Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 04, 2023
CASE NO(S).:
OLT-22-004174
OLT-22-004285
OLT-22-002352
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
CSG Yonge Manor Limited and CSG Hillsdale Limited, et al
Subject:
By-law No. 595-2022
Description:
To permit policies pertaining to Yonge and Eglinton Secondary Plan
Reference Number:
Zoning By-law No. 595-2022
Property Address:
Various Addresses in Toronto
Municipality/UT:
City of Toronto
OLT Case No.:
OLT-22-004174
OLT Lead Case No.:
OLT-22-004174
OLT Case Name:
CSG Yonge Manor Limited and CSG Hillsdale Limited 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:
2040 Yonge St. Ltd., Yonge Glebe Investments Ltd. and Yonge Street Investments Ltd.
Subject:
Application to amend Zoning By-law No. 438-86 and 569-2013 - Refusal or neglect of the City of Toronto to make a decision
Existing Zoning:
Commercial residential (CR)
Proposed Zoning:
Site Specific (To be determined)
Purpose:
To permit a 14-storey mixed use building
Property Address/Description:
2010-2050 Yonge Street
Municipality:
City of Toronto
Municipality File No.:
21 235352 STE 12 OZ
OLT Case No.:
OLT-22-002352
OLT Lead Case No.:
OLT-22-002352
OLT Case Name:
2040 Yonge St. Ltd. et al v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Referred by:
2040 Yonge St. Ltd., Yonge Glebe Investments Ltd. & Yonge Street Investments Ltd.
Subject:
Site Plan
Property Address/Description:
2010-2050 Yonge Street
Municipality:
City of Toronto
OLT Case No.:
OLT-22-002353
OLT Lead Case No.:
OLT-22-002352
Heard:
June 20, 2023, via Video Hearing and June 23, 2023 via Telephone Conference Call
APPEARANCES:
Parties
Counsel
CSG Yonge Manor Limited and CSG Hillsdale Limited (“CSG”) 505 Markham Inc. 2587318 Ontario Inc. 2596434 Ontario Inc. 207 Yonge Inc. (“505 Markham”) 2040 Yonge Street Limited Yonge Glebe Investments Ltd. Yonge Street Investments Inc. (”2040 Yonge Street et al”).
Zachary Fleisher and David Bronskill (in absentia) Zachary Fleisher and David Bronskill (in absentia) Mark Flowers
MEMORANDUM OF ORAL DECISION DELIVERED BY SHARYN VINCENT ON JUNE 20, 2023 AND ORDER OF THE TRIBUNAL
1Originally, four entities brought appeals against the City of Toronto By-law No. 595-2022, which sets out regulations governing development within the Yonge Eglinton Secondary Plan Area.
2The Tribunal was advised, and has confirmed that, at the previous case management hearing on January 23, 2023, the appeal of Medallion Properties Inc. in connection with 1500 Bayview Avenue was subject of a consolidation request to have the site specific appeal of By-law No. 595-2022 heard with the site specific appeal pursuant to s. 34(11) of the Planning Act under Tribunal File No. OLT-22-004285. The request was granted at that Case Management Conference (“CMC”) and the consolidated appeals will proceed to a hearing on a date previously scheduled.
3The Tribunal was also advised that the with prejudice settlement offer by 2040 Yonge Street et al has recently been endorsed by Council and therefore, 2040 Yonge et al will be filing a settlement for the consideration of the Tribunal pursuant to s. 34(11) of the Planning Act, in the matter of OLT Tribunal File No. 22-002352. The Tribunal directed Mr. Flowers to consider scoping and consolidating the appeal of By-law No. 595-2022, thereby allowing the City to bring a Motion for partial approval of all provisions of By-law No. 595-2022 not under appeal.
4It was agreed that a five-day hearing would be required to adjudicate the remaining appeals by CSG and 505 Markham, and was set down to commence by video hearing on Monday, October 7, 2024 at 10 a.m.
5Parties 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:
https://global.gotomeeting.com/join/709076365
Access code: 709-076-365
6Parties 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
7Persons 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 and +1 (647) 497-9373. The access code is as indicated above
8Individuals 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.
9The Tribunal stood down to allow the Parties to consider how best to address the direction of the Tribunal with respect to next steps.
10A telephone conference was convened on June 23 and after discussing the most efficient process for addressing the outstanding matters, the Parties were directed as set out in the following Order.
ORDER
11THE TRIBUNAL HEREBY ORDERS that:
(i) 2040 Yonge Street et al is directed to file correspondence with both the City and the Case Coordinator assigned to OLT-22-004174, scoping the appeal of By-law No. 594-2022 to deal only with the zoning as it would affect properties municipally known as 2010-2050 Yonge Street and 15 Lola Road;
(ii) 2040 Yonge Street et al is directed to file a written Motion seeking approval of the endorsed settlement with respect to the appeals subject of OLT-22-002352, to be accompanied by a request to release all but one of the assigned hearing dates. The Motion is to be supported by a sworn affidavit which includes the planning evidence and draft instrument, together with a draft Order approving the settlement to be considered by the Tribunal.
(iii) The City of Toronto is directed to bring a written Motion pursuant to s. 35(31) of the Planning Act to bring into effect all provisions of By-law No. 595-2022 not subject to appeal. The Motion is to be supported by a sworn affidavit and draft Order complete with schedule of matters under appeal, for the consideration of the Tribunal.
(iv) A five-day hearing as set out above in this Decision is scheduled to hear the remaining appeals of CSG Yonge Manor Limited and CSG Hillsdale Limited and 505 Markham Inc., 2587318 Ontario Inc., 2596434 Ontario Inc. and 207 Yonge Inc..
8The Member is not seized but may be called upon should any assistance or clarification be required to assist in the execution of this Order.
“Sharyn Vincent”
SHARYN VINCENT
VICE-CHAIR
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.