Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: August 30, 2023

CASE NO(S).: OLT-22-002343 (Formerly PL140860)

PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: 10 QEW Inc. Appellant: 100 Metropolitan Portfolio Inc. Appellant: 1095909 Ontario Limited (Wynn Group of Companies) Appellant: 1107051 Ontario Ltd.; and others Subject: Proposed Official Plan Amendment No. 231 Municipality: City of Toronto OLT Case No.: OLT-22-002343 Legacy Case No.: PL140860 OLT Lead Case No.: OLT-22-002343 Legacy Lead Case No.: PL140860 OLT Case Name: A. Mantella & Sons Limited v. Toronto (City)

Heard: August 17, 2023 by video hearing

APPEARANCES:

Parties	Counsel
City of Toronto	A. Biggart, C. Kapelos, A. DeBacker, C. McKeich, L. Bisset (in absentia)
Multiple Appellants	Refer to Schedule 1

MEMORANDUM OF ORAL DECISION DELIVERED BY C. HARDY AND S. BRAUN ON AUGUST 17, 2023 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This Decision relates to a Case Management Conference (“CMC”) held by the Tribunal to obtain status updates regarding appeals brought pursuant to s. 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended (“Act”) relating to OPA 231 which was adopted by the City of Toronto (“City”) in December 2013.

2Subsequent to the adoption of OPA 231 by the City in December 2013, the Minister of Municipal Affairs and Housing (“MMAH”) approved OPA 231 with limited exceptions. Thereafter, a total of 178 appeals were filed, including appeals of the whole of OPA 231 and other appeals on site-specific bases. The appeals have had a long history with a number of prior hearing events held by Tribunal panels differently constituted. The 178 appeals have been case managed and grouped in specific Phases.

3At the most recent CMC held on June 8, 2023 (“June CMC”), the Tribunal scheduled today’s CMC for the purposes of receiving updates on, and beginning the process of organizing, the remaining appeals in Phase 6G.

UPDATES

4Prior to the commencement of this CMC, the City provided an agenda as follows:

1. Confirmation with Tribunal and notification to parties that the City will bring a motion in writing to dismiss the following appeals if a triage form is not submitted within 30 days following the CMC:

• 7 – Greenland Lakeside Development Company – 178-180 Queen’s Quay East
• 2 – 100 Metropolitan – 100 Metropolitan Road
• 29 – 2179508 Ontario – 21 Broadview Avenue
• 52 – Inter Arch Inc. – 955-969 Weston Road
• 131 – Novi Corporation – 22 Metropolitan Road
• 146 – Revenue Properties Company Limited and Morguard Investments Limited – 6464 Yonge Street and 45 Overlea Boulevard
• 150 – Riokim Holdings (Ontario) Inc. – 815-845 Eglinton Avenue East
• 167 – Sun Life Assurance Company Canada – 225 Rexdale Boulevard and 75 Scarsdale Road
• 121 – M & S Investments – 393 Sorauren Avenue and 1947 Dundas Street West
• 19 – 1742875 Ontario Inc. and 1720194 Ontario Inc. – 53 and 55 Judson Street
• 162 – Siteline 390 Dufferin Street Inc. – 430-444 Dufferin Street and 41 Alma Avenue

2. Confirmation with the Tribunal and notification to parties that motion(s) in writing will be filed following the CMC, if necessary, to seek an Order removing the following appeals from the list of OPA 231 appeals based upon the fact that these appeals have been consolidated with the hearing related to OPA 271, by way of Order of the Tribunal, dated June 2, 2015.

• 72 – CP REIT Ontario Properties Limited and Loblaw Properties Limited – 650 Dupont Street
• 113 – Leeken Investments – 275 Albany Avenue and 420 Dupont Street
• 114 – Leeken Investments and 1753934 Ontario Limited – 275, 281 and 283 Howland Avenue and 404, 406 and 408 Dupont Street
• 152 – Rose Water Management Group Limited – 500 Dupont Street
• 163 – Sobeys Capital Incorporated – 840 and 860 Dupont Street

3. Update re: scheduling of hearing dates for the remaining Site-specific appeals to OPA 231 Phase 6G and to schedule at next CMC;

4. Confirm that Phase 6E (Core to General) is completed;

5. Confirm CMC for Friday, November 3, 2023.

1. Triage Form Status Update

5Mr. Biggart, Counsel for the City, provided the Tribunal with a status update on the outcome of the triage forms that were circulated by the City to the Phase 6G Appellants. He advised that the Appellants listed in paragraph 4(1) above had not provided a response to the triage form by the specified deadline of June 30, 2023. However, in response to the agenda circulated in advance of this CMC, some of those Appellants listed in paragraph 4(1) had contacted the City, discussions are currently underway and it is expected that some or all of those Appellants will comply with the Order made by the Tribunal at the June 2023 CMC.

6Mr. Biggart confirmed that it is the City’s intention to bring a written motion to dismiss the listed appeals for failure to prosecute and failure to abide by the Tribunal’s June 8, 2023 Order, should the Appellants fail to submit a completed triage form within 30 days of today’s hearing event.

7Counsel for Dunpar Developments Inc. (“Dunpar”) advised the Tribunal that he had recently assumed carriage of this file and was unaware of today’s hearing event until moments prior to its commencement. He noted that he had also not received a copy of the triage form and raised concerns that his client’s appeal is currently included on the list of appeals which the City may eventually seek to have dismissed. Mr. Biggart requested that he contact the City to discuss his client’s appeal and reassured him that there would still be time to respond to the City’s request for a completed triage form. The Tribunal directed Counsel for Dunpar to contact the Case Coordinator to advise of the change in representation, so as to ensure he is included on the distribution list for these proceedings going forward.

8After hearing the submissions of the City and confirming that no other Parties present had any objections, the Tribunal agreed that the most efficient way to progress the matter would be one motion to dismiss any of the listed appeals in paragraph 4(1) above for which a completed triage form is not submitted. The Tribunal directed that, 30 days following the issuance of this Order, the City may bring a motion in writing to dismiss any outstanding appeals listed in paragraph 4(1) above.

2. Appeals Consolidated with OPA 271

9With reference to a decision and Order of the Ontario Municipal Board issued on June 2, 2015 (Case No. PL141134), Mr. Biggart explained that the appeals of OPA 231 listed in paragraph 4(2) above (referred to as the Dupont Specific Appeals), had previously been consolidated with appeals of OPA 271 and By-law No. 1011-2014. in the interest of keeping an accurate and up to date list of ongoing appeals, the City requested an Order removing the appeals set out in paragraph 4(2) above from the list of OPA 231 appeals.

10The Tribunal deferred the request and directed the City to send correspondence to each Appellant listed in paragraph 4(2) above requesting that they formally withdraw their appeal of OPA 231 and providing notice that should a withdrawal not be received, the City would seek an Order removing the appeal from the list of OPA 231 appeals at the next hearing event scheduled for Friday, November 3, 2023.

3. Organizing the Remaining Phase 6G Appeals

11Mr. Biggart advised the Tribunal that the remaining Phase 6G appeals essentially fall into 2 groups: those whose Appellants are awaiting a decision from MMAH on requests for conversion pursuant to the City’s upcoming Municipal Comprehensive Review (“MCR”) process; and those without conversion requests.

12In an effort to begin scheduling hearings for the appeals without conversion requests, it is the City’s intention to contact individual Appellants to begin the process of drafting Procedural Orders (“PO”s) and Issues Lists (“IL”s), with a view to presenting some of these for approval by the Tribunal and scheduling hearing dates at the next CMC.

13The Tribunal agreed with this approach and directed the Parties to file with the Tribunal any draft POs and ILs 10 days in advance of the CMC scheduled for Friday, November 3, 2023. The Tribunal will not consider scheduling hearing dates for individual appeals at the next CMC unless a related PO and IL is received at least ten (10) days in advance. Regardless, the Parties will be expected to provide a status update on all individual appeals within this grouping at the next hearing event.

14Mr. Biggart proposed that the scheduling of hearings for appeals with conversion requests be deferred, as such appeals may be rendered moot depending on the outcome of those requests. There were no concerns raised by any Parties and the Tribunal agreed with this approach.

4. Phase 6E Withdrawals

15The Tribunal confirms receipt of a letter dated July 13, 2023 withdrawing the appeals of 1226567 Ontario Inc. (Appeal No. 12), Dundas Real Estate Investments (Appeal No. 81) and Nashdene Court Ltd. (Appeal No. 129) related to Phase 6E. The Tribunal further confirms receipt of an email dated July 14, 2023 withdrawing the appeals of 1217861 Ontario Limited (Appeal No. 11) and Red Banner Developments Limited (Appeal No. 142) also related to Phase 6E.

16The Tribunal confirms that all appeals related to Phase 6E have been withdrawn and consequently, Phase 6E is complete.

5. Upcoming Hearing Events

17In advance of today’s CMC, the City requested that the Tribunal schedule a further CMC in November, 2023 to organize the remaining Phase 6G appeals. The Tribunal agreed that a further CMC would progress the appeals in an efficient manner and scheduled a CMC for remaining Phase 6G appeals by video hearing on Friday, November 3, 2023 at 10 a.m.

18Parties 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://meet.goto.com/996288525

Access code: 996-288-525

19Parties 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

20Persons 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 996-288-525.

21Individuals 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.

22At the June CMC, the Tribunal scheduled a written motion to settle Appeal 92, filed by G. Gagliano Properties Ltd./Benton Property Corp. and Appeal 155, filed by Samuel Sarick Limited, to be heard on Friday, September 8, 2023. However, at that time, the Tribunal was advised that an amendment to the settlement of Appeal No. 155 was awaiting endorsement by City Council. Ms. Kapelos provided an update noting that, as expected, the amended settlement was endorsed and the motion to settle Appeal No. 155 would proceed as scheduled. The Parties are reminded that motion materials in support of the settlements must be filed with the Tribunal on or before Friday, September 1, 2023.

23At the June CMC, the Tribunal also scheduled a five (5)-day video hearing commencing on Monday, June 20, 2024 to determine Appeal 115 filed by Leslie-Lakeshore Developments Inc.

OTHER MATTERS

24Mr. Jeanrie advised the Tribunal that, with respect to his client’s appeal (Appeal 7), Greenland Lakeside Developments Inc. had recently changed its name to Pinnacle Lakeside Limited Development Partnership. He further advised that, as a result of an administrative error made at an earlier point in these proceedings, the Tribunal’s records in relation to Appeal 7 currently list the wrong property address. The correct address is 215 Lakeshore Boulevard East. Accordingly, the Tribunal’s records will be updated to reflect the proper address and recent name change associated with Appeal 7.

25There will be no further notice with respect to the above noted hearing events and the Panel is not seized but may assist in continued case management to the extent the Tribunal’s calendar permits.

26The Tribunal so orders and provides these CMC directives for the purposes of the case management of these appeals.

“C. Hardy”

C. Hardy MEMBER

“S. Braun”

S. Braun 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

Appellant	Counsel

1. PAG Realty 2. Inc. (Appeal No. 18)
   Weins Canada Inc. (Appeal No. 135) | M. Flowers
2. Amexon Realty Inc. (Appeal No. 65)
   1109345 Ontario Inc. (Appeal No. 5) | P. Pinho
   M. Flynn-Guglietti (in absentia)
   K. Sutton (in absentia)
3. H&R REIT (Appeal No. 2) | A. Frank
   P. DeVine (in absentia)
4. The Governing Council for the Salvation Army in Canada (Appeal No. 154) | M. Reedijk
   J. Debono (in absentia)
5. Rareland Development Inc. (Appeal No. 159) | J. Alati
   A. Lusty (in absentia)
6. Champagne Centre Ltd. (Appeal No. 31) | J. Evola
   S. Leisk (in absentia)
7. Samuel Sarick Limited (Appeal No. 155) | K. Pirak
   K. Sliwa (in absentia)
   D. Betlej (in absentia)
8. Revenue Properties Company and Morguard Investments Limited (Appeal No. 146) | J. Shapira
9. 2129152 Ontario Inc. (Appeal No. 23) | J. Shapira appearing for D. Wood (in absentia)
10. Dream Asset Management (Appeal No. 79) | J. Reyes
    M. Cara (in absentia)
11. 2634698 Ontario Inc. (Appeal No. 36) | I. Andres
12. Loblaws Properties Limited (Appeal No. 119) | A. Suriano appearing for
    D. Neligan (in absentia)
    E. Costello (in absentia)
13. 39 Wynford Inc. (Appeal No. 38) | A. Suriano
14. G. Gagliano Ltd./Benton Property Corp. (Appeal No. 92) | A. Frank
    J. Park (in absentia)
15. Redpath Sugar (Appeal No. 144) | C. Lantz
16. Dunpar Developments Inc. (Appeal No. 19) | M. Nemanic
17. Sunlife Assurance Company of Canada (Appeal No. 167) | A. Frank
    P. Devine (in absentia)
18. Pinnacle Lakeside Development Limited Partnership (formerly Greenland Lakeside Developments Inc.) (Appeal No. 7) | A. Jeanrie