Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 08, 2024
CASE NO(S).: OLT-24-000440
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: 2470347 Ontario Inc. Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To permit additional height and density in an approved high-rise, mixed-use development Reference Number: 22 130626 STE 09 OZ Property Address: 1245 and 1285 Dupont Street and 213 Emerson Avenue Municipality/UT: Toronto/Toronto OLT Case No: OLT-24-000440 OLT Lead Case No: OLT-24-000440 OLT Case Name: 2470347 Ontario Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 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 Reference Number: 22 130626 STE 09 OZ Property Address: 1245 and 1285 Dupont Street and 213 Emerson Avenue Municipality/UT: Toronto/Toronto OLT Case No: OLT-24-000441 OLT Lead Case No: OLT-24-000440
Heard: October 1, 2024, by video hearing
APPEARANCES:
Parties
Counsel
2470347 Ontario Inc.
Calvin Lantz Donya Yarahmadi
City of Toronto
Ariel Lo-Wong Kasia Czajkowski (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY A. Mason ON October 1, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This first Case Management Conference (“CMC”) was held concerning appeals pursuant to sections 22(7) and 34(11) of the Planning Act, R. S. O. 1990, c. P.13, as amended, with respect to the failure of the City of Toronto to make a decision within the required time period on Applications for Official Plan Amendment and Zoning By-law Amendment (“Applications”) for the properties located at 1245 and 1285 Dupont Street and 213 Emerson Avenue. The Applications would facilitate site specific amendments to permit additional height and density on lands owned by 2470347 Ontario Inc. within the approved Reimagine Galleria master planned community.
NOTICE
2An Affidavit of Service sworn on August 29, 2024, attesting to the giving of notice for this proceeding, was marked as Exhibit 1.
REQUESTS FOR STATUS
3In advance of the CMC, the Tribunal received one written request for Participant status from Jamie Ginter, an area resident. The Parties did not object to the request and the Tribunal granted Participant status to Jamie Ginter.
SECOND CASE MANAGEMENT CONFERENCE
4The Parties jointly requested a second CMC to provide a timeline to assist in advancing a Procedural Order and to potentially resolve some, or all, of the concerns between the Parties. The Tribunal set down Friday, February 7, 2025, for a second CMC.
5The hearing is scheduled to proceed by video on Friday, February 7, 2025 at 10 a.m.
6Parties and Participants are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections:
https://global.gotomeeting.com/join/344779885
Access code: 344-779-885
7Parties and/or 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 GoTo Meeting or a web application is available: https://app.gotomeeting.com/home.html
8Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to it by calling in to an audio-only telephone line: (Toll-Free) 1-888-299-1889 or +1 (647) 497-9373. The access code is: 344-779-885.
9Individuals 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 event to ensure that they are properly connected at the correct time. Questions prior to the event may be directed to the Tribunal’s Case Coordinator.
PROCEDURAL ORDER AND ISSUES LIST
10In advance of the second CMC, the Parties are directed to provide a draft Procedural Order to the Tribunal by Monday, February 3, 2025.
ORDER
11The Tribunal’s directions set out above are so ordered.
12This Member may be spoke to for case management purposes.
“A. Mason”
A. MASON
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.