Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 01, 2023
CASE NO(S).: OLT-22-004590
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 355 Adelaide Nominee Inc.
Subject: Application to amend Zoning By-law - Refusal or neglect to make a decision
Purpose: To permit a 48-storey mixed-use building
Property Address/Description: 353 and 355 Adelaide St. W., 46 Charlotte St., and 16 Oxley St.
Municipality: City of Toronto
Municipality File No.: 20 160837 STE 10 OZ
OLT Case No.: OLT-22-004590
OLT Lead Case No.: OLT-22-004590
OLT Case Name: 355 Adelaide Nominee Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A
Applicant and Appellant: 355 Adelaide Nominee Inc.
Subject: Site Plan
Purpose: To permit a 48-storey mixed-use building
Property Address/Description: 353 and 355 Adelaide St. W., 46 Charlotte St., and 16 Oxley St.
Municipality: City of Toronto
OLT Case No.: OLT-22-004591
OLT Lead Case No.: OLT-22-004590
Heard: June 28, 2023 by video hearing
APPEARANCES:
Parties
Counsel
355 Adelaide Nominee Inc. (the “Appellant”)
J. Park A. Frank (in absentia)
City of Toronto (the “City”)
D. Elmadany M. Piel (in absentia)
DevGreat Inc.
J. Cheng C. Lantz (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY D. ARNOLD ON JUNE 28, 2023 AND ORDER OF THE TRIBUNAL
1This second Case Management Conference (“CMC”) was held to prepare for a hearing on the merits of the Appellant’s appeals to the Tribunal of the City’s failure to make decisions within the respective statutory time periods on an application for a Zoning By-law Amendment to the City’s Zoning By-law (the “ZBL Appeal”) and an application for Site Plan Approval (the “SPA Appeal”) to permit the redevelopment of the lands municipally known as 355 Adelaide Street West, 46 Charlotte Street, and 16 Oxley Street in the City of Toronto (the “Subject Lands”) with a 48 storey mixed use building comprised of residential, office, and commercial uses and a 12 storey building.
PARTY AND PARTICIPANT STATUS
2Sarah Merredew submitted a written request for Participant status the morning of the first CMC and attended that CMC. Ms. Merredew indicated at the first CMC that she had been and was out of the country on vacation and the subject proceedings only came to her attention earlier in the week of the first CMC. Ms. Merredew advised that she is the owner of a condominium unit at 36 Charlotte Street which is located adjacent to the Subject Lands on the southern and eastern sides. Ms. Merredew indicated that she has land use planning concerns including height and massing, servicing, separation distances, traffic, and heritage matters. In order to provide opportunity for the Appellant and the other parties to receive and consider Ms. Merredew’s request, the Tribunal ordered that Ms. Merredew’s request for Participant status be deferred to this second CMC.
3Ms. Merredew did not attend this CMC. The Appellant, DevGreat and the City did not object to Ms. Merredew’s request for Participant status and the Tribunal is satisfied that Ms. Merredew is raising genuine land use planning concerns. Given the foregoing, the Tribunal grants Participant status to Ms. Merredew.
SCHEDULING OF HEARING
4The Parties submitted that it is expeditious for the appeals to be heard sequentially, with the ZBL Appeal to be scheduled for a hearing at this time and the SPA Appeal to be adjourned sine die, pending and subject to the outcome of the ZBL Appeal and including the potential for settlement by the parties in connection with the SPA Appeal. The Tribunal concurs with this submission.
5The parties estimate that ten (10) hearing days would be required for a hearing on the merits of the ZBL Appeal and the Tribunal concurs with this submission.
6A Video Hearing of the ZBL Appeal has been scheduled for Monday April 29, 2024, commencing at 10:00 a.m., for ten (10) days until Friday May 10, 2024.
7Parties 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.
8The Hearing is scheduled to proceed by video as follows:
https://global.gotomeeting.com/join/709076365
Access Code: 709-076-365
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 +1 (647) 497-9373. The Access Code is as indicated above.
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
11Individuals 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.
PROCEDURAL ORDER
12The parties submitted a draft Procedural Order including Issues List for consideration by the Tribunal and were directed to submit a revised draft Procedural Order including the appropriate dates given the hearing dates and the finalized Procedural Order attached as Schedule “A” to this Order is approved.
MEDIATION OR SETTLEMENT
13The Parties were encouraged to continue with discussions and information exchange as well as to consider opportunities for mediation, including Tribunal-facilitated mediation, in an effort to resolve or narrow the issues of the Appeals. The Tribunal’s Case Coordinator may be contacted in the event that the Parties wish to schedule mediation facilitated by the Tribunal.
ORDER
14THE TRIBUNAL ORDERS as follows:
(a) Sarah Merredew is granted Participant status in the subject proceedings.
(b) The Hearing by video of the ZBL Appeal will commence on Monday April 29, 2024 at 10:00 a.m. for ten (10) days and in accordance with the Procedural Order approved pursuant to this Order.
(c) The SPA Appeal is adjourned sine die pending the outcome of the hearing on the merits of the ZBL Appeal.
15The Tribunal so orders and provides these CMC directives for the purposes of the case management of these appeals.
16The Member is not seized in this matter but will remain available for continued case management to the extent that the Tribunal calendar permits.
“D. Arnold”
D. ARNOLD
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.
SCHEDULE “A”