Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 05, 2024
CASE NO(S).: OLT-23-000141
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 789 Don Mills Developments Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit a multi-phased development consisting of privately Owned Publicly Accessible Open Space (POPS) with below grade parking in the existing conference centre and residential towers
Reference Number: 22 184087 NNY 16 OZ
Property Address: 789-793 Don Mills Road and 10 Ferrand Drive
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-23-000141
OLT Lead Case No.: OLT-23-000141
OLT Case Name: 789 Don Mills Developments 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: 789 Don Mills Developments Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a multi-phased development consisting of privately Owned Publicly Accessible Open Space (POPS) with below grade parking in the existing conference centre and residential towers
Reference Number: 22 184087 NNY 16 OZ
Property Address: 789-793 Don Mills Road and 10 Ferrand Drive
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-23-000143
OLT Lead Case No.: OLT-23-000141
PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A
Applicant and Appellant: 789 Don Mills Developments Inc.
Subject: Site Plan
Description: To permit a multi-phased development consisting of privately Owned Publicly Accessible Open Space (POPS) with below grade parking in the existing conference centre and residential towers
Reference Number: 22 184087 NNY 16 SA
Property Address: 789-793 Don Mills Road and 10 Ferrand Drive
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-23-000144
OLT Lead Case No.: OLT-23-000141
Heard: November 1, 2024 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| 789 Don Mills Developments Inc. (“Appellant”) | M. Cara C. Tanzola (in absentia) |
| City of Toronto (“City”) | L. Bisset J. Davidson (in absentia) |
| Donmeg Developments Limited | S. Tomasella J. Fraser (in absentia) |
MEMORANDUM OF ORAL DECISION DELIVERED BY ERIC S. CROWE ON NOVEMBER 1, 2024 AND ORDER OF THE TRIBUNAL
1This is the third Case Management Conference (“CMC”)regarding the Appellant’s appeals (“Appeals”) to the Tribunal of the failure or neglect of the City to make decisions with respect to the Appellant’s applications for an Official Plan Amendment, a Zoning By-law Amendment, and a Site Plan Approval within the respective prescribed statutory timelines (“Appeals”) to permit the redevelopment of the lands municipally known as 789 to 793 (789-793) Don Mills Road and 10 Ferrand Drive, in the City of Toronto (“Subject Property”).
ONTARIO HERITAGE ACT APPEAL (OLT FILE OLT-23-000953)
2The Appellant requested, with no opposition from the other Parties, that the OHA Appeal be “carried forward administratively” with the OLT Files pertaining to the Appeals at this time as there is optimism that the OHA Appeal may be resolved through further discussion and settlement between the City and the Appellant.
3The Tribunal notes that a Hearing on the merits of the Appeals was previously scheduled for Monday, October 21, 2024, but was subsequently adjourned for this third CMC.
CASE MANAGEMENT CONFERENCE
4The Parties requested a fourth CMC in these proceedings to occur at the end of January 2025 to allow for a possible settlement offer to be considered by City Council at their council meetings on the 17th through the 19th of December 2024. This CMC date would allow time for City Council to provide directions for Counsel with the additional consideration of the holiday time period. Ms. Bissett, counsel for the City, confirmed the City Council meeting dates.
5Depending upon the status of those settlement discussions at that time, this fourth CMC may be converted to a Settlement Hearing (upon timely request to, and approval by, the Tribunal to convert this fourth CMC to a Settlement Hearing). Ms. Tomasella, Counsel for Donmeg Developments Limited, agreed that a later CMC date in January would allow time to review the possible settlement.
6In view of the foregoing, the Tribunal concurs that it is appropriate to schedule a fourth CMC of the Appeals to take place as detailed below. In the event that there is no settlement, the next CMC would also allow for the setting of new Hearing dates. The Hearing is scheduled to proceed by video on Tuesday, January 28, 2025, commencing at 10 a.m.
7The Parties and Participants are asked to log in to the event at least 15 minutes before the start of the event to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/660145013
Access code: 660-145-013
8Parties 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.
9Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling in to an audio-only telephone line: Toll-Free 1-888-299-1889 or +1 (647) 497-9373. The access code is as indicated in paragraph seven [7] above.
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 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.
11The Parties were encouraged to request, through the Case Coordinator, Tribunal-facilitated mediation to assist with settlement discussions should the parties deem it potentially helpful in this regard.
ORDER
12THE TRIBUNAL ORDERS as follows:
(a) A fourth CMC of the Appeals is scheduled to take place on Tuesday, January 28, 2025 at 10 a.m. by video;
(b) The OHA Appeal File OLT-23-000953 will be “carried administratively” with respect to the Tribunal files comprising the Appeals but will not be the subject of a consolidation or hearing-together Order at this time. The Parties will provide the Tribunal with an update on the status of the OHA Appeal at the fourth CMC; and,
(c) The Member is not seized but will remain available for continued case management to the extent that the Tribunal calendar permits.
“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.