Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 16, 2023
CASE NO(S).: OLT-23-000654
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Islington Village Development Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To redevelop the Property with a 29-storey mixed-use building with office, retail and residential uses
Reference Number: 22 139836 WET 03 OZ
Property Address: 4884-4896 Dundas Street W
Municipality/UT: City of Toronto
OLT Case No.: OLT-23-000654
OLT Lead Case No.: OLT-23-000654
OLT Case Name: Islington Village Development Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Islington Village Development Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To redevelop the Property with a 29-storey mixed-use building with office, retail and residential uses
Reference Number: 22 139836 WET 03 OZ
Property Address: 4884-4896 Dundas Street W
Municipality/UT: City of Toronto
OLT Case No.: OLT-23-000655
OLT Lead Case No.: OLT-23-000654
Heard: September 28, 2023 by Video Hearing
APPEARANCES:
| Parties | Counsel/Representative |
|---|---|
| Islington Village Development Inc. | Calvin Lantz Donya Yarahmadi |
| City of Toronto | Cameron McKeich |
MEMORANDUM OF ORAL DECISION DELIVERED BY F. Lavoie AND KURTIS SMITH ON September 28, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision and Order arises from the first Case Management Conference (“CMC”) held regarding an appeal filed by Islington Village Development Inc. (the “Appellant”) pursuant to sections 22(7) and 34(11) of the Planning Act, R.S.O. 1990, c. P.13, in respect of the failure by the Council for the City of Toronto (the “City”) to make a decision on the Appellant’s applications for Official Plan and Zoning By-law Amendments, to develop a 29-storey building on the Appellant’s property municipally known as 4884-4896 Dundas Street West.
PROCEDURAL MATTERS
2The Tribunal was in receipt of an Affidavit of Service sworn by Ani Zhai on August 24, 2023, which was marked as Exhibit 1. There were no issues with the service of notice for the CMC and as such, no further notice is required.
3The Tribunal received three Participant Status requests from the following individuals: (1) Valerie Gibson (2) Crystal Page, and (3) Carolyn Booth. Some of these individuals indicated they reside within 120 metres of the proposed redevelopment, and all shared concerns with regards to the height of the revised application, which increased the proposal from 12-storeys to 29-storeys. The individuals’ statements also spoke to traffic challenges, construction impacts, and the incompatibility of a 29-storey tower in the 250-year-old heritage-designated Islington Village. The Parties did not object to the Participant Status requests. The Tribunal hereby grants Participant Status to Valerie Gibson, Crystal Page, and Carolyn Booth.
SECOND CMC & HEARING DATES
4The Tribunal scheduled a second CMC Video Hearing for Friday, January 12, 2024 at 10 a.m. to review and approve the Draft Procedural Order and Issues List.
5Counsel for the Applicant advised the Tribunal that five days are anticipated to fully address the appeal. Counsel for the City advised that the Issues List will be finalized by late December and did not object to the scheduling of a five-day merit hearing.
6The Tribunal scheduled the five-day hearing to commence on Monday, June 17, 2024, at 10 a.m. by video hearing.
7The hearings are scheduled to proceed by video as follows:
Friday, January 12, 2023 at 10 a.m.
GoTo Meeting: https://global.gotomeeting.com/join/979388733
Access code: 979-388-733
Audio-only telephone line: (Toll Free) 1-888-299-1889 or +1 (647) 497-9373
Monday, June 17, 2023 at 10 a.m.
GoTo Meeting: https://global.gotomeeting.com/join/656004293
Access code: 656-004-293
Audio-only line: (Toll Free) 1-888-299-1889 or +1 (647) 497-9373
8Parties 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.
9Parties 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
10Persons 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.
11Individuals 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
12THE TRIBUNAL ORDERS the following:
a. That Valerie Gibson, Crystal Page, and Carolyn Booth are granted Participant Status;
b. The City will provide the Appellant with their Issues List no later than December 20, 2023;
c. The Parties will provide the Tribunal with the draft Procedural Order, complete with Issues List, by January 5, 2024;
d. A second CMC is scheduled for Friday, January 12, 2024 at 10 a.m by video hearing; and
e. A hearing on the merits will commence by video hearing on Monday, June 17, 2024, at 10 a.m. 5 days have been set aside for the Hearing.
“F. Lavoie”
F. LAVOIE
membeR
“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.