Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 21, 2023
CASE NO(S).: OLT-23-000647
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: First Capital Realty Inc.
Subject: Request to amend the Official Plan – Failure to make a decision
Description: To facilitate the development of a 24-storey residential building
Reference Number: 22 170531 NNY 08 OZ
Property Address: 34 – 70 Montgomery Avenue
Municipality: City of Toronto
OLT Case No.: OLT-23-000647
OLT Lead Case No.: OLT-23-000647
OLT Case Name: First Capital Realty Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: First Capital Realty Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To facilitate the development of a 24-storey residential building
Reference Number: 22 170531 NNY 08 OZ
Property Address: 34 – 70 Montgomery Avenue
Municipality: City of Toronto
OLT Case No.: OLT-23-000648
OLT Lead Case No.: OLT-23-000647
Heard: September 15, 2023 by video hearing
APPEARANCES:
Parties
Counsel/Representative*
First Capital Realty Inc.
Zachary Fleisher David Bronskill (in absentia)
City of Toronto
Sarah O’Connor
EPRA LRPO SKC 500 Duplex Coalition (“Coalition”)
Thomas Cohen*
MEMORANDUM OF ORAL DECISION DELIVERED BY Kurtis Smith ON September 15, 2023 AND ORDER OF THE TRIBUNAL
INTODUCTION
1This was the first Case Management Conference (“CMC”) for applications submitted by First Capital Realty Inc. (“Applicant”) to amend the Official Plan and Zoning By-Law to permit the proposed development on the lands municipally known as 34-70 Montgomery Avenue in the City of Toronto (“Subject Property”), for which no decision was rendered by City Council.
2The Applicant is proposing the redevelopment of the Subject Property to construct a 24-storey building. The proposal includes a small retail component, 306 residential units, and 124 underground parking spots.
3The Tribunal received and marked the Affidavit of Service of the Notice of CMC, sworn by Linda Roberts, as Exhibit 1.
STATUS REQUEST
4Prior to the commencement of the CMC, the Tribunal received one request for Party Status from the Coalition and zero Participant requests. The representative of the Coalition, Thomas Cohen, explained that the Coalition comprises four constituent groups: two local Residents’ Associations, Members of the Stanley Knowles Co-op (all three incorporated), and the tenants in the original tower located at 500 Duplex Avenue. The Tribunal confirmed that Mr. Cohen comprehends the responsibilities of a Party, including having previously received Party Status pertaining to another matter.
5Without objection from the Applicant and City, the Tribunal granted Party Status to the Coalition.
MEDIATION AND SETTLEMENT
6Mr. Cohen inquired to the possibility of mediation. Mr. Zachary Fleisher, Counsel for the Applicant, stated that mediation is possible, and the Coalition will be attuned to the Applicant’s decisions, when made, including the possibility of Tribunal-led mediation.
PROCEDURAL ORDER AND ISSUES LIST
7The Tribunal reviewed the draft of the Procedural Order (“PO”) provided by the Applicant which was drafted prior to the confirmation of the additional Party and will therefore require further attention, including a complete Issues List (“IL”).
8Counsel for the City, Ms. Sarah O’Connor, explained that the City’s IL will be approved by City Council no later than its December 2023 meeting. To eliminate the necessity of scheduling a second CMC to only approve the IL, Mr. Fleisher, Ms. O’ Connor and Mr. Cohen committed to providing the Tribunal with the complete IL on consent following the Council meeting.
9The final draft of the PO, including the consolidated IL is to be delivered to the Tribunal on consent for final review and approval on or before Wednesday, December 20, 2023.
10In the event the final draft PO and IL is in dispute and not received by the required date, the Tribunal will schedule a Telephone Conference Call to promptly address the matter.
HEARING DATES
11Mr. Fleisher advised the Tribunal that the addition of the Coalition will not alter the anticipated hearing time of nine days to fully address the appeal.
12The Tribunal advised that nine days are available for the hearing of the merits in respect of this matter. The nine-day hearing of the Appeal is scheduled to commence on Monday, June 17, 2024, at 10 a.m. by video. The Tribunal will not sit on Monday, June 24, 2024.
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://meet.goto.com/348282861
Access code: 348-282-861
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 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.
17The Panel Member is not seized. The Member will however receive, review and approve the Procedural Order and Issues List for issuance and may continue to assist with case management to the extent that the Tribunal’s calendar permits.
18No further Notice will be given.
ORDER
19The Tribunal Orders its decisions and directives as contained in this Decision.
“Kurtis Smith”
KURTIS SMITH
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.