Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 03, 2023
CASE NO(S).: OLT-22-004431
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: Hillview Developments Limited
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit a proposed 10-storey residential building with a total of 190 dwelling units and ground floor commercial uses, for a proposed total gross floor area of 13,503 square metres
Reference Number: 20 226085 NNY 08 OZ
Property Address: 412, 414 Marlee Avenue and 281, 283, 285, 287 Hillmount Avenue
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-22-004431
OLT Lead Case No: OLT-22-004431
OLT Case Name: Hillview Developments Limited v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: Hillview Developments Limited
Subject: Application to amend the Zoning By-law – neglect to make a decision
Reference Number: 20 226085 NNY 08 OZ
Property Address: 412, 414 Marlee Avenue and 281, 283, 285, 287 Hillmount Avenue
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-22-004432
OLT Lead Case No: OLT-22-004431
Heard: January 16, 2023 by Video Hearing (“VH”)
APPEARANCES:
| Parties | Counsel |
|---|---|
| Hillview Developments Limited (“Appellant”/“Applicant”) | Joe Hoffman |
| City of Toronto (“City”) | Marc Hardiejowski |
MEMORANDUM OF ORAL DECISION DELIVERED BY K.R. ANDREWS ON JANUARY 16, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) respecting an appeal by the Applicant. The Appeal arises following a non-decision from the City regarding an Official Plan Amendment and Zoning By-law Amendment application to facilitate the development of a 10-storey residential building with a total of 190 dwelling units and ground floor commercial uses at 412 and 414 Marlee Avenue and 281, 283, 285 and 287 Hillmount Avenue.
Service of Notice of CMC
2There was no issue with service of the Notice of this CMC, and so no further notice is required. The Tribunal was in receipt of the Affidavit of Service, which was marked as Exhibit 1.
Requests for Status
3No one attended the CMC seeking either Party or Participant status.
4The Tribunal explored the possibility of mediation and settlement with the Parties. The Parties both confirmed that the prospects for settlement are very good and might be achievable by the time the Tribunal reconvenes for a second CMC in four to five months’ time. Counsel for the City confirmed that he cannot entertain settlement until he receives instructions from his client, which he expects before a second CMC. The Tribunal therefore finds it prudent to schedule a second CMC in May 2023, which may be converted into a settlement hearing.
PROCEDURAL ORDER AND ISSUES LIST
5Similar to the timing for instructions from the City regarding settlement, Counsel for the City confirmed that he cannot confirm his client’s position regarding the contents of a draft Procedural Order and Issues List until he receives instructions from the City. The Tribunal therefore finds it prudent to deal with the draft Procedural Order and Issues List at the May 2023 CMC. The Tribunal made it clear to the Parties that a draft Procedural Order and Issues List must be filed with the Tribunal before the next CMC if a settlement is not reached.
SECOND CMC
6Upon request of the Parties, the Tribunal set a second CMC hearing commencing on Tuesday, May 9, 2023 at 10 a.m. by VH. No further Notice is required. The hearing is scheduled to proceed by video as follows:
7Parties and Participants are asked to log into the VH at least 15 minutes before the start of the event to test their video and audio connections:
https://global.gotomeeting.com/join/656004293
Access Code: 656-004-293
8Parties 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.
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.
10Individuals 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 VH 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
11THE TRIBUNAL ORDERS that the date and particulars of a second CMC are set out above. The CMC may be converted into a Settlement Hearing upon the request of the Parties.
12The Member is not seized but may be spoken to through the Case Coordinator if any issues arise.
“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.