CP REIT Ontario Properties Limited et al. v Toronto (city), 2024 CanLII 1166

ISSUE DATE: January 08, 2024

CASE NO(S).: OLT-22-003830

PROCEEDING COMMENCED UNDER section 17(24) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Appellant: CP REIT Ontario Properties Limited

Appellant: Danforth Euston Holdings Inc.

Appellant: Del Boca Vista Properties Inc.

Appellant: Maverick Development Corporation

Subject: Official Plan Amendment OPA 573

Reference Number: OPA 573

Property Address: (Danforth Avenue Study Area)

Municipality/UT: Toronto/Toronto

OLT Case No: OLT-22-003830

OLT Lead Case No: OLT-22-003830

OLT Case Name: CP REIT Ontario Properties Limited et al. v Toronto (city)

Heard: December 8, 2023 via Video Hearing

APPEARANCES:

Parties

Counsel

City of Toronto

M. Crawford

CP REIT Ontario Properties Limited

D. Bronskill (in absentia) Z. Fleisher (in absentia)

Del Boca Vista Properties Inc

C. Lantz (in absentia) J. Cheng

Danforth Euston Holdings Inc.

M. Foderick (in absentia) D. Angelucci

Maverick Development Corp.

K. Sliwa (in absentia) I. Banach (in absentia) K. Pirak

Tzaf Developments Inc.

S. Leisk (in absentia) J. Evola

85 Danforth Inc.

C. Tanzola (in absentia) N. Ast

201099 Ontario Inc.

Not Represented

Cathy Tsialtas

Not Represented

1079268 Ontario Inc.

Not Represented

1258338 Ontario Inc.

Not Represented

MEMORANDUM OF ORAL DECISION DELIVERED BY JACKIE DENYES and Douglas Colbourne ON december 8, 2023 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1The Ontario Land Tribunal (“Tribunal”) Panel convened the third Case Management Conference (“CMC”) by Video Hearing for the above noted case file. There are four registered appellants and six entities with Non-Appellant Party status, as noted in the Tribunal Decision issued February 14, 2023, and August 25, 2023. The appeals are pursuant to s. 17(24) of the Planning Act and requests for Party status are against the approval by the City of Toronto (“City”) of Official Plan Amendment (“OPA”) No. 573.

2The effect of the OPA is to enact Site and Area Specific Policy No. 772 (“SASP”) to provide planning policy and implementing urban design guidelines for a portion of Danforth Avenue extending from the Don Valley Parkway in the west, to Coxwell Avenue, in the east. The area is known as Segment 2 of the City initiated “Danforth Study Area”, completed by City Staff.

BACKGROUND

3Mr. Crawford provided the Tribunal Panel with an update regarding the status of the four unrepresented Non-Appellant Parties, any settlement proposals that may arise from mediation, the finalization of a Procedural Order to manage a Merit Hearing, the scheduling of a Merit Hearing and a progress update on the adjournment of the CP REIT appeal and a disposition with respect to Del Boca’s request for consolidation of their appeals of the OPA and a site-specific Zoning By-Law Amendment (“ZBA”) – File OLT-23-000444.

STATUS OF NON-APPELLANT PARTIES

4The Tribunal disposition of August 25th, paragraph 19 indicates:

“The four entities listed as Non-Appellant Parties, being 201099 Ontario Inc. - 627 - 629 Danforth Avenue; Cathy Tsialtas - 636 – 638 Danforth Avenue; 1079268 Ontario Inc. - 635 Danforth Avenue; and 1258338 Ontario Inc. - 730 Danforth Avenue, must advise the Tribunal and all Parties of their requested status before the third CMC. The Tribunal will consider status at that time”.

5Mr. Crawford advised the Tribunal Panel that he reached out to the four unrepresented Non-Appellant Parties to no avail. He requested that the four entities listed should have their status removed in accordance with Rules 15 and 19.1 of the Ontario Land Tribunal Act due to their unresponsiveness of this Tribunal process.

STATUS OF DANFORD HOLDINGS INC.

6Mr. D. Angelucci, a representative for Danforth Euston Holdings Inc., advised the Tribunal Panel that they are in ongoing site-specific mediation and if successful, a settlement offer will be presented to Toronto City Council on the 13th of December 2023. In the event that Council endorses the settlement offer, Danforth Holdings Inc. will withdraw from this appeal proceeding. In the unlikely event a settlement agreement is not reached, they would maintain the appeal status for OPA 573 and will provide an Issues List by December 29th, 2023.

7Ms. J. Evola for Tzaf Developments indicated if there is no settlement, their client would need to review the Issues List to determine if they are sheltering under the issues. All Counsel agreed.

STATUS AND CONSOLIDATION OF DEL BOCA

8Mr. J. Cheng, a representative for Del Boca Vista Properties Inc, advised the Tribunal Panel that his client has decided not to proceed with consolidation of OPA 573 but to proceed instead in the same manner as CP REIT, with a sine die adjournment of the ZBA and that this matter could proceed more efficiently in writing.

85 DANFORTH INC

9Mr. Crawford advised the Tribunal Panel that 85 Danforth Inc. advised they are withdrawing their status request and that the Tribunal Panel decision should note that.

MERIT HEARING DATES

10With full Counsel participation, it was agreed that Merit Hearing dates in December 2024 or early 2025 seem appropriate as it is anticipated mediation will continue.

11The Merit hearing is scheduled to proceed by video on Monday, December 2, 2024 at 10 a.m. for ten (10) days.

12Parties 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:

https://global.gotomeeting.com/join/687587165

Access code: 687-587-165

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

14Persons 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 same as mentioned above.

15Individuals 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 Merit 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

16Accordingly, the Tribunal Panel orders:

a. The Tribunal Panel removes status of the four entities listed as Non-Appellant Parties, being 201099 Ontario Inc – 627-629 Danforth Avenues, Cathy Tsialtas – 636-638 Danfoth Avenue; 1079268 Ontario Inc. – 635 Danforth Avenue; and 1258338 Ontario Inc. – 730 Danforth Avenue.

b. A Merit Hearing will convene on Monday, December 2, 2024 at 10 a.m. for ten (10) days.

c. No further notice will be given.

d. Danforth Holdings Inc. will provide an update to the Tribunal after the City of Toronto Council meeting on Wednesday, December 13th, 2023 either to endorse an agreement between Danforth Holdings and the City or, to maintain their appeal status for OPA 573 and provide an Issues List by Friday, December 29th, 2023.

e. With respect to consolidation of Tribunal File OLT-23-000444. Of the Del Boca OPA and ZBA appeals, the Panel orders that Counsel, Mr. Cheng, may proceed in writing for efficiency’s sake on the ZBA appeal at a motion to be brought in early 2024 to adjourn sine die on the same terms as CP REIT previously.

f. The Tribunal Panel notes that 85 Danforth Inc. withdraws their status.

g. Mr. Crawford undertakes to provide a final Procedural Order and Issues List by Friday, January 12th, 2024 to ensure that Council for Danforth Euston Holdings Inc. and Tzaf Developments Inc. have an opportunity to review.

h. Mr. Crawford to provide R. Moyes of the Danforth Residents for Appropriate Development Group with the Procedural Order and Issues List.

17This Tribunal Panel is not seized.

“Jackie Denyes”

JACKIE DENYES

MEMBER

“D.S. Colbourne”

D.S. COLBOURNE

VICE-CHAIR

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.