Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 25, 2023
CASE NO(S).: OLT-23-000129
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: 2405 Lakeshore Boulevard Inc.
Subject: Request to amend the Official Plan– failure to adopt the requested amendment
Description: To facilitate redevelopment of subject property with a 10-storey mixed-use building and a 33-storey residential tower
Reference Number: 21 235704 WET 03 OZ
Property Address: 2405-2417 Lakeshore Boulevard West
Municipality: City of Toronto
OLT Case No.: OLT-23-000129
OLT Lead Case No.: OLT-23-000129
OLT Case Name: 2405 Lakeshore Boulevard 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: 2405 Lakeshore Boulevard Inc.
Subject: Zoning By-law Amendment Application – failure to make a decision
Description: To facilitate redevelopment of subject property with a 10-storey mixed-use building and a 33-storey residential tower
Reference Number: 21 235704 WET 03 OZ
Property Address: 2405-2417 Lakeshore Boulevard West
Municipality: City of Toronto
OLT Case No.: OLT-23-000130
OLT Lead Case No.: OLT-23-000129
OLT Case Name: 2405 Lakeshore Boulevard Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: 2405 Lakeshore Boulevard Inc.
Subject: Proposed Plan of Subdivision – failure to make a decision
Description: To facilitate redevelopment of subject property with a 10-storey mixed-use building and a 33-storey residential tower
Reference Number: 21 236099 WET 03 SB
Property Address: 2405-2417 Lakeshore Boulevard West
Municipality: City of Toronto
OLT Case No.: OLT-23-000131
OLT Lead Case No.: OLT-23-000129
OLT Case Name: 2405 Lakeshore Boulevard Inc. v. Toronto (City)
Heard: July 13, 2023 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| 2405 Lakeshore Boulevard Inc. | S. Snider (appearing for J. Meader, in absentia) |
| City of Toronto | J. Braun A. Lo-Wong |
| Mayer Investments Limited | A. Platt A. Whyte |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. BRAUN ON JULY 13, 2023 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”) held to organize appeals by 2405 Lakeshore Boulevard Inc. (“Appellant”) against the failure of the City of Toronto (“City”) to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment and Plan of Subdivision in relation to the property located at 2405-2417 Lakeshore Boulevard West (“subject property”). The Applicant proposes to redevelop the subject property with a 10-storey mixed use building and a 33-storey residential tower containing 471 residential units.
2The Tribunal received a sworn Affidavit of Service dated June 30, 2023, confirming that Notice of this CMC was properly given, and as such, no further notice will be required.
3In response to the Notice, the Tribunal received one request for Party Status from Mayer Investments Limited (“Mayer”), the owner of lands which directly abut the subject property. Mayer intends to redevelop those lands and is currently in the beginning stages of filing development applications with the City. Counsel for Mayer indicated his client is in the process of refining a list of issues for the hearing, but anticipates calling evidence on issues such as adequacy of tower separation, site circulation, access and other matters related to ensuring that development on its lands and the subject property are appropriately coordinated.
4Having been satisfied that Mayer has a direct interest in the matter, will be affected by the decision and will assist the making of a decision on the appeals, the Tribunal granted Mayer’s request for Party Status on the consent of the other Parties. As the Tribunal did not receive any other Party or Participant Status requests and no other individuals appeared at the CMC to request status of any kind, the appeal will accordingly proceed with the involvement of the Appellant, the City and Mayer.
5The Parties indicated they would not be in a position to finalize an Issues List (“IL”) until the fall of 2023 given that City Council is not scheduled to meet again until after the summer break, resulting in an inability for counsel for the City to receive instructions. Despite the foregoing, the Tribunal was asked to set the matter for a 10-day hearing in spring/summer 2024. In acknowledgement of the fact that the Tribunal’s calendar is a public resource to be judiciously managed, the Parties provided as much detail as possible to support the setting of a hearing date at this time, including an overview of the issues they expect to argue. Counsel for the Appellant also expressed concern that waiting to schedule a hearing until an IL is finalized would result in unnecessary delay and prejudice to his client.
6Given the overview provided by the Parties and the unique circumstances surrounding the timing of Council meetings which precludes counsel for the City from receiving instructions on the matter, the Tribunal scheduled a 10-day video hearing which will commence at 10 a.m. on Monday, July 8, 2024. The Parties agreed that they would submit to the Tribunal a finalized Procedural Order (“PO”) and IL no later than Monday, November 27, 2023.
7Parties 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
8Parties 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.
9Persons 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 (647) 497-9391. The access code is as indicated above
10Individuals 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.
11Recognizing the relatively early stage of this appeal, the Tribunal very briefly canvassed opportunities for settlement and reminded the Parties of the availability of Tribunal-led mediation. In response, the Parties advised they are open to engaging in either formal or informal discussions and expressed optimism that they would be able to resolve or narrow issues in time. In the event the Parties reach a settlement or narrow issues allowing for some or all of the days set aside for the hearing to be released, they are directed to advise the case co-ordinator as soon as possible, so as to ensure timely redistribution of those dates to other matters.
12The Tribunal inquired as to whether there were any other matters to be addressed which might assist in the fair, just and expeditious resolution of this matter. The Parties indicated there were none.
ORDER
13The Tribunal orders as follows:
a) Mayer Investments Limited is a Party in the proceeding;
b) The Parties shall submit, for the Tribunal’s review and approval, a finalized draft Procedural Order and Issues List no later than Monday, November 27, 2023;
c) A 10-day video hearing will commence at 10 a.m. on Monday, July 8, 2024;
d) There will be no further notice and this Member is not seized, but may be available for case management should the Tribunal’s calendar permit.
“S. Braun”
S. Braun 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.