Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: September 6, 2023

CASE NO.: OLT-22-004109

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant/Appellant: Midtown West Residences Ltd.

Subject: Zoning By-law Amendment

Description: To permit the development of a 40-storey mixed use tower with 360 Residential Units

Property Address: 699-711 Lawrence Avenue West

Municipality/UT: Toronto

Municipal File No.: 22 110042 NNY 08 OZ

OLT Case No.: OLT-22-004109

OLT Lead Case No.: OLT-22-004109

OLT Case Name: Midtown West Residences Ltd. v. Toronto (City)

BEFORE:

DALE CHIPMAN MEMBER

Thursday, the 13th day of July, 2023

THE TRIBUNAL ORDERS that further to the Decision issued on June 29, 2023, the Procedural Order, as amended in accordance with the Tribunal's directions and attached hereto as Schedule “A”, shall be in force and effect for the purpose of governing the required procedures leading up to and including the hearing, which is scheduled to commence on May 27, 2024. The Tribunal has set aside 10 day(s) for the hearing.

“Euken Lui”

EUKEN LUI ACTING REGISTRAR

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.

SCHEDULE A

PROCEDURAL ORDER

1. The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties’ request or its own motion.

Organization of the Hearing

2. The video hearing will begin on May 27, 2024 at 10:00 a.m. by video conference unless the Tribunal orders otherwise.

3. The parties’ initial estimation for the length of the hearing is 10 days. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.

4. The parties and participants identified at the case management conference are set out in Attachment 1.

5. The issues are set out in the Issues List attached as Attachment 2. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.

6. The order of evidence shall be as set out in Attachment 3 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.

7. The meaning of the terms used in this Order are set out in Attachment 4.

8. Any person intending to participate in the hearing shall provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.

9. Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website.

Requirements Before the Hearing

10. A Party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other Parties a list of the witnesses and the order in which they will be called. This list must be delivered on or before Monday, January 29, 2024. For expert witnesses, a Party is to identify the area of expertise in which the witness is proposed to be qualified and shall provide a copy of the witness’ curriculum vitae.

11. Expert witnesses in the same discipline(s) shall have at least one meeting on or before Wednesday, February 7, 2024 before the hearing to try to resolve or reduce the issues for the hearing. Following the experts’ meeting, the experts shall prepare a list of any agreed facts and the remaining issues to be addressed at the hearing and provide this list to all of the Parties and the Tribunal on or before Monday, February 12, 2024.

12. An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 15 below. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.

13. Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s evidence as in paragraph 15 below.

14. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 15 below.

15. On or before Tuesday, February 27, 2024, the parties shall provide copies of their expert or non-expert witness statements (together with any associated reports) to the other parties and to the OLT case co-ordinator and in accordance with paragraph 24 below.

16. On or before Tuesday, February 27, 2024, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 24 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

17. On or before Wednesday, April 17, 2024 the parties shall provide copies of their responding witness statements to the other parties and to the OLT case co-ordinator.

18. On or before Monday, April 29, 2024 the parties shall confirm with the Tribunal if all the reserved hearing dates are still required; provided that if the Parties agree that no hearing dates are intended to be released from the Tribunal's calendar, no Party is required to advise the Tribunal of anything further in this regard.

19. On or before Monday, May 13, 2024, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 24 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

20. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before Friday, May 17, 2024. All Parties must be served with the Joint Document Book in paper or an accessible electronic format in accordance with Section 26.

21. A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.

22. A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.

23. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before Monday, May 20, 2024 with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.

24. If the applicant intends to seek approval of a substantially revised proposal at the hearing, the applicant shall provide copies of a substantially revised proposal, including all revised plans, drawings, proposed instruments, updated supporting documents and reports, to the other Parties on Monday, January 15, 2024. The applicant acknowledges that any substantial revisions to the proposal after that date without the consent of the Parties may be grounds for a request to adjourn to be decided on its merits by the Tribunal.

25. All filings shall be submitted electronically. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7. Hard copy shall be provided to the Tribunal upon request.

26. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.

This Member is not seized.

So orders the Tribunal.

BEFORE: Date: September 6, 2023 DALE CHIPMAN MEMBER

TRIBUNAL REGISTRAR

ATTACHMENT 1 LIST OF PARTIES AND PARTICIPANTS

ATTACHMENT 2 ISSUES LIST

NOTE: The identification of an issue on the Issues List does not constitute an acknowledgement by the Tribunal or any Party that the issue is relevant or appropriate, or that the Tribunal has jurisdiction over it. The identification of an issue by a Party indicates that Party’s intent to tender evidence and/or make submissions on it, for the purpose of fairly identifying to the other Parties the case they need to meet.

Issues of the City of Toronto

1. Does the proposal have regard to matters of provincial interest as set out in the following sections of the Planning Act: 2(f) (h), (p), (q) and (r)?

2. Is the proposal consistent with 1.1, 1.4.3 (b) and (c), 1.5, 1.6, and 4.6 of the Provincial Policy Statement, 2020?

3. Does the proposal conform with 2.2.1.4 (c) and (e), 2.2.4, 2.2.6, and 5.2.5.6 of the Growth Plan, 2020?

4. Does the proposal conform with the following policies of the City of Toronto Official Plan: a. Avenues (2.2.3): 2.2.3.3, 2.2.3.4, 2.2.3.5., 2.2.3.6; b. Healthy Neighbourhoods (2.3.1): 2.3.1.3; c. The Public Realm (3.1.1): 3.1.1.3, 3.1.1.6, 3.1.1.13, 3.1.1.16; d. Built Form (3.1.3): 3.1.3.1, 3.1.3.3, 3.1.3.5, 3.1.3.6, 3.1.3.7, 3.1.3.9, 3.1.3.10, 3.1.3.11, 3.1.3.13; e. Built Form – Building Types (3.1.4): 3.1.4.8, 3.1.4.9, 3.1.4.10, 3.1.4.11 and 3.1.4.12; f. Housing (3.2.1): 3.2.1.12; and, g. Mixed Use Areas (4.5): 4.5.2.

Land Use

5. Does the proposed development and zoning by-law amendment proceeding prior to an Avenue Study implement section 2.2.3 (2.2.3.3, 2.2.3.4, 2.2.3.5) of the Official Plan for the Mixed Use Area designation?

Site Organization

6. Does the proposed site organization, setbacks, location of non-residential uses and servicing, the manner in which the public realm elements fit and connect within the broader area to create a development that will adequately function as a complete community?

Built Form and Density

7. Is the proposed height and density appropriate for the site? a. Is the proposed built form appropriate in terms of its proposed massing, including setbacks, step backs, scale, separation distances, streetwall heights, design, and transition? In particular: Does the development have appropriate regard to the applicable City of Toronto Growing Up: Planning for Children in New Vertical Communities Guidelines in particular as it relates to the sizes of the units and type of amenity spaces? b. Does the proposal have appropriate regard for the Tall Building Guidelines in particular guidelines number 1.3(a), 1.3(c), 1.3(d), 2.1(c), 3.1.1(b), 3.1.1(d), 3.2.1(a)&(b), 3.2.2(b) ? ? c. Does the proposed development represent an over-development of the site? d. Does the proposed massing provide appropriate pedestrian-scaled streetwall and pedestrian perception zone along Lawrence Avenue? e. Does the proposed massing of the base building provide appropriate transition to the low-rise developments to the west and south? f. Is the proposed tower transitioned appropriately to the surrounding developments? g. Is the massing of the proposed development appropriate in terms of its impact on access to sunlight, overlook, and privacy? h. Is the proposed setback between the podium component of the development and the lands municipally know as 713 Lawrence Avenue West appropriate? i. Is the proposed stepback between the tower and the podium appropriately define the distinct parts of the tall building as defined by the Official Plan and the Tall Building Design Guidelines? j. Is the proposed tower transitioned appropriately to the surrounding developments?

Streetscape and Public Realm

8. Does the proposal provide for a relationship with the public realm and resulting streetscape? a. Is the development successful in meeting the requirements of Toronto Green Standards particularly as it relates to Tree planting Areas and soil volume (EC1.1,), requirements?

Wind

9. Is the wind impact of the proposed development on the public realm, and outdoor amenity areas acceptable? In particular: a. Does the proposal have appropriate regard for the Tall Building Guidelines section 4.3? b. Does the proposal provide comfortable wind conditions and limit wind impacts on the public realm, along the Lawrence Avenue, particularly at the transit stop and on the frontage of the Townhouse development to the west? c. Does the proposal provide comfortable wind conditions and limit wind impacts on proposed outdoor amenity spaces?

Amenity Space

10. Does the proposal provide sufficient indoor and outdoor amenity space in terms of location, size and design?

Transportation

11. Does the proposal provide sufficient parking?

12. Is the proposal successful in meeting the requirements of Toronto Green Standards particularly as it relates to AQ 1.1 Single-Occupant Auto Vehicle Trips (TDM Measures), AQ 1.2 LEV and Sustainable Mobility Spaces, AQ1.3 Electric Vehicle Infrastructure, and AQ 3.2Sidewalk Space?

13. Does the proposal provide an internalized on-site pick-up/drop-off are with a safe pedestrian route to the main entrance of the building for deliveries and ride-sharing activities?

14. Is the Transportation Impact Study for the proposed development acceptable?

15. Does the proposal provide sufficient accessible parking spaces?

Engineering Matters

16. Is there sufficient infrastructure capacity to accommodate the proposed development (including water, sanitary and stormwater)?

Public Interest

17. Would approval of the proposed development and Zoning By-law Amendment represent good planning, good urban design and be in the public interest?

Order if approved

18. In the event the proposed development is approved in whole or in part, should the Tribunal Order be withheld until the following conditions are satisfied: a. the final form and content of the draft Zoning By-law, that may include a holding provision, are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning; b. the owner has satisfactorily addressed the Transportation Services and Engineering and Construction Services matters in the Engineering and Construction Services Memorandum dated April 21, 2022, and any outstanding issues arising from the ongoing technical review (including provision of acceptable reports and studies), as they relate to the Zoning By-law Amendment application to the satisfaction of the General Manager, Transportation Services and Chief Engineer and Executive Director, Engineering and Construction Services; c. the owner has submitted a revised Transportation Demand Management Plan acceptable to, and to the satisfaction of, the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services; d. the owner has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review as they relate to the Zoning By-law Amendment application, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor; e. Submit to the Chief Engineer and Executive Director of Engineering and Construction Services for review and acceptance, prior to approval of the rezoning application, a Functional Servicing Report to determine the storm water runoff, sanitary flow and water supply demand resulting from this development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development; f. Make satisfactory arrangements with Engineering and Construction Services and enter into the appropriate agreement with the City for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, according to the accepted Functional Servicing Report accepted by the Chief Engineer and Executive Director of Engineering and Construction Services; g. Provide space within the development for installation of maintenance access holes and sampling ports on the private side, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with the Sewers By-law Chapter 681.10. h. the owner has provided financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the acceptable Functional Servicing Report and Stormwater Management Report, to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and General Manager, Toronto Water, where it has been determined that improvements or upgrades are required to support the development. In requiring any off site municipal infrastructure upgrades, the owner is to make satisfactory arrangements with Engineering & Construction Services for Work on the City's Right-of-Way. i. the owner has submitted architectural plans reflecting the proposal as approved in whole or in part, to the satisfaction of the Chief Planner and Executive Director, City Planning; j. the applicant submit a Rental Housing Demolition and Conversion Declaration of Use and Screening Form and if there are any affected rental housing units and/or dwelling rooms with existing tenants, that the owner has submitted a tenant relocation and assistance plan to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor in accordance with Official Plan Policy 3.2.1.12; k. if a Rental Housing Demolition Application is necessary, that City Council, or the Chief Planner and Executive Director, City Planning where authorized to do so, has authorized the Rental Housing Demolition Application under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, as applicable; and l. the owner has submitted an updated complete Toronto Green Standards (TGS) Checklist and Statistics Template, to the satisfaction of the Chief Planner and Executive Director, City Planning.

ATTACHMENT 3 ORDER OF EVIDENCE

1. Midtown West Residences Ltd.
2. City of Toronto
3. Midtown West Residences Ltd. (Reply)

ATTACHMENT 4 MEANING OF TERMS

Party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other parties, and making submissions on all of the evidence. If an unincorporated group wishes to become a party, it must appoint one person to speak for it, and that person must accept the other responsibilities of a party as set out in the Order. Parties do not have to be represented by a lawyer, and may have an agent speak for them. The agent must have written authorisation from the party.

NOTE that a person who wishes to become a party before or at the hearing, and who did not request this at the case management conference (CMC), must ask the Tribunal to permit this.

A Participant is an individual, group or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a party may do so). Subsection 33.2 of the Local Planning Appeal Tribunal Act states that a person who is not a party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A participant may also be asked questions by the parties should the Tribunal direct a participant to attend a hearing to answer questions on the content of their written submission.

A participant must be identified and be accorded participant status by the Tribunal at the CMC. A participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A participant cannot ask for costs, or review of a decision, as a participant does not have the rights of a party to make such requests of the Tribunal.

Written Evidence includes all written material, reports, studies, documents, letters and witness statements which a party or participant intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.

Visual Evidence includes photographs, maps, videos, models, and overlays which a party or participant intends to present as evidence at the hearing.

A Witness Statement is a short written outline of the person’s background, experience and interest in the matter; a list of the issues which he or she will discuss and the witness’ opinions on those issues; and a list of reports that the witness will rely on at the hearing.

An Expert Witness Statement should include his or her (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness’ opinions on those issues and the complete reasons for the opinions and (5) a list of reports that the witness will rely on at the hearing.

A Participant Statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a list of the issues which the participant wishes to address and the submission of the participant on those issues; and a list of reports, if any, which the participant wishes to refer to in their statement.

Additional Information

Summons: A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons. This request must be made before the time that the list of witnesses is provided to the Tribunal and the parties. (See Rule 13 on the summons procedure.) If the Tribunal requests it, an affidavit must be provided indicating how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the affidavit, it will require that a motion be heard to decide whether the witness should be summoned.

The order of examination of witnesses: is usually:

• direct examination by the Party presenting the witness;
• direct examination by any Party of similar interest, in the manner determined by the Tribunal;
• cross-examination by Parties of opposite interest;
• re-direct examination by the Party presenting the witness; or
• another order of examination mutually agreed among the Parties or directed by the Tribunal.

ATTACHMENT 5 SUMMARY OF PROCEDURAL DATES

DATE EVENT

Monday, January 15, 2024 Delivery of substantially revised proposal (if any)

Monday, January 29, 2024 Exchange of list of witnesses and the order in which they will be called

Wednesday, February 7, 2024 Meetings of expert witnesses to be completed

Monday, February 12, 2024 Filing of agreed statement of facts from meetings of expert witnesses

Tuesday, February 27, 2024 Exchange of expert reports/expert witness statements/witness statements, evidence outlines for witnesses under summons, participant statements

Wednesday, April 27, 2024 Exchange of responsive evidence

Monday, April 29, 2024 Confirm with the Tribunal if all the reserved hearing dates are still required

Monday, May 13, 2024 Exchange of visual evidence

Friday, May 17, 2024 Completion of joint document book

Monday, May 24, 2024 Parties to prepare and file hearing plan

Monday, May 27, 2024 Hearing commences