Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 26, 2023
CASE NO(S).: OLT-22-003924
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Fieldgate Urban
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit a four block, 3034-unit mixed use development
Reference Number: 17 277456 ESC 38 OZ
Property Address: 670, 680 and 690 Progress Avenue
Municipality/UT: Toronto
OLT Case No.: OLT-22-003924
OLT Lead Case No.: OLT-22-003924
OLT Case Name: Fieldgate Urban v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a four block, 3034-unit mixed use development
Reference Number: 17 277456 ESC 38 OZ
Property Address: 670, 680 and 690 Progress Avenue
Municipality/UT: Toronto
OLT Case No.: OLT-22-003925
OLT Lead Case No.: OLT-22-003924
Heard: February 27, 2023 by video hearing
APPEARANCES:
Parties
Counsel
Fieldgate Urban
David Bronskill
City of Toronto
Mark Piel/Derin Abimbola
New-Can Realty Ltd.
Chris Tanzola
8104476 Canada Inc.
Meaghan McDermid
MEMORANDUM OF ORAL DECISION DELIVERED BY C. TUCCI AND ORDER OF THE TRIBUNAL
1The matter before the Ontario Land Tribunal (the "Tribunal"), was with respect to the appeals of the failure of the City of Toronto to make a decision regarding an Application to amend the Official Plan and to amend a City of Toronto By-law.
2The purpose of the second Case Management Conference ("CMC") was to receive status updates from both parties to organize the hearing of these appeals.
3The Tribunal was presented with a request for Party status. 8104476 Canada Inc. ("Kevric") is the owner of the lands located at 85 Corporate Drive, Toronto ("Kevric Lands"), which are located immediately adjacent to the north of the lands known as 670-690 Progress Ave. ("Subject Lands"), which are the subject of these Appeals.
4The Tribunal heard that the proposed development for the Subject Lands includes the construction of a new public east-west road along the northern boundary of the property, which is intended to be shared equally with the Kevric Lands. Kevric supports the location and design of the road as currently shown in the Applicant's plans. Kevric therefore has a direct interest in the Appeals in ensuring that the location and design of the road is approved as contemplated.
5Due to a discrepancy in the addressing of the Notice of the Case Management conference, Kevric did not receive the Notice until November 21, 2022, well after the first CMC which was held on September 23, 2022. Accordingly, Kevric was not aware of the first CMC and could not file this form in advance or attend to request Party status at that time.
6The Tribunal canvassed all Parties for any comments; there were no objections.
7Accordingly, the Tribunal granted 8104476 Canada Inc. Party status.
8The Parties informed the Tribunal that within the intervening months from the first CMC, a resolution or settlement of the appeals has not been reached.
9The Tribunal heard that the Parties are seeking to set a date for a hearing on the merits within the first quarter of 2024, fifteen days are sought.
10The Tribunal hereby schedules a hearing of these appeals commencing on Monday February 26, 2024 at 10:00 a.m. to Friday March 15, 2024. Fifteen (15) days have been set aside.
11Parties 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.
12The CMC is scheduled to proceed by video as follows:
https://global.gotomeeting.com/join/344779885
Access Code: 344-779-885
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: Toll-Free 1-888-299-1889 or +1 (647) 497-9373. The Access Code is as indicated above.
14Parties 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
15Individuals 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
16The Tribunal orders that a hearing of these appeals shall be held by video hearing on Monday February 26, 2024 at 10:00 a.m. Fifteen (15) days have been set aside.
17No further notice will be given
18The Member is not seized.
19So Orders the Tribunal.
"Carmine Tucci"
CARMINE TUCCI
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.
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