Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 01, 2023
CASE NO(S).: OLT-22-003827
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: NHD Developments Limited
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: OPA/ZBA to facilitate two 4-storey residential townhouse blocks
Reference Number: 21 235816 WET 07 OZ
Property Address: 11 Catford Road and 20 Broadoaks Drive
Municipality/UT: City of Toronto
OLT Case No: OLT-22-003827
OLT Lead Case No: OLT-22-003827
OLT Case Name: NHD 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: NHD Developments Limited
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: OPA/ZBA to facilitate two 4-storey residential townhouse blocks
Reference Number: 21 235816 WET 07 OZ
Property Address: 11 Catford Road and 20 Broadoaks Drive
Municipality/UT: City of Toronto
OLT Case No: OLT-22-003828
OLT Lead Case No: OLT-22-003827
Heard: August 22, 2023 by Video Hearing
APPEARANCES:
Parties NHD Developments Limited City of Toronto Suncor Energy Products Partnership
Counsel Chris Tanzola Michael Cara Sarah O’Connor Jamie Dexter Kailey Sutton
MEMORANDUM OF ORAL DECISION DELIVERED BY W. daniel best ON AUGUST 22, 2023 AND ORDER OF THE TRIBUNAL
1This was the third Case Management Conference (“CMC”) held for the above-noted matter. NHD Developments Limited (“NHD”) has filed an appeal against the City of Toronto (the “City”) for failing to make a decision for an Official Plan Amendment (“OPA”) pursuant to s. 22(7) and a Zoning By-law Amendment (“ZBA”) pursuant to s. 34(11) of the Planning Act. The property is known municipally as 11 Catford Road and 20 Broadoaks Drive in the City (“Subject Lands”). The purpose of this CMC is to receive a status update from the Parties.
2At the March 27, 2023 CMC, the Tribunal ordered the following:
i. The Appellant submit to the City no later than June 20, 2023 copies of the final submission, including all revised plans and drawings (if any) to meet the July 2023 City Council meeting.
ii. A draft Procedural Order (“PO”) on consent be filed with the Tribunal no later than July 28, 2023.
3At the previous CMC, Ms. Sarah O’Connor, counsel for the City was hoping to have the re-submission reviewed at the July 2023 City Council meeting and receive direction. Although the re-submission was received, it did not go before Council and the filing of the PO on consent on July 28, 2023, with the Tribunal was delayed.
4Ms. O’Connor advised that a report on the re-submission will be going to Council in September and that she is hopeful to receive direction at that time.
5At this time, the Parties wish to keep the 10-day scheduled hearing to commence on October 23, 2023. The Parties are seeking direction from the Tribunal regarding approval of a condensed “PO and Issues List (“IL”).
6Ms. O’ Connor advised that she will not be presenting any technical evidence but focusing on land use planning and built form evidence at a hearing of the merits.
7Ms. Kailey Sutton, counsel for Suncor Energy Products Partnership (“Suncor”) advised that their concerns are based on light and noise compatibility. However, she advised that she was still seeking final direction from her client.
8Based on the discussions, the Member anticipates that a settlement will occur. If this is not the case, it is directed that the IL will be finalized by Friday, September 15, 2023, and that the Tribunal will receive a revised draft PO on consent, no later than Friday, September 25, 2023.
9The Tribunal will be advised no later than Friday, September 25, 2023, if a settlement has been reached or if the full ten days are still required for the scheduled hearing.
10It is directed that the exchange of witness, participant and expert witness statements by the Parties will occur no later than Friday, October 6, 2023.
11If a settlement is reached, the Parties will submit to the Case Coordinator the settlement documents, planning instruments and an Affidavit from the planner of their choosing. A settlement hearing will be held on Monday, October 23, 2023, by video. If negotiations fail, the hearing of the merits will commence as scheduled on Monday, October 23, 2023.
12The hearing is scheduled to proceed by video on Monday, October 23, 2023, to Friday, November 3, 2023, at 10.a.m.
13Parties 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/660145013
Access code: 660-145-013
14Parties 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
15Persons 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.
16Individuals 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
17The Tribunal orders its directions and rulings as set out above.
18The Summary of Dates appended to this Decision as Schedule 1 are in force and effect.
19There will be no further notice.
20The Member may be spoken to through the Case Coordinator if there are any issues with respect to the implementation of this Order.
“W. Daniel Best”
W. DANIEL BEST
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.
SCHEDULE 1
SUMMARY OF DATES
DATE
EVENT
Thursday June 20, 2023
Last date to Provide Copies of Revised Proposal, including all Revised Plans and Drawings (if any)
Friday September 15, 2023
City of Toronto and Suncor Energy Products Partnership to Provide Any Issues Lists and Witness Lists (including Curriculum Vitae, and the area of expertise in which the witness is prepared to be qualified)
Monday September 18, 2023
Applicant to Provide Witness List (including Curriculum Vitae, and the area of expertise in which the witness is prepared to be qualified)
Monday September 25, 2023
Confirm Whether Any Hearing Dates Can Be Released
Friday October 6, 2023
Exchange of Witness Statements and Experts Reports, Participant Statements (if any), and summoned witness outlines (if any)
Friday October 13, 2023
Exchange of Visual Evidence
Monday October 16, 2023
Deadline to File Reply Witness Statements (if any), Hearing Plan and Joint Document Book
Monday October 23, 2023 – Friday November 3, 2023
Ontario Land Tribunal Hearing