Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 19, 2023
CASE NO(S).: OLT-23-000471
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: 295 Jarvis LP Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To permit the development of a 60-storey mixed-use building containing 618 residential units Reference Number: 22 229720 STE 13 OZ Property Address: 295 Jarvis Street Municipality/UT: Toronto/Toronto OLT Case No: OLT-23-000471 OLT Lead Case No: OLT-23-000471 OLT Case Name: 295 Jarvis LP v. Toronto (City)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit the development of a 60-storey mixed-use building containing 618 residential units Reference Number: 22 229720 STE 13 OZ Property Address: 295 Jarvis Street Municipality/UT: Toronto/Toronto OLT Case No: OLT-23-000472 OLT Lead Case No: OLT-23-000471
Heard: September 12, 2023 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| 295 Jarvis LP | Joe Hoffman, David Bronskill (in absentia) |
| City of Toronto | Sarah O’Connor, Jason Davidson |
| Infrastructure Ontario | Katarzyna Sliwa, Kevin Pirak |
| The Hospital for Sick Children | Isaac Tang |
MEMORANDUM OF ORAL DECISION DELIVERED BY F. LAVOIE AND S. DIXON ON SEPTEMBER 12, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision and Order arises from the first Case Management Conference (“CMC”) held regarding appeals filed by 295 Jarvis LP (“Appellant”) pursuant to sections 22(7) and 34(11) of the Planning Act, R.S.O. 1990, c. P.13, in respect of the non-decision by the City of Toronto (“City”) to amend the Official Plan and Zoning By-law on a site-specific basis to permit the development of a 60-storey mixed use building on the Appellant’s property, known municipally as 295 Jarvis Street (“Subject Lands”).
SERVICE OF NOTICE
2The Tribunal was in receipt of an Affidavit of Service sworn by Renata Ribeiro on August 15, 2023, which was marked as Exhibit 1.
3While the City acknowledged that the Tribunal’s directions for notice were fulfilled, including service to the Subject Lands, counsel for the City submitted that the Subject Lands currently contain a rooming house and that the tenants of same may not be aware of the Appeal.
4Counsel for the Appellant submitted that, in addition to notice being given as required, the tenants of the Subject Lands have been consulted at length on the proposed development. However, he acknowledged that they may not be specifically aware of the Appeal.
5After discussing potential approaches to resolving the City’s concern, the Appellant and City proposed on consent that the City undertake to contact the tenants of the Subject Lands and advise them of the Appeal. Should any of the tenants wish to participate in the Hearing, the Parties will confer and contact the Tribunal to seek further direction.
6The Tribunal approved the above approach and noted that, notwithstanding the additional efforts by the City respecting the tenants of the rooming house, no further notice is required for these proceedings.
REQUESTS FOR STATUS
7The Tribunal was in receipt of two requests for Party Status from (1) Infrastructure Ontario and (2) The Hospital for Sick Children (“SickKids”).
8Infrastructure Ontario owns the lands immediately north of the Subject Lands, currently occupied by the Ontario Provincial Court and the Ontario Superior Court. They support the proposed amendments but want to ensure that the current operations of Infrastructure Ontario are not impacted.
9SickKids advised the Tribunal that the Subject Lands are within the eastern flight path for helicopters servicing their hospitals. They want to ensure that the proposed amendments appropriately recognize and protect the flight path.
10The requests for Party Status were not opposed by the Appellant or the City and were both granted by the Tribunal.
11The Tribunal was in receipt of a Participant Status Request and Participant Statement from Adam Wynne. Mr. Wynne is concerned with the potential heritage attributes of the existing building on the Subject Lands. His request was not opposed by any of the Parties and he was granted Participant Status by the Tribunal.
OPPORTUNITIES FOR SETTLEMENT
12The Parties advised the Tribunal that they have been engaged in constructive discussions that they anticipate will continue. They further advised that Tribunal-led mediation may be appropriate, but that further discussion among the Parties is required before proceeding in that direction. Should Tribunal-led mediation be desired, the Parties will contact the Tribunal to request same.
PROCEDURAL ORDER AND ISSUES LIST
13The Appellant and City provided the Tribunal with a Draft Procedural Order in advance of the CMC, which was generally acceptable to the Tribunal. However, given the additional status requests, they did not prepare an Issues List. The Parties agreed to finalize the Draft Procedural Order and Issues List no later than Friday, November 17, 2023, which accommodates the City’s need to seek instructions from City Council.
HEARING DATES
14After hearing the Parties’ submissions on the preliminary number and types of witnesses anticipated to testify, the Tribunal scheduled a 12-day Video Hearing commencing Monday, May 27, 2024, at 10 a.m.
15Parties 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:
GoToMeeting: https://meet.goto.com/943363669
Access Code: 943-363-669
16Parties 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.
17Persons 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 943-363-669.
18Individuals 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 Video Hearing 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
19THE TRIBUNAL ORDERS that a hearing on the merits will commence by Video Hearing on Monday, May 27, 2024, at 10 a.m. 12 days have been set aside for the Hearing.
20There will be no further notice.
21This Panel is not seized.
“F. Lavoie”
F. LAVOIE
MEMBER
“S. Dixon”
S. DIXON
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.