Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 05, 2023
CASE NO(S).: OLT-22-004277
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant: 955-969 Weston Road Development Limited Partnership
Appellant: CP REIT Ontario Properties Limited
Appellant: Hollis Dev LP
Appellant: KingSett Capital
Appellant: Trolleybus Urban Developments Inc.
Subject: Proposed Official Plan Amendment
Description: The purpose and effect of Official Plan Amendment 571 is to add a new Secondary Plan (Mount Dennis Secondary Plan) to the Official Plan
Reference Number: 18 161660 WET 11 OZ
Property Address: Mount Dennis Secondary Plan
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-22-004277
OLT Lead Case No: OLT-22-004277
OLT Case Name: 955-969 Weston Road Development Limited Partnership v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 9(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6.
Motion by: City of Toronto – Approval Authority
Purpose of Motion: Motion for Directions
Heard: August 15, 2023 via Video Hearing
APPEARANCES:
Parties
Counsel
Trolleybus Urban Development Inc., 955-969 Weston Road Development Limited Partnership, and CP REIT Ontario Properties Limited
Rodney Gill David Bronskill (in absentia)
KingSett Capital
Naomi Mares Eileen Costello (in absentia)
Hollis Dev LP
Michael Foderick
City of Toronto
Mark Crawford Michelle Lafortune
Metrolinx
K. Vergis-Mayo Signe Leisk (in absentia) Christie Gibson (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY N. EiSAZADEH ON AUGUST 15, 2023 AND ORDER OF THE TRIBUNAL
1This is the third Case Management Conference (“CMC”) convened in respect of appeals filed against the City of Toronto (“City”) for its adoption of Official Plan Amendment No. 571 (“OPA 571”). OPA 571 adds a new Secondary Plan, the Mount Dennis Secondary Plan (“MDSP”), to the City’s Official Plan.
2This CMC was scheduled to deal specifically with a motion, contemplated by the City, seeking an adjournment of development applications within the MDSP area, which are currently pending before this Tribunal, until after the MDSP appeals have been resolved. Added to the CMC agenda is a request for a consolidation of the appeals brought forward by Trolleybus Urban Development Inc. (“Trolleybus”).
ADJOURNMENT SINE DIE OF 955-969 WESTON ROAD DEVELOPMENT LIMITED PARTNERSHIP (“955 WESTON”) AND CP REIT ONTARIO PROPERTIES LIMITED (“CP REIT”) APPEALS
3The Tribunal received a Notice of Motion and Affidavit evidence filed by Rory McNeil, a land use planner on behalf of the City, setting out a request for an adjournment sine die of the site-specific appeals brought by 955 Weston and CP REIT. The Adjournment request is made on the consent of Counsel for those Appellants, subject to Proposed Terms of Adjournment (“Adjournment Terms”) reached by the respective Parties to the consent adjournment. The Adjournment Terms are appended to this Decision as Attachment 1.
4The Tribunal also received a Response to Motion from KingSett Capital (“KingSett”) which sought to clarify that while its Notice of Appeal sets out its various properties of ownership and site-specific appeals, which have not yet been deemed complete by the City, it also included a general appeal, in scope, of the entirety of the MDSP. While KingSett was not opposed to the adjournment request of the 955 Weston and CP REIT appeals, it would oppose an adjournment of its general appeal of OPA 571.
5Counsel for the City, Mark Crawford, clarified that the request for adjournment was only in relation to the 955 Weston and CP REIT appeals, and that the City is not seeking an adjournment of the general OPA 571 appeal in any fashion.
6Counsel for 955 Weston and CP REIT, Rodney Gill, confirmed his clients’ agreement to the adjournment request, subject to the agreed upon Adjournment Terms.
7Given Mr. Crawford’s submissions, Counsel for Kingsett confirmed she was not opposed to the adjournment sought. No other party was opposed to the request.
8The Tribunal is satisfied that the requested adjournment of the 955 Weston and CP REIT appeals of OPA 571 is the most efficient and effective use of the respective Parties’ resources and time, as well as that of this Tribunal. The Tribunal is further satisfied that granting the requested adjournment, sine die, does not pose any substantial prejudice to the Parties, does not present conflict with the Tribunal’s calendar, and is a reasonable request under the circumstances; and so grants the requested adjournment.
CONSOLIDATION OF TROLLEYBUS APPEALS
9The Tribunal was advised that Trolleybus, along with a separate appellant not party to the present appeals, BV Realty Partners GP Inc., currently have two additional site-specific appeals before this Tribunal, a Zoning By-law Amendment (“ZBA”) and an Official Plan Amendment (“OPA”) respecting the lands municipally known as 1-9 Oxford Drive, in the City. A five-day Merit Hearing has been scheduled for those appeals to commence on January 15, 2024, under Case File Numbers: OLT-22-004328 and OLT-22-004329 (“Trolleybus Site-Specific Appeals”).
10Counsel for Trolleybus, Mr. Gill, advised that BV Realty Partners GP Inc. and Trolleybus will be requesting that the Trolleybus appeal of OPA 571 be consolidated and adjudicated in the context of the Trolleybus Site-Specific Appeals (“Trolleybus Consolidation Request”).
11Mr. Gill submitted that it would be in the best interests of the Parties and the Public, and the most efficient use of the resources of this Tribunal, if the Tribunal Panel hearing the site-specific appeals were to also hear the appeal of OPA 571.
12Mr. Crawford confirmed the City would consent to the Trolleybus Consolidation Request. No other Party was opposed to the request.
13This present Panel of the Tribunal finds the Trolleybus Consolidation Request to be generally acceptable and appropriate, subject ultimately to the determination of the Panel of the Tribunal that will preside over the Trolleybus Site-Specific Appeals bearing Case Nos. OLT-22-004328 and OLT-22-004329. As the hearing of those matters is already governed by a Procedural Order and is scheduled for a 5-day hearing set to commence on January 15, 2024, Mr. Gill and Mr. Crawford have undertaken to write to the Tribunal in advance of that hearing to request a further CMC to speak to, and seek, a consolidation order.
14In view of this, I find it appropriate that the Tribunal provide its final consideration of this consolidation request at the next CMC for the appeals of OPA 571, currently returnable Tuesday, October 10, 2023, as set out below, at which time it is anticipated that the City and Trolleybus will provide an update regarding the status of Case Nos. OLT-22-004328 and OLT-22-004329 in relation to the Trolleybus Consolidation Request.
NEXT STEPS
15As previously scheduled, a Tribunal-assisted Mediation remains set to proceed on Thursday, September 14 to Friday, September 15, 2023.
16Pursuant to the prior CMC Decision in this matter dated July 6, 2023, a further CMC has been scheduled to proceed on Tuesday, October 10, 2023, by video. The purpose of this further CMC is to obtain an update on the Trolleybus Consolidation Request, the issuance of a Final PO and IL governing the present proceedings, and the scheduling of a Merit Hearing. While the access details have not changed, they are reproduced as follows, for ease of reference:
GoTo Meeting: https://global.gotomeeting.com/join/927921077
Access code: 927-921-077
17Parties 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.
18Parties 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
19Persons 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) 497-9391. The access code is as indicated above.
20Individuals 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
21The site-specific appeals of 955-969 Weston Road Development Limited Partnership and CP REIT Ontario Properties Limited are hereby adjourned, sine die, subject to the terms and conditions set out in the Adjournment Terms appended to this Decision as Attachment 1.
22The remaining Appellants, being Hollis Dev LP and KingSett Capital, are directed to provide their draft Issues List to the Counsel for the City by no later than Tuesday, September 26, 2023, following which the Parties are required to submit the finalized draft Procedural Order, inclusive of the Issues List, on or before Wednesday, October 4, 2023.
“N. Eisazadeh”
N. Eisazadeh
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.
ATTACHMENT 1