Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 17, 2023
CASE NO(S).: OLT-23-000481
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant
Davies Ave Holdings Inc and 39 Davies Ave Holdings Inc
Subject:
Application to amend the Zoning By-law – neglect to make a decision
Description:
To permit the redevelopment and intensification of the Subject Site into an office tower
Reference Number:
21 161284 STE 14 OZ
Property Address:
33 and 39 Davies Avenue
Municipality/UT:
Toronto/Toronto
OLT Case No:
OLT-23-000481
OLT Lead Case No:
OLT-23-000481
OLT Case Name:
Davies Ave Holdings Inc. and 39 Davies Ave Holdings Inc. v. Toronto (City)
Heard:
August 11, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel
Davies Ave Holdings Inc. and 39 Davies Ave Holdings Inc.
Sidonia Tomasella Alexander Suriano (in absentia)
City of Toronto
Adrienne deBacker Cameron McKeich (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY T.F. NG ON AUGUST 11, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) for the above-noted matter. Davies Ave Holdings Inc. and 39 Davies Ave Holdings Inc. (“Applicant”) have filed an appeal against the City of Toronto’s (“City”) failure to make a decision pursuant to s. 34(11) of the Planning Act. The subject lands are known municipally as 33 and 39 Davies Avenue, in the City.
2The application under appeal is to permit the redevelopment and intensification of the subject lands into an office tower.
3The Affidavit of Service on file was marked as Exhibit 1.
PARTY/PARTICIPANT REQUESTS
4There were no Party or Participant Status requests received.
DRAFT PROCEDURAL ORDER
5The Applicant’s counsel, Ms. Sidonia Tomasella informed the Tribunal that Parties have not filed the draft Procedural Order (“PO”) yet and requested a second CMC for the Parties to file the draft and to list the issues for the matter. City’s counsel Ms. Andrienne deBacker concurred.
6The Tribunal will schedule a second CMC for the Parties to work on the PO and Issues List (“IL”) for the appeal.
MEDIATION
7Parties stated that they will continue their discussions and are open to mediation, if necessary.
DISPOSITION
8The Tribunal will schedule a CMC for Parties to update the Tribunal on the status of discussions and the Appeal.
9The Tribunal directs the Applicant and the City to submit a draft PO with an attached IL to the Case Coordinator by Wednesday, October 18, 2023.
CASE MANAGEMENT CONFERENCE
10The CMC is scheduled to proceed by video on Wednesday, November 1, 2023, at 10 a.m.
11Parties and Participants are asked to log in to the Video Hearing at least 15 minutes before the start of the even to test their video and audio connections:
https://global.gotomeeting.com/join/927921077
Access Code: 927-921-077
12Parties 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.
13Persons 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.
14Individuals 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 CMC by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing events may be directed to the Tribunal’s Case Coordinator having carriage of this Case.
ORDER
15The Tribunal Orders that:
a Case Management Conference will commence at 10 a.m. by video on Wednesday, November 1, 2023;
the Parties are to forward a draft Procedural Order with the Issues List to the Case Coordinator on or before, Wednesday, October 18, 2023;
the Parties shall be ready to finalize the Procedural Order at the next Case Management Conference.
16The Member is not seized.
“T.F. Ng”
T.F. NG
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.