Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: August 22, 2023

CASE NO(S).: OLT-22-003838 OLT-22-004571

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: 1136974 Ontario Inc. (“Dunpar Homes”)

Subject: Request to amend the Official Plan - Failure to adopt the requested amendment

Purpose: To create a master plan consisting of new site and area specific policies and urban design guidelines

Property Address/Description: 4195-4221 Dundas Street West and 556-564 Prince Edward Drive

Municipality: City of Toronto

Approval Authority File No.: 22 149111 WET 03 OZ

OLT Case No.: OLT-22-004571

OLT Lead Case No.: OLT-22-004571

OLT Case Name: 1136974 Ontario Inc. (“Dunpar Homes”) 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: 1136974 Ontario Inc. (“Dunpar Homes”)

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision

Purpose: To permit 699 apartment and townhouse units containing retail and a relocated EMS Station

Property Address/Description: 4195 Dundas Street West

Municipality: City of Toronto

Approval Authority File No.: 16 129328 WET 05 OZ

OLT Case No.: OLT-22-003838

OLT Lead Case No.: OLT-22-003838

OLT Case Name: 1136974 Ontario Inc. (“Dunpar Homes”) v. Toronto (City)

Heard: April 21, 2023 by video hearing

APPEARANCES:

Parties

Counsel

1136974 Ontario Inc. (“Dunpar Homes”)

Michael Nemanic Giouzelin Mutlu

City of Toronto

Mark Crawford

Kingsway Park Ratepayers Inc.

David Germain

MEMORANDUM OF ORAL DECISION DELIVERED BY CARMINE TUCCI ON APRIL 21, 2023 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1The matter before the Ontario Land Tribunal (the “Tribunal”), is the first Case Management Conference (“CMC”) regarding the appeals of the refusal of the City of Toronto (the “City”) to make a decision regarding an Application to amend the Official Plan (“OPA”).

2The subject site comprises the four residential properties to the south and east fronting Prince Edward Drive North (municipally known as 556-562 Prince Edward Drive North) and a commercial property to the west (municipally known as 4221 Dundas Street West). Collectively, these lands in conjunction with the subject lands have an area of approximately 1.24 hectares.

3The purpose of the OPA Application was to redesignate part of the Site designated as Neighbourhoods to Mixed Use Areas and to amend Site and Area Specific Policies (“SASP”) No. 277 to create a master plan consisting of new SASP and Urban Design Guidelines (“UDG”).

4The Tribunal heard that the OPA is a related application to the Zoning By-law Amendment (“ZBLA”) of OLT Case No. OLT-22-003838, which was originally heard at its first CMC of October 3, 2022.

5At the first CMC for the above-noted matter, 1136974 Ontario Inc. (“Applicant”) filed an appeal against the City’s failure to make a decision for a ZBLA. The subject property is municipally known as 4221-4195 Dundas Street West and 564-556 Prince Edward Drive, in the City.

6The Tribunal was presented with a request to consolidate both files as the sites are equally matching.

7The Tribunal referred to the Ontario Land Tribunal, Rules of Practice and Procedure:

Rule 16.1 Consolidating Proceedings or Hearing Matters Together

The Tribunal may order that two or more proceedings or any part of them, be consolidated, heard at the same time, or heard one after the other, or stay or adjourn any matter until the determination of any other matter, subject to any applicable statutory or regulatory restrictions.

Rule 16.2 Effect of Consolidating Proceedings

When two or more proceedings are consolidated,

(a) statutory procedural requirements for any of the original separate proceedings apply, where appropriate, to the consolidated proceeding;

(b) parties to each of the original separate proceedings are parties to the consolidated proceeding; and

(c) evidence to be presented in each of the separate proceedings is evidence in the consolidated proceeding.

8In this case, the Tribunal heard both appeals under s. 22(7) and s. 34(11) of the Planning Act, involves identical property, the same development proposal, and the same Parties.

9The Tribunal is persuaded that the issues in both appeals are cohesive and do not substantiate two separate hearings. The Tribunal is satisfied that the evidence in both hearings shall be similar, and the Parties may present duplicate witnesses, which would constitute the most efficient use of the Tribunal’s schedule.

10The Tribunal grants the consolidation of OLT-22-004571 and OLT-22-003838.

11The Tribunal was presented with one request for Party Status to Kingsway Park Ratepayers Inc. (“KPRI”).

12KPRI was granted Party Status at the first CMC of of OLT Case No. OLT-22-003838. As the Tribunal consolidated both Appeals and canvassed all Parties for any comments and having heard no objections to the request, KPRI was granted Party Status.

13The Tribunal was informed that a revised proposal is being updated.

14Mark Crawford informed the Tribunal that at the September 2023 Council meeting, the revised proposal may be properly reviewed and regarded, and thus, the Parties are seeking a date in October 2023 for a further CMC.

15The Tribunal hereby schedules a further CMC by video hearing for these appeals commencing on Tuesday, October 24, 2023, at 10 a.m.

https://global.gotomeeting.com/join/979388733

Access code: 979-388-733

16The Parties 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.

17Parties 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

18Persons 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.

19Individuals 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.

20There will be no further notice and the Member is not seized.

21So Orders the Tribunal.

“C. Tucci”

C. TUCCI

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.