Ontario Land Tribunal
Tribunal ontarien de l’aménagement
du territoire
ISSUE DATE:
August 22, 2023
CASE NO(S).:
OLT-23-000355
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant:
123 Wynford Inc.
Subject:
Request to amend the Official Plan – Failure to adopt the requested amendment
Reference Number:
22 184095 NNY 16 OZ
Property Address:
123 Wynford Drive (123 Wynford Drive)
Municipality/UT:
Toronto/Toronto
OLT Case No.:
OLT-23-000355
OLT Lead Case No.:
OLT-23-000355
OLT Case Name:
123 Wynford Inc. v Toronto (city)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant:
123 Wynford Inc.
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Reference Number:
22 184095 NNY 16 OZ
Property Address:
123 Wynford Drive (123 Wynford Drive)
Municipality/UT:
Toronto/Toronto
OLT Case No.:
OLT-23-000356
OLT Lead Case No.:
OLT-23-000355
Heard:
August 10, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel/Representative*
123 Wynford Inc.
Matthew Lakatos-Hayward
David Bronskill (in absentia)
City of Toronto
Jessica Amey
Laura Bisset (in absentia)
National Association of Japanese Canadians (Greater Toronto Chapter)
Sarah Spitz
Toronto and Region Conservation Authority
Barbara Montgomery
Don Mills Residents Inc.
Allan McKellar*
MEMORANDUM OF ORAL DECISION DELIVERED BY T.F. NG ON AUGUST 10, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) for the above-noted matter. 123 Wynford Inc. (“Applicant”) has filed appeals against the City of Toronto (“City”) for its failure to make a decision pursuant to s. 22(7) and s. 34(11) of the Planning Act. The Subject Property is known municipally as 123 Wynford Drive, in the City.
2The application under appeal is to facilitate two new residential towers of 55 and 48 storeys in height with a total of 1,126 units and an overall density of 74,181 square metres and 313.13 square metres of commercial area.
3The Affidavit of Service on file was marked as Exhibit 1.
PARTY/PARTICIPANT REQUESTS
4Twenty-five Participant status requests were received. The Tribunal granted these requests as there were no objections from any Party. The Participants List is attached as Appendix 1 to this Decision.
5Three Party status requests were received, which were granted by the Tribunal without objections and consented to. They are: 1) National Association of Japanese Canadians (Greater Toronto Chapter); 2) Toronto and Region Conservation Authority; and, 3) Don Mills Residents Inc.
DRAFT PROCEDURAL ORDER
6Counsel for the Applicant, Matthew Lakatos-Hayward, advised that he has circulated a Draft Procedural Order (“DPO”) to the City. The City’s Counsel, Jessica Amey, confirmed receipt of the DPO and explained that City Council has not yet held a meeting on the appeal to determine the issues.
7The Tribunal determined that with the granting of Party status to the above listed Parties, it is appropriate for another CMC for the Parties to work on the hearing issues and/or be given time to obtain resolution of expected issues.
MEDIATION
8On whether the parties will seek mediation, Counsels replied that the Parties will continue with private discussions and see where these discussions lead. There was no instruction to mediate at present, but the Parties may be open to Tribunal-led mediation in the future.
DISPOSITION
9The Tribunal will schedule a CMC, during which all Parties will update the Tribunal on the status of discussions and the status of the appeals at the CMC.
10The Tribunal directs the Applicant, the Parties and the City to submit a DPO with an attached Issues List to the Case Coordinator by Tuesday, October 17, 2023.
CASE MANAGEMENT
11A CMC is scheduled to commence on Tuesday, October 24, 2023 at 10 a.m. by Video Hearing.
12Parties 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:
GoTo Meeting: https://meet.goto.com/996288525
Access Code: 996-288-525
13Parties 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
14Persons 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: +1 (647) 497-9391 or (Toll Free) 1-888-455-1389. The access code is the same as the access code noted above.
15Individuals 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 events may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
16The Tribunal Orders that:
a Case Management Conference will commence at 10 a.m. by Video Hearing on Tuesday, October 24, 2023;
the Parties are to forward a Draft Procedural Order with the Issues List to the Case Coordinator on or before Tuesday, October 17, 2023;
the Parties shall be ready to finalize the Procedural Order at the next CMC;
Participant status is granted to the persons listed in Appendix 1 attached to this Decision;
National Association of Japanese Canadians (Greater Toronto Chapter) is granted Party status;
Toronto and Region Conservation Authority is granted Party status; and,
Don Mills Residents Inc. is granted Party status.
17No further notice will be given.
18The 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.
APPENDIX 1 - Participant Requests Granted
Firoz Shariff
Iris Singh
Abdallah Abdula
J.E.J. McMahon
Chear Fee Lin
April Sora
Sharon Pummell
Christina Kurata
Barb Miiko Gravlin-Nishimura
Leatrice Chan
Razia Jeena
Nina (Niloofar) Rejvani
Sergio Horta
Kevin Okabe
Richard MacFarlane
Kenson Leung
Diana Morita Cole
Irene Miao-Glass
Salman Vidhani
Norm Masaji Ibuki
R. Seiji Ohtake
Lulu Cheng
Fazal Momin
Arlene Mawson
Erik Savoie