inc. (reply, if any)

ATTACHMENT 4

ISSUES LIST OF THE CITY OF TORONTO

6167 Yonge Street, 10 Newton Drive & 9 Madawaska Avenue

PROVINCIAL STATUTORY & POLICY REQUIREMENTS

Planning Act

4. Is the proposed development, Official Plan Amendment and Zoning By-law Amendment consistent with the purpose of the Planning Act as set out in Section 1.1 of the Planning Act?

5. Does the proposed development, Official Plan Amendment and Zoning By-law Amendment have appropriate regard for matters of provincial interest set forth in Section 2 of the Planning Act?

6. Would the approval of the proposed development, Official Plan Amendment and Zoning By-law Amendment have appropriate regard for the decisions of City Council as required by Section 2.1 of the Planning Act?

Provincial Policy Statement (2020)

7. Is the proposed development, Official Plan Amendment and Zoning By-law Amendment consistent with the Provincial Policy Statement (2020), including, but not limited to Policy 4.6?

A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020)

8. Does the proposed development, Official Plan Amendment and Zoning By-law Amendment conform to and not conflict with the Growth Plan for the Greater Golden Horseshoe (2020), including, but not limited to Section 2.2.2.3 and 5.2.5.6?

CITY OF TORONTO

City of Toronto Official Plan

9. Does the proposed development, Official Plan Amendment and Zoning By-law Amendment conform to the policies of the City of Toronto Official Plan, including, but not limited to the following:

(a) Chapter 2 (Shaping the City): 2.2, 2.3

(b) Chapter 3 (Public Realm, Built Form, Housing and Parks and Open Spaces): 3.1.1, 3.1.3, 3.1.4, 3.2.1, 3.2.3

(c) Chapter 4 (Mixed Use Areas and Neighbourhoods): 4.1, 4.5

10. Does the proposed development, Official Plan Amendment and Zoning By-law Amendment have appropriate regard for the Council-adopted Yonge Street North Secondary Plan, being OPA 615?

11. Do the proposed development, Official Plan Amendment and Zoning By-law Amendment conform to OPA 479 and OPA 480?

Design Guidelines

12. Does the proposed development, Official Plan Amendment and Zoning By-law Amendment appropriately address the City-Wide Tall Building Design Guidelines, Mid-Rise Building Performance Standards and Townhouse and Low-Rise Apartment Guidelines?

13. Does the proposed development, Official Plan Amendment and Zoning By-law Amendment adequately support the objectives of the Growing Up Guidelines in order to accommodate a broad range of households, including families with children? Do the proposed large units generally meet the ideal unit size, as outlined in the Guidelines?

SITE SPECIFIC ISSUES

14. Does the proposed development, Official Plan Amendment and Zoning By-law Amendment represent good land use planning and urban design, having regard to matters such as:

(a) The existing and planned context;

(b) The appropriateness of the proposed built form, massing and scale, building heights, density, and design;

(c) Whether the proposed setbacks and stepbacks are appropriate;

(d) Whether the proposed height of the base (podium) building is appropriate; and

(e) Whether the proposed shadowing is appropriate?

15. Does the proposed development, Official Plan Amendment and Zoning By-law Amendment provide for appropriate transition to adjacent areas in term of height and scale as required by the Official Plan?

16. Does the proposed development, Official Plan Amendment and Zoning By-law Amendment conform to the policies of the City of Toronto Official Plan with respect to Section 3.2.3: Parks and Open Spaces and Chapter 415, Article III of the Toronto Municipal Code, and provide for a parkland dedication that is satisfactory in size, location, and configuration?

17. Does the proposed development, Official Plan Amendment and Zoning By-law Amendment meet the concerns raised in the Engineering and Construction Services memo, dated April 6, 2022?

18. Has appropriate transportation infrastructure been secured in accordance with the Yonge Street North Transportation Master Plan as envisioned in the Yonge Street North Secondary Plan?

19. Does the proposed development, Official Plan Amendment and Zoning By-law Amendment maintain the existing north-south public laneway in its current location and within City ownership given that the City and Toronto Water have not agreed to relocate and/or sell the laneway?

20. Does the proposed development, Official Plan Amendment and Zoning By-law Amendment set an appropriate framework for future development within the Yonge Street North Secondary Plan area, and the potential for resulting capacity constraints for physical infrastructure, including storm water/sanitary, roads, and public transportation, both with the proposed density increase of this application, and the cumulative impact should other properties seek comparable redevelopment?

21. Is the form and content of the draft Official Plan Amendment appropriate?

22. Is the form and content of the draft Zoning By-law Amendment appropriate?

23. Do the proposed development, Official Plan Amendment, and Zoning By-law Amendment represent good planning and is approval of the proposal in the public interest?