Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
August 18, 2023
CASE NO(S).:
OLT-23-000351
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant
Calloway Real Estate Investment Trust Inc. and Halmont Properties Corp.
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
To permit the construction of a 60-storey mixed-use building
Reference Number:
21 235446 STE 13 OZ
Property Address:
49-51 Yonge Street
Municipality/UT:
Toronto/Toronto
OLT Case No:
OLT-23-000351
OLT Lead Case No:
OLT-23-000351
OLT Case Name:
Calloway Real Estate Investment Trust Inc. v. Toronto (City)
Heard:
August 10, 2023 by video hearing
APPEARANCES:
Parties
Counsel
Calloway Real Estate Investment Trust Inc. and Halmont Properties Corp (“Appellants/Applicants”)
Joe Hoffman
City of Toronto (“City”)
53 Yonge Portfolio Inc. and 55 Yonge Portfolio Inc.
bcIMC Realty Corporation
20 Wellington Street Toronto Holdings Inc.
Gabe Szobel
Daniel Angelucci
Jonathan Cheng
Grace O’Brien
MEMORANDUM OF ORAL DECISION DELIVERED BY K.R. ANDREWS ON August 10, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) respecting an appeal by the Appellants/Applicants. The appeal arises following a non-decision concerning a Zoning By-law Amendment (“ZBA”) application to permit the construction of a 60-storey mixed-use building at 49-51 Yonge Street in the City.
Service of Notice of CMC
2There is no issue with service of the Notice of this CMC, and so no further notice is required. The Tribunal is in receipt of the Affidavit of Service, which is marked as Exhibit 1.
Requests for Status
3Counsel for the following companies sought Party Status:
53 Yonge Portfolio Inc. and 55 Yonge Portfolio Inc.;
bcIMC Realty Corporation; and
20 Wellington Street Toronto Holdings Inc.
4Each of these companies own property in the immediate vicinity of the proposed development and demonstrate a genuine interest in the matter. Counsel for each company also expressed a desire to engage in the proceedings to a degree which requires Party Status. All three requestors also confirm that they do not oppose the development but wish to be engaged in the proceedings as a means to oversee the appeal to ensure that the proposal, or any modified version thereof, does not negatively affect their respective interests.
5The existing Parties confirm that they do not oppose any of these requests for Party Status.
6Based on the above-described information, the Tribunal grants Party Status to each of the listed companies.
MEDIATION AND SETTLEMENT
7The Tribunal explored the possibility of mediation and settlement with the Parties. The Parties all confirm that there are great prospects for constructive resolution discussions, which should further develop over the next few months. The Tribunal expects that the Parties will keep it apprised of any resolution developments.
PROCEDURAL ORDER AND ISSUES LIST
8The Parties confirm that they have a working copy of a draft Issues List, but it requires more work to confirm the position of some of the added Parties. The Parties promise that a final copy for the Tribunal’s consideration will be filed within four weeks, with the suggestion that it be considered and ordered at such a later date. The Tribunal finds this satisfactory.
HEARING
9Upon request of the Parties, the Tribunal set a 10-day hearing commencing on Monday, March 11, 2024, at 10 a.m. by video hearing. No further Notice is required for the hearing.
10Parties 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/687587165
Access code: 687-587-165
11Parties 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.
12Persons 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.
13Individuals 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
14The Tribunal Orders that:
The date and particulars of the hearing are set out above;
The following companies are granted Party Status:
53 Yonge Portfolio Inc. and 55 Yonge Portfolio Inc.;
bcIMC Realty Corporation; and
20 Wellington Street Toronto Holdings Inc.
- A draft Procedural Order and Issues List shall be filed with the Tribunal no later than Thursday, September 7, 2023, for the Tribunal’s review and approval.
15The Member is not seized.
“K.R. Andrews”
K.R. ANDREWS
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.