Ontario Land Tribunal
Tribunal ontarien de l’aménagement
du territoire
ISSUE DATE:
October 15, 2024
CASE NO(S).:
OLT-24-000567
OLT-24-000590
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
2606545 Ontario Inc.
Subject:
Request to amend the Official Plan – Failure to adopt the requested amendment
Description:
To permit the redevelopment of the subject site with a 28-storey, mixed-use building including 258 residential units
Reference Number:
24 109932 STE 13 OZ
Property Address:
68, 70, 72, 74, 76, 78 and 78A Wellesley Street East and 505, 507, 509 and 509 ½ Church Street
Municipality:
City of Toronto
OLT Case No.:
OLT-24-000567
OLT Lead Case No.:
OLT-24-000567
OLT Case Name:
2606545 Ontario 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:
2606545 Ontario Inc.
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
To permit the redevelopment of the subject site with a 28-storey, mixed-use building including 258 residential units
Reference Number:
24 109932 STE 13 OZ
Property Address:
68, 70, 72, 74, 76, 78 and 78A Wellesley Street East and 505, 507, 509 and 509 ½ Church Street
Municipality:
City of Toronto
OLT Case No.:
OLT-24-000568
OLT Lead Case No.:
OLT-24-000567
PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A
Applicant and Appellant:
2606545 Ontario Inc.
Subject:
Site Plan
Description:
To permit the redevelopment of the subject site with a 28-storey, mixed-use building including 258 residential units
Reference Number:
24 109939 STE 13 SA
Property Address:
68, 70, 72, 74, 76, 78 and 78A Wellesley Street East and 505, 507, 509 and 509 ½ Church Street
Municipality:
City of Toronto
OLT Case No.:
OLT-24-000569
OLT Lead Case No.:
OLT-24-000567
PROCEEDING COMMENCED UNDER subsection 33(9) of the Ontario Heritage Act, R.S.O. 1990, c. O.18
Applicant and Appellant:
2606545 Ontario Inc.
Subject:
Refusal of Heritage Alteration
Description:
To permit the redevelopment of the subject site with a 28-storey, mixed-use building including 258 residential units
Property Address:
68, 70, 72, 74, 76, 78 and 78A Wellesley Street East and 505, 507, 509 and 509 ½ Church Street
Municipality:
City of Toronto
OLT Case No.:
OLT-24-000590
OLT Lead Case No.:
OLT-24-000590
OLT Case Name:
2606545 Ontario Inc. v. Toronto (City)
Heard:
September 26, 2024 by video hearing
APPEARANCES:
Parties
Counsel/Representative*
2606545 Ontario Inc.
E. Costello
(“Appellant”)
N Mares
City of Toronto
J. Braun
(“City”)
J. Amey
Church Wellesley Neighbourhood
A. Wilson*, as Agent for I. Flett
Association Inc.
I. Flett (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY D. ARNOLD ON SEPTEMBER 26, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This first Case Management Conference (“CMC”) was held to prepare for a hearing on the merits of the Appellant’s appeals to the Tribunal of the refusal of the City with respect to the Appellant’s applications for Official Plan and Zoning By-law Amendments, Site Plan Approval (“Planning Appeals”), and a Heritage Alteration Permit (“Heritage Appeal”), collectively herein referred to as the “Appeals”, to permit the redevelopment of the lands municipally known as 68, 70, 72, 74, 76, 78 and 78A Wellesley Street East, and 505, 507, 509 and 5091/2 Church Street in the City of Toronto (“Subject Property”), with a 28-storey mixed-use building (“Proposed Development”).
2The Tribunal entered into evidence, as Exhibit 1 in these proceedings, the Affidavit of Service of Natalie Hickey, sworn on September 3, 2024, and is satisfied that same demonstrates proper notice such that no further notice is required in these proceedings.
PARTY AND PARTICIPANT STATUS
3There were no requests for Participant status and two requests for Party status in the subject proceedings, as follows:
(a) Church Wellesley Neighbourhood Association Inc. (“CWNA”) – The CWNA seeks Party status in order to address land use planning and heritage issues pertaining to the Proposed Development and, in this regard, notes that its mandate includes planning matters in a geographic area that includes the Subject Property, and that the CWNA was closely involved in earlier proceedings that led to the current in-force official plan policies that are relevant with respect to the Appeals. The Tribunal is satisfied that the CWNA has genuine land use planning and heritage interests pertaining to the Appeals, and on no opposition of the Appellant or the City, grants Party status to the CWNA.
(b) Church-Wellesley Village BIA (“CWV BIA”) – A. Ross attended this CMC and advised of holding the position of Vice-Chair of the Board of the CWV BIA, and of authorization to attend today’s CMC to speak on behalf of the CWV BIA. In this latter regard, as part of the CWV BIA’s written request for Party status, the Tribunal is in receipt of a letter dated September 17, 2024 from G. Pratt, Chair of the CWV BIA, evidencing such authority. The Tribunal understands from submissions that the CWV BIA was created pursuant to a by-law passed by the City some years ago and has powers of a local or City board pursuant to the City’s constating legislation such that it is a legal entity. The Tribunal further understands from submissions on behalf of CWV BIA that pursuant to that by-law there is a requirement that the CWV BIA obtain certain approvals within its governance structure before it may be a Party in Tribunal proceedings. The Tribunal was advised that the CWV BIA is in the process of seeking such approvals but that they are not in place at this time. As such, the Tribunal held that the CWV BIA’s request for Party status would be deferred to a second CMC (as detailed below), for consideration at that time in order to allow time for the CWV BIA to seek such approvals and to provide satisfactory evidence of same in advance of such second CMC to the Tribunal (through the Case Coordinator) and to the Parties to these proceedings.
MEDIATION AND SETTLEMENT DISCUSSIONS
4The Tribunal encouraged the Parties to seek opportunities for settlement of some or all of the issues of the Appeals, or narrowing of some or all of such issues, which may be achieved through ongoing discussions. The Parties may request consideration for Tribunal-facilitated mediation through the Case Coordinator.
CONSOLIDATION OR HEARING TOGETHER OF THE APPEALS
5The Tribunal sought submissions regarding consideration of consolidation, or of hearing together the Planning Appeals and the Heritage Appeal at the CMC. There was some consensus between the Appellant and the City that consolidation or hearing together would be appropriate, albeit with varying submissions on preference between the two options. The Tribunal held that futher consideration of this issue would be deferred to the second CMC (as detailed below) in order to provide an opportunity for the CWNA and the CWV BIA (if granted Party status) to provide submissions on this issue before the Tribunal makes its determination.
SECOND CASE MANAGEMENT CONFERENCE
6The Tribunal ordered that a second CMC will be scheduled with respect to the Appeals to take place on Tuesday, November 12, 2024 at 10 a.m. by video.
7Parties are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/692665589
Access code: 692-665-589
8Parties 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
9Persons 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: +1 (647) 497-9373 or (toll free) 1-888-299-1889. The access code is: 692-665-589.
10Individuals 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.
11It is anticipated at this time that the agenda of the second CMC will include consideration of:
a) The CWV BIA’s request for Party status including review of any submitted documentation evidencing appropriate governance approvals with respect to such request;
b) Submissions from all Parties regarding the merits of an order consolidating or “hearing together” of the Planning Appeals and the Heritage Appeal; and
c) Submissions from all Parties with respect to a draft Procedural Order including a draft Issues List. It is anticipated that the Parties will participate cooperatively in the development of a draft Procedural Order including a draft Issue List for submission of same to the Tribunal in advance of the second CMC.
ORDER
12The Tribunal orders as follows:
a) The CWNA is granted Party status in the proceedings pertaining to the Appeals; and
b) A second CMC is scheduled to take place on Tuesday November 12, 2024 at 10 a.m. by video.
13The Tribunal so orders and provides these Case Management Conference directives for the purposes of the case management of the Appeals.
14The Member will remain available for continued case management to the extent that the Tribunal calendar permits.
“D. Arnold”
D. ARNOLD
MEMBER
Ontario Land Tribunal
Website: 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.