Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: August 22, 2023

CASE NO(S).: OLT-23-000538

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

Applicant/Appellant: 160 Cactus Avenue Limited Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To permit the development of four buildings, with heights of 15-storeys, 12-storeys, and four-storeys (as two back-to-back townhouse blocks) Reference Number: 21 226750 NNY 18 OZ Property Address: 150 – 160 Cactus Avenue Municipality: City of Toronto OLT Case No.: OLT-23-000538 OLT Lead Case No.: OLT-23-000538 OLT Case Name: 160 Cactus Avenue 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: 160 Cactus Avenue Limited Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit the development of four buildings, with heights of 15-storeys, 12-storeys, and four-storeys (as two back-to-back townhouse blocks) Reference Number: 21 226750 NNY 18 OZ Property Address: 150 – 160 Cactus Avenue Municipality: City of Toronto OLT Case No.: OLT-23-000539 OLT Lead Case No.: OLT-23-000538

Heard: August 16, 2023 by video hearing

APPEARANCES:

Parties 160 Cactus Avenue Limited (“Applicant”)

Counsel Zachary Fleisher David Bronskill (in absentia)

Parties City of Toronto (“City”)

Counsel Adam Ward

MEMORANDUM OF ORAL DECISION DELIVERED BY JEAN-PIERRE BLAIS ON August 16, 2023 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1The Applicant seeks to redevelop a site at 150-160 Cactus Avenue, located on the southwest corner of Cactus Avenue and Steeles Avenue West, in the City (“Subject Property”) to construct four buildings: one 15-storey building, one 12-storey building and two back-to-back four-storey townhouse buildings. To this end, the Applicant had applied to amend the City’s Official Plan, as well as Zoning By-laws No. 569-2013 and No. 7625. The Appeals are brought respectively pursuant to sections 22(7) and 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, due to the failure of the City to decide in the prescribed time.

2On August 16, 2023, the Tribunal held its first Case Management Conference (“CMC”) to organize the appeals, address status requests and establish next steps in this proceeding.

3There were no issues raised with service of Notice of the CMC and as such, no further notice is required. The Tribunal was in receipt of the Affidavit of Service of Notice of the CMC sworn on July 21, 2023, which was marked as Exhibit 1 to this CMC.

STATUS REQUEST

4No person sought Party or Participant Status.

OPPORTUNITIES FOR SETTLEMENT

5Counsel for the Parties advised that they intend to engage in settlement discussions.

NEXT STEPS

6Given the potential for settlement of all or some of the issues in this matter, the Parties agreed that it was reasonable to schedule a second CMC, which could potentially be converted into a settlement hearing. The Tribunal so directed.

7The Parties are directed to advise the Tribunal of any settlement as soon as possible and, in any event, no later than Thursday, November 9, 2023.

8If a settlement is not reached, Parties are directed to work collaboratively and to file with the Tribunal a Draft Procedural Order, including an Issues List, no later than Thursday, November 9, 2023.

9The second CMC is scheduled to proceed by video hearing on Wednesday, November 22, 2023, at 10:00 a.m.

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 its directions as set out in this Decision.

15The Member of the Panel is not seized, however, will remain available for case management, subject to the Tribunal’s calendar.

16No further notice will be given.

“Jean-Pierre Blais”

Jean-Pierre Blais

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.