Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 05, 2023
CASE NO(S).: OLT-23-000374
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Carlyle Investments Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the construction of a 49-storey residential building
Reference Number: 22 203333 STE 13 OZ
Property Address: 33-37 Maitland Street
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-23-000374
OLT Lead Case No: OLT-23-000374
OLT Case Name: Carlyle Investments Inc. v. Toronto (City)
Heard: August 10, 2023, by Video Hearing
APPEARANCES:
Parties Carlyle Investments Inc. (“Applicant”) Counsel Michael Cara Justine Reyes
Parties City of Toronto (“City”) Counsel Jason Davidson Amanda Hill in absentia
Parties Greenrock Investments Inc. The Second Greenrock Corporation (“Greenrock”) Counsel Naomi Mares Alexander Suriano in absentia Maggie Bassani in absentia
MEMORANDUM OF ORAL DECISION DELIVERED BY JEAN-PIERRE BLAIS ON August 10, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Applicant seeks to redevelop a site at 33-37 Maitland Street in the City (“Subject Property”) to construct a 49-storey residential building, containing 439 residential units, ranging from studios to three-bedroom units. To this end, the Applicant had applied to amend the City’s Official Plan, as well as Zoning By-laws No. 569-2013 and 438-86, and had also submitted a Site Plan approval request. The Appeals are brought pursuant to subsections 22(7) and 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, and s. 114(15) of the City of Toronto Act, S.O. 2006, c. 11, Sched. A due to the failure of the City to decide in the prescribed time.
2The Subject Property at 37 Maitland Street is currently occupied by a two-storey apartment building, which has been on the City’s heritage register since 1974. The Applicant intends to preserve part of the existing building. The Subject Property at 33 Maitland Street is currently occupied by a three-storey apartment building. After the filing of the applications, the City adopted a resolution in February 2023 to add that building to the heritage register pursuant to s. 27 of the Ontario Heritage Act, R.S.O., c. O.18.
3On August 10, 2023, the Tribunal held its first Case Management Conference (“CMC”) to organize the appeals, address status requests, and establish next steps in this proceeding.
4There were no issues raised with the service of the 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 24, 2023, which was marked as Exhibit 1 to this CMC.
STATUS REQUEST
5The Tribunal received a written request for Party status from Greenrock Investment Limited and The Second Greenrock Corporation (together “Greenrock”). Greenrock owns properties at 55 Maitland Street, as well as at 40 and 50 Alexander Street, which are immediately east and south of the Subject Property. Greenrock indicated that they have an interest in this matter as their properties and the three existing apartment buildings thereon are on the Subject Property, and they wish that the proposed development does not negatively impact existing and future uses. They intend to present expert evidence at an eventual hearing into the merits of this matter.
6On consent, the Tribunal granted Greenrock Party status.
7The Tribunal was informed by Counsel for Greenrock that the request for Party status by 1665637 Ontario Ltd. was made in error.
OPPORTUNITIES FOR SETTLEMENT
8Counsel for the Parties advised that they intend to engage in settlement discussions.
NEXT STEPS
9Given 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.
10The Parties are directed to advise the Tribunal of any settlement as soon as possible and, in any event, no later than Tuesday, November 21, 2023.
11If a settlement is not reached, Parties are directed to file with the Tribunal a Draft Procedural Order, including an Issues List, no later than Tuesday, November 21, 2023.
12The second CMC is scheduled to proceed by video hearing on Tuesday, December 5, 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.
GoTo Meeting: https://global.gotomeeting.com/join/979388733
Access code: 979-388-733
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 979-388-733.
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 CMC 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:
That Greenrock Investment Limited and The Second Greenrock Corporation are granted Party status in this proceeding, and
Its directions as set out in this Decision.
18The Member of the Panel is not seized; however, will remain available for case management, subject to the Tribunal’s calendar.
19No 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.