Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: August 10, 2023 CASE NO(S).: OLT-21-001024

PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: 1734140 Ontario Limited Appellant: Anishnawbe Health Toronto et al. Appellant: OPT Management Ltd. et al. Appellant: Devjo Holdings Limited; and others Subject: Official Plan Amendment No. 525 Description: To replace the existing King-Parliament Secondary Plan with a new Secondary Plan for the King-Parliament area Property Address: 120, 122 and 143 Sherbourne Street Municipality/UT: Toronto/Toronto OLT Case No.: OLT-21-001024 OLT Lead Case No.: OLT-21-001024 OLT Case Name: Allied Properties REIT v. Toronto (City)

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: Devjo Holdings Limited Appellant: Li Limited Group of Companies Appellant: 1 Sumach Street Inc. Appellant: Parl Estates Limited; and others Subject: By-Law No. 391-2021 Description: To replace the existing King-Parliament Secondary Plan with a new Secondary Plan for the King-Parliament area Property Address: 120, 122 and 143 Sherbourne Street Municipality/UT: Toronto/Toronto OLT Case No.: OLT-21-001039 OLT Lead Case No.: OLT-21-001024

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: OPT Management Ltd. et al. Appellant: 2575867 Ontario Inc. Appellant: Lanterra Parliament Developments Appellant: 2547575 Ontario Inc., 33 Parliament GP Inc. and Graywood 33 Limited Partnership; and others Subject: By-Law No. 392-2021 Description: To replace the existing King-Parliament Secondary Plan with a new Secondary Plan for the King-Parliament area Property Address: 120, 122 and 143 Sherbourne Street Municipality/UT: Toronto/Toronto OLT Case No.: OLT-21-001040 OLT Lead Case No.: OLT-21-001024

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: 1226845 Ontario Ltd. et al. Appellant: Dream Impact Master LP Appellant: 126 PS Holdings Inc. and 128 PS Holdings Inc. Appellant: Queen Ontario GP Inc.; and others Subject: By-Law No. 393-2021 Description: To replace the existing King-Parliament Secondary Plan with a new Secondary Plan for the King-Parliament area Property Address: 120, 122 and 143 Sherbourne Street Municipality/UT: Toronto/Toronto OLT Case No.: OLT-21-001041 OLT Lead Case No.: OLT-21-001024

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: 1734140 Ontario Limited Appellant: Anishnawbe Health Toronto et al. Appellant: 1175484 Ontario Inc. et al. Appellant: Trolley Urban Development; and others Subject: By-Law No. 394-2021 Description: To replace the existing King-Parliament Secondary Plan with a new Secondary Plan for the King-Parliament area Property Address: 120, 122 and 143 Sherbourne Street Municipality/UT: Toronto/Toronto OLT Case No.: OLT-21-001042 OLT Lead Case No.: OLT-21-001024

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: 1888818 Ontario Limited Appellant: 1654199 Ontario Limited Appellant: KingSett Capital Inc. Subject: By-Law No. 395-2021 Description: To replace the existing King-Parliament Secondary Plan with a new Secondary Plan for the King-Parliament area Property Address: 120, 122 and 143 Sherbourne Street Municipality/UT: Toronto/Toronto OLT Case No.: OLT-21-001043 OLT Lead Case No.: OLT-21-001024

Heard: February 6, 2023 by Telephone Conference Call ("TCC")

APPEARANCES:

Parties	Counsel
City of Toronto ("City")	L. Bisset, J. Davidson
Appellants – See Attachment 1

MEMORANDUM OF ORAL DECISION DELIVERED BY G.C.P. BISHOP ON FEBRUARY 6, 2023 AND ORDER OF THE TRIBUNAL

1This is the third Case Management Conference ("CMC") with respect to various appeals against the City's adoption of Official Plan Amendment No. 525 ("OPA 525") and five related Zoning By-law Amendments consisting of five distinct policy areas within this secondary plan area referenced as: Jarvis Parliament; Queen Street; Corktown; Distillery District and West Don Lands.

2This TCC was called to deal with a number of administrative matters which included a request, on consent of all Parties, to adjourn the May 15, 2023 hearing dates to facilitate further settlement discussions.

3The Appellants list, appended as Attachment 1, includes the remaining active Appellants and Parties against the adoption of OPA 525. The Tribunal has also included the standing of other Parties that have occurred at this CMC (whether adjourned or withdrawn). The City is maintaining a master appellant/parties index and has indicated that the results of this event are reflected in an updated Parties Chart. The Tribunal directs the City to update this document and also to amend "Exhibit D", attached to the Administrative Order that issued on May 8, 2023 so that one consolidated list of adjournments is available for tracking purposes.

WITHDRAWN, ASSUMED, SPLIT, AND CONSOLIDATED APPEALS

4There were 39 appeals of OPA 525 but a number of Parties have withdrawn, split or assumed certain appeals and are reflected in the first two CMC decisions on these files. Prior to this CMC, the Tribunal was notified that there are further administrative matters requiring attention.

5Lamb Development Corp. is the owner of a number of properties under Appeal 37. There are two properties that were inadvertently omitted from the City's motion for adjournments, listed in Exhibit D of the City's Motion at the second CMC on May 19, 2022. The City has confirmed that they have complete applications on these two properties and have requested a further administrative split of Appeal 37 as follows:

1. A site-specific appeal respecting 284 King Street East is assigned Appeal 37.5.
2. A site-specific appeal respecting 130-134 Parliament Street and 529 Richmond Street East is assigned Appeal 37.6.

6Canary Block 13 Developments LP is Appeal 17 and also has confirmation from the City of a complete application. This appeal along with the new appeals, 37.5 and 37.6, are all site-specific and the Tribunal agrees that these be adjourned and added to "Exhibit D".

7The property at 126-128 Parliament Street has been sold to Lamb Development Corp. and therefore, they have been substituted in the place of the original owner under Appeal 11. But, at the same time, there is a request, on consent, to consolidate this appeal with the newly formed Appeal 37.6 as the properties under these two appeals run concurrent with each other. The Tribunal also concurs, and the owner of Appeal 11 is first substituted and then is combined with the adjacent properties in Appeal 37.6, from now on to be referenced as Appeal 37.6.

8Dash (Q&S) Inc. is the owner of lands at 120-134 Sherbourne Street and 225 Queen Street East under Appeals 2.1 and 2.2, being the general and the site-specific appeals respectively. The Tribunal is in receipt of a letter, dated February 3, 2023, from Jennifer Evola, co-counsel on behalf of the Appellant, requesting that the Tribunal consolidate these two appeals and scope these appeals, now referred to as Appeal 2. The Tribunal marked the above noted letter as Exhibit 5 and the Tribunal combines the two appeals and also adjourns the combined appeal, now on site-specific terms, in accordance with the Terms of Adjournment, listed in Attachment 1 to Exhibit 5.

9Alterra Finer-Corktown Ltd. owns the property at 18-32 Eastern Avenue, 1 Gilead Place and 2 Sackville Street under Appeal 25. The Tribunal is in receipt of a letter, dated February 3, 2023, from Calvin Lantz, co-counsel on behalf of the Appellant, also requesting an adjournment, on site-specific terms, as listed in the above noted letter and marked by the Tribunal as Exhibit 6. Appeal 25 is, on site-specific terms, also adjourned.

10The following withdrawal of appeals were accepted and recorded by the Tribunal as follows:

1. Appeal 7 is withdrawn as noted in a letter, dated February 4, 2023, from David Bronskill, counsel on behalf of the Appellant, Li Limited Group of Companies.
2. Appeal 29 is withdrawn as noted in a letter, dated February 3, 2023, from David Bronskill, co-counsel on behalf of the Appellant, CentreCourt Properties.
3. Appeal 35 is withdrawn as noted in a letter, dated January 4, 2023, from Sidonia Tomasella, co-counsel on behalf of the Appellant, Kingsett Capital Inc.

11Finally, on consent of all Parties, the Tribunal directs that the merit hearing, to commence on May 15, 2023, is hereby adjourned sine die, to allow the continuation of settlement discussions and thus, pauses all the delivery dates in the Procedural Order.

12The City is directed to deliver, to the Tribunal, written confirmation from the Parties as to the consent to this adjournment.

13The City is directed to update the Case Coordinator no later than Friday, July 28, 2023, as to the progress of the mediation and the requirements for a further CMC by either Video Hearing or TCC if necessary to keep these files moving.

14The directives in this Decision are so Ordered.

15This Member is not seized.

"G.C.P. Bishop"

G.C.P. BISHOP ALTERNATE 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.

ATTACHMENT 1

List of Appellants – OPA 525

Appellant	Counsel / Representative*
1. 1734140 Ontario Limited	M. Domovich*
2. DASH (Q&S) Inc. (Adjourned Feb 6, 2023)	J. Evola S. Leisk (in absentia)
3.2 OTP Management Ltd., Ribbon East Corp., and Ribbon West Corp.	S. Brazzell J. Hoffman (in absentia)
4. Eastern Trinity GP Inc.	S. Brazzell A. Jeanrie (in absentia)
7 Li Limited Group of Companies (Withdrawn Feb 6, 2023)	J. Hoffman D. Bronskill (in absentia)
11. Lamb Development Corp. (now consolidated with Appeal 37.6, then Adjourned Feb 6, 2023)	S. Tomasella E. Costello (in absentia) J. Pappas (in absentia)
17. Canary Block 13 Developments LP (Adjourned Feb 6, 2023)	J. Hoffman
20. QSE GP1 Limited, QSE2 GP2 Limited and 339 QSE Limited	M. Flynn-Guglietti K. Sutton (in absentia)
22. Parl Estates Limited	D. Tang J. White
25. Alterra Finer-Corktown Ltd. (Adjourned Feb 6, 2023)	J. Cheng C. Lantz (in absentia)
29. CentreCourt Properties (Withdrawn Feb 6, 2023)	J. Hoffman D. Bronskill (in absentia)
30. 25555572 Ontario Limited	A. Heisey
31. 18888818 Ontario Limited	A. Heisey
32. 1654199 Ontario Limited	A. Heisey
35. KingSett Capital Inc. (Withdrawn Feb 6, 2023)	S. Tomasella J. Pappas (in absentia) E. Costello (in absentia)
36. Allied Properties REIT	S. Tomasella J. Pappas (in absentia) E. Costello (in absentia)
37., 37.5 & 37.6 Lamb Development Corp. (Two further Appeal splits (Appeal 11 now consolidated with 37.6) All now adjourned Feb 6, 2023)	S. Tomasella J. Pappas (in absentia) E. Costello (in absentia)
38. 1577377 Ontario Limited	M. Flynn-Guglietti

List of Parties

Party	Counsel / Representative*
1. 2714544 Ontario Inc.	J. Cheng C. Lantz (in absentia)
2. Terrier Properties Inc.	S. Tomasella J. Pappas (in absentia) E. Costello (in absentia)