Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 10, 2024
CASE NO(S).: OLT-24-000794
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Steeles Heights Inc., Sky Property Group Inc. & 2122554 Ontario Limited
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit a 50-storey mixed-use building
Reference Number: 23 167527 NNY 18 OZ
Property Address: 7-15 Steeles Avenue E
Municipality/UT: Toronto
OLT Case No.: OLT-24-000794
OLT Lead Case No.: OLT-24-000794
OLT Case Name: Steeles Heights Inc., Sky Property Group Inc. & 2122554 Ontario Limited v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Steeles Heights Inc., Sky Property Group Inc. & 2122554 Ontario Limited
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a 50-storey mixed-use building
Reference Number: 23 167527 NNY 18 OZ
Property Address: 7-15 Steeles Avenue E
Municipality/UT: Toronto
OLT Case No.: OLT-24-000794
OLT Lead Case No.: OLT-24-000795
Heard: October 7, 2024 by video hearing
APPEARANCES:
Parties
Counsel
Steeles Heights Inc. Sky Property Group Inc & 2122554 Ontario Limited. (“Appellant”)
Jennifer Evola Signe Leisk (in absentia)
Toronto (City)
Jessica Amey Jamie Dexter
Metrolinx
Jessica Karban May Luong
Young and Steeles, Land Owners Group Inc. (YSLOG Inc.)
Sarah Kagan
MEMORANDUM OF ORAL DECISION DELIVERED BY ERIC S. CROWE ON OCTOBER 7, 2024 AND ORDER OF THE TRIBUNAL
1This decision arises from a Case Management Conference (“CMC”).
2This event was the first Case Management Conference (“CMC”) for the above noted matters. The Appellants filed an appeal against the City of Toronto Council’s (“City”) refusal of an Official Plan Amendment (“OPA”) pursuant to section 22(7) and for a Zoning By-law Amendment (“ZBA”) pursuant to s. 34(11) both of the Planning Act (“Act”). The subject lands are municipally known as 7-15 Steeles Avenue East (“Subject Lands”).
2The applications propose to amend the OPA and ZBA to permit a 50-storey mixed use building on the Subject Lands. The building would contain 683 dwelling units with a 36,262 square metre, Ground Floor Area (“GFA”).
3The City refused the applications on June 27, 2024 and subsequently the Appellant’s appealed the City’s decision to the Tribunal on July 23, 2024.
AFFIDAVIT OF SERVICE
4The Tribunal was in receipt of two Affidavits of Service sworn by Sophie Campbell on September 9, 2024 and Olena Kruk on the same date September 9, 2024. At the request of the Appellants, the Tribunal marked the Affidavit of Service by Sophie Campbell sworn on September 9, 2024 as Exhibit 1a.; the Affidavit of Service by Olena Kruk sworn on September 9, 2024 as Exhibit 1b. There were no issues with the Service of Notices for the CMC and as such, no further notice is required.
REQUEST FOR PARTY STATUS
5In advance of the CMC, the Tribunal received one request for Party Status. Metrolinx requested Party status in this proceeding. Metrolinx has confirmed the Subject Properties are required as part of transit improvements in the Metrolinx Yonge North Subway Extension project. Furthermore, Metrolinx has commenced expropriation proceedings for approval to expropriate the Subject Lands. According to Jessica Karban a certificate of approval from the Ministry of Transportation for the Subject Lands may be issued on October 25, 2024. Based on a review of its statement and submissions of Ms. Karban, Counsel for Metrolinx, the Tribunal finds that Metrolinx has a genuine interest in the proceedings. Neither the Appellants or City opposed the requests for status, and the Tribunal granted Metrolinx Party status as requested.
6Sarah Kagan, advised that she represented YSLOG Inc. and that she never filed a Participant or Party Status request to the Tribunal but only wanted to be an Observer to these proceedings and be provided with copies of hearing materials. There were no objections from the Parties. Jennifer Evola advised she would provide copies of the relevant materials such as the Draft Procedural Order (“DPO”) to YSLOG Inc.
CONSOLIDATION OF MATTERS
7Ms. Evola, Counsel for the Appellants, requested a consolidation of OLT- 24-000794 (“OPA”) OLT-24-000795 (“ZBA”) and OLT-22-004346 (Site Specific Appeal). The Site Specific appeal relates to the City’s OPA 615 which introduces the Yonge-Steeles North Secondary Plan to the City’s OP and would redesignate the entirety of the site to Mixed Use areas. The City and Metrolinx objected to consolidation at this stage due to not having enough notice to consider consolidation. Based on these submissions the Tribunal agreed and did not allow consolidation at this point but noted it would be considered at the second CMC which all Parties requested.
IDENTIFICATION OF ISSUES, PREPARATION OF A DRAFT PROCEDURAL ORDER AND ISSUES LIST, AND SCHEDULING OF A FURTHER CMC
8Ms. Evola, Counsel for the Appellants provided the background of the application to the Tribunal. She noted that Sky Property Group Inc. is a party to an appeal of the City’s OPA 615 (OLT-22-004346) which is also currently before the Tribunal. Both Jessica Amey, Counsel for the City and Ms. Karban for Metrolinx, agreed that a second CMC was appropriate in this circumstance. The Tribunal agrees this may allow time for the Metrolinx expropriation matter and the appeals regarding OLT-22-004346 to be clarified. As such a second CMC is scheduled for Wednesday, December 4, 2024 at 10 a.m., via video conference.
9The Tribunal requests that the Parties work together and file a draft Procedural Order with the Tribunal on or before Wednesday, November 20, 2024 to be considered at the next CMC.
10Parties 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.
11The CMC is scheduled to proceed by Video as follows:
GoTo Meeting: https://global.gotomeeting.com/join/709076365
Access Code: 709-076-365
12Persons 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.
13Parties 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
14Individuals 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.
MEDIATION
15The parties were advised of Tribunal-led mediation. The Tribunal encourages the Parties to continue discussions in an effort to narrow or resolve all of the issues in dispute.
ORDER
16THE TRIBUNAL ORDERS a second CMC has been scheduled for Wednesday, December 4, 2024.
17THE TRIBUNAL ORDERS that the Parties file a draft Procedural Order with the Tribunal by Wednesday, November 20, 2024.
18AND THE TRIBUNAL FURTHER ORDERS that the Tribunal Member is not seized but may be spoken to in the event matters arise.
“Eric S. Crowe”
Eric S. Crowe
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.