Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: November 21, 2024

CASE NO(S).: OLT-24-000629

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended.

Applicant/Appellant: 1294511 Ontario Inc.

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description: To permit three new residential apartment towers at heights of 46, 41, and 30 storeys

Reference Number: 21 239141 NNY 15 OZ

Property Address: 7 and 11 Rochefort Drive

Municipality/UT: Toronto/Toronto

OLT Case No.: OLT-24-000629

OLT Case Name: 1294511 Ontario Inc. v. City of Toronto

PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended.

Applicant/Appellant: 1294511 Ontario Inc.

Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision

Description: To permit three new residential apartment towers at heights of 46, 41, and 30 storeys

Reference Number: 21 239142 NNY 15 SB

Property Address: 7 and 11 Rochefort Drive

Municipality/UT: Toronto/Toronto

OLT Case No.: OLT-24-000630

OLT Lead Case No.: OLT-24-000629

OLT Case Name: 1294511 Ontario Inc. v. City of Toronto

Heard: November 5, 2024 by Video Hearing

APPEARANCES:

Parties	Counsel
1294511 Ontario Inc.	Max Laskin
City of Toronto	Uttra Gautum Mark Piel (in absentia)

MEMORANDUM OF ORAL DECISION DELIVERED BY David Brown ON November 5, 2024 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1The Tribunal convened a Case Management Conference (“CMC”) with respect to Appeals filed by 1294511 Ontario inc. (“Appellant”) pursuant to s. 34(11) and s. 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended (“Act”) against the City of Toronto (“City”) for its failure to make decisions within the timeframes prescribed by the Act in response to an Application to amend the Zoning By-law and an Application for a Plan of Subdivision filed by the Appellants.

2The Applications were submitted to facilitate the Appellant’s proposal to redevelop the lands known municipally as 7 and 11 Rochefort Drive with three new residential apartment buildings having a combined total of 1,322 residential units and the dedication of lands for a new public park and a future road allowance.

3The Tribunal received an Affidavit of Service sworn on October 10, 2024 (Exhibit 1), confirming that the Notice of these proceedings was provided in accordance with the directions of the Tribunal.

4No requests for Party Status or Participant Status were received by the Tribunal and no persons attended the CMC seeking status.

5The Appellants indicated their willingness to discuss settlement opportunities and the Counsel for the City advised that they are awaiting direction from City Council with respect to engaging in settlement discussions.

6The Parties provided a draft Procedural Order (“PO”) including an Issues List on consent prior to the commencement of the CMC. A ten-day Hearing of the Merits of the Appeals (“Merit Hearing”) is being requested by the Parties.

7The Tribunal scheduled a ten-day Merit Hearing to commence Monday, October 20, 2025, at 10 a.m. by Video Hearing and concluding on Friday, October 31, 2025.

8Parties and/or Observers 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/344779885

Access code: 344-779-885

9Parties 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

10Persons 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 as indicated above.

11Individuals 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.

12The Parties provided a finalized PO after the conclusion of the CMC. The PO is attached to this Decision and shall govern the proceedings leading up to and including the Hearing of the Merits.

ORDER

13THE TRIBUNAL ORDERS THAT:

a) A ten-day Merit Hearing shall commence on Monday, October 20, 2025, as set out in paragraphs [7] through [11] of this Order; and,

b) The Procedural Order included as Schedule A to this Order shall govern the proceedings leading up to and including the Hearing of the Merits.

14The Member is not seized but may be available to assist with the case management of this proceeding, through the Case Coordinator, subject to the Tribunal’s calendar.

15No further notice shall be provided.

“David Brown”

DAVID BROWN

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.

SCHEDULE A

CASE NO(S).: OLT-24-000629

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended.

Applicant/Appellant: 1294511 Ontario Inc.

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description: To permit three new residential apartment towers at heights of 46, 41, and 30 storeys

Reference Number: 21 239141 NNY 15 OZ

Property Address: 7 and 11 Rochefort Drive

Municipality/UT: Toronto

OLT Case No.: OLT-24-000629

OLT Case Name: 1294511 Ontario Inc. v. City of Toronto

PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended.

Applicant/Appellant: 1294511 Ontario Inc.

Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision

Description: To permit three new residential apartment towers at heights of 46, 41, and 30 storeys

Reference Number: 21 239142 NNY 15 SB

Property Address: 7 and 11 Rochefort Drive

Municipality/UT: Toronto

OLT Case No.: OLT-24-000630

OLT Lead Case No.: OLT-24-000629

OLT Case Name: 1294511 Ontario Inc. v. City of Toronto

Procedural Order

1. The Tribunal may vary or add to the directions in this Procedural Order at any time by an oral ruling or by another written order, either on the parties’ request or its own motion.

Organization of the Hearing

2. The video hearing will begin on Monday October 20, 2025 at 10 a.m.

3. The estimated length of the hearing is ten (10) days. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.

4. The parties and participants are set out in Attachment 1. See Attachment 4 for the meaning of these terms.

5. The issues are set out in the Issues List attached as Attachment 2. Subject to a party’s right to modify or supplement issues that directly arise from a revised proposal contemplated in paragraph 10, there will be no changes to this list, other than a party’s right to remove or narrow issues, unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.

6. The order of evidence shall be as set out in Attachment 3 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.

7. Any person intending to participate in the hearing shall provide a mailing address, email address and a telephone number to the Tribunal as soon as possible. Any person who retains a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.

8. Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website.

Requirements Before the Hearing

9. A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of the witnesses, the expert witness(es)' curriculum vitae and Acknowledgment of Expert Duty form(s), and the order in which the witnesses will be called. This list must be delivered on or before June 23, 2025. For expert witnesses, a party is to identify the area of expertise in which the witness is proposed to be qualified.

10. If the applicant intends to seek approval of a revised proposal at the hearing, the applicant shall provide copies of the revised proposal, including all revised plans, drawings, proposed instruments, and updated supporting documents and reports to the other parties on or before May 23, 2025. The applicant acknowledges that any revisions to the proposal after that date without the consent of the parties may be grounds for a request to adjourn the hearing.

11. Expert witnesses in the same field shall have at least one meeting on or before August 1, 2025 to try to resolve or reduce issues for the hearing. The experts may prepare a list of any agreed facts and the remaining issues to be addressed at the hearing and provide this list to all of the parties and the Tribunal on or before August 6, 2025 if agreement is reached.

12. An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 13. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony. For greater certainty, each expert witness statement must comply with the minimum content requirements specified in Rule 7 of the Tribunal’s Rules of Practice and Procedure. If the expert witness has prepared any report(s) that they intend to rely on at the hearing, and which did not form part of the submissions made to the City, such report(s) shall be provided to the parties at the same time as the delivery of witness statements, as in paragraph 13.

13. A witness (including any expert witness) or participant must provide to the Tribunal and the parties a witness statement or participant statement, respectively, on or before August 21, 2025 or the witness may not give oral evidence at the hearing. Participants are only permitted to provide written evidence to the Tribunal, except as permitted by the Ontario Land Tribunal Act, 2021 and the Tribunal's Rules of Practice and Procedure.

14. Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s evidence as in paragraph 13.

15. The parties may provide to all other parties a written response to any written evidence within twenty (20) days after the evidence is received and in accordance with paragraph 22.

16. On or before September 15, 2025, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

17. On or before September 30, 2025, the parties shall provide copies of their visual evidence to all of the other parties. The Tribunal and all parties shall be notified if a model will be used, and all parties must have a reasonable opportunity to view it before the scheduled commencement of the hearing.

18. A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.

19. A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.

20. On or before October 13, 2205, the parties shall prepare and file a detailed Work Plan that identifies the following, at a minimum: the identified parties participating in the Hearing Event, preliminary matters (if any to be addressed), the date a witness is intended to attend the Tribunal, the identified witness name/expertise, and the approximate time allotted for Examination in Chief, Cross Examination and any re-examination (if any) (the “Work Plan”). The Work Plan should be adhered to guide the Hearing Event to the best ability of all the parties, and any and all witnesses shall be available on the identified date(s), unless otherwise directed by the Tribunal. The Tribunal may, at its discretion, change or alter the Work Plan throughout the Hearing Event.

21. The parties shall prepare a Joint Document Book on or before October 10, 2025 and, if requested by the Tribunal, one (1) hard copy will be filed with the Tribunal as soon as practicable in advance of the Hearing. All parties must be served with the Joint Document Book in paper or an accessible electronic format in accordance with paragraph 22.

22. All filing of documents and materials shall be electronic to the Tribunal, the parties and participants (if any). The Tribunal will be provided a hard copy of documents and materials in advance of the hearing event as soon as practicable should it request same. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7. All documents to be filed with the Tribunal shall be organized, tabbed and digitally searchable and such materials will be filed in accordance with directions contained in the Tribunal’s Video Hearing Guide, or as may be amended. Paragraph 22 applies regardless of if the hearing event is in-person or electronic.

23. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness or as permitted in paragraph 10. The Tribunal’s Rule 17 applies to such requests.

24. The Tribunal may conduct mediation on consent of all parties, on consent of those parties who wish to participate in mediation, or if the Tribunal sees fit.

25. The purpose of this Procedural Order and the meaning of the terms used in this Procedural Order are set out in Attachment 4.

This Member is not seized.

So orders the Tribunal.

SUMMARY OF DATES

DATE	EVENT
May 23, 2025	Last date to provide copies of revised proposal, including all revised plans and drawings (if any)
June 23, 2025	Exchange of witness lists (names, disciplines and order to be called)
August 1, 2025	Experts’ Meetings
August 6, 2025	Agreed Statement of Facts
August 21, 2025	Exchange of Witness Statements, summoned witness outlines, Expert Reports and Participant Statements
September 10, 2025	Exchange of Reply Witness Statements (if any)
September 15, 2025	Parties to Advise Tribunal if any hearing dates are to be released from the hearing calendar (if any)
September 30, 2025	Exchange of visual evidence (if any)
October 10, 2025	Finalize Joint Document Book
October 13, 2025	Final Work Plan filed with the Tribunal
October 20, 2025	Hearing commences

ATTACHMENT 1 PARTICIPANTS

Parties

1. 1294511 Ontario Inc. Max Laskin (416) 849-6938 mlaskin@goodmans.ca
2. City of Toronto Mark Piel and Uttra Gautam (416) 392-2124 / (416) 396-7986 mark.piel@toronto.ca / uttra.gautam@toronto.ca

Participants

None

ATTACHMENT 2 ISSUES LIST

NOTE: The identification of an issue on the Issues List does not constitute an acknowledgement by the Tribunal or any Party that the issue is either relevant or appropriate. The identification of an issue on this list by a Party indicates that Party’s intent to lead evidence or argue that the issue is relevant to the proceeding, for the purpose of fairly identifying to the other Parties the case they need to meet and shall not be construed as the Tribunal have jurisdiction over such matters in each circumstance. Accordingly, no Party shall advance an issue not identified on the Issues List without leave of the Tribunal.

1294511 Ontario Inc.

1. Are the proposed conditions of draft plan of subdivision approval reasonable, having regard to the nature of the development?

City of Toronto

Provincial Statutory & Policy Requirements

1. Does the proposed development and the Zoning By-law Amendment have regard for the matters of provincial interest set out in Section 2 of the Planning Act, particularly paragraph (f), (h), and (n)?

2. Are the proposed development, the Zoning By-law Amendments, and the Official Plan Amendments consistent with the Provincial Planning Statement (2024) as required by Section 3 of the Planning Act, in particular Chapter 1 and Sections 3.1.1, 3.2, 3.6.1(a) and (b), 3.6.8, 3.9.1(a), 6.1.1, 6.1.(8), and 6.2.1.

City of Toronto Official Plan

3. Does the proposed development and the Zoning By-law Amendment conform with the policies of the City of Toronto Official Plan with respect to Section 2.2.5.(c) and (h), 2.2.9 (Structuring Growth in the City), Section 2.3.1.5 (Healthy Neighbourhoods), Section 2.4.15, (Bringing the City Together), Section 3.1.1.8, 9 and 10 (The Public Realm), Section 3.2.3.3 (Parks and Open Spaces), Section 5.1.2 (Holding By-laws), Section 5.3.2 (Implementation Plans and Strategies for City- Building), Section 5.6 (Interpretation) and Schedule 3.

Transportation Planning

4. Is the proposed development’s site access and circulation appropriate having regard to existing access from Rochefort Drive over the site to the abutting property owner’s lands to the south of the site?

5. Is the proposed development appropriate without providing a new public street connection from Rochefort Drive to the abutting property owner’s lands to the south of the site?

Infrastructure and Municipal Servicing

6. Is the proposed development consistent with applicable Provincial and City design criteria and guidelines with respect to sewers and watermains, storm water management, and ground water discharge?

7. Has it been shown that the proposed development can be adequately serviced by existing City municipal infrastructure (sanitary and storm sewers)?

8. If the answer is “no” to the immediately preceding issue, does good land use planning require the zoning by-law for the development to include a holding symbol for the site with conditions for its removal that include the design and construction of upgrades and/or improvements to existing City municipal infrastructure, the provision of financial security to the City in respect of the upgrades/improvements, and the registration of agreements securing the upgrades and/or improvements?

Plan of Subdivision

9. Does the proposed draft plan of subdivision have regard to the health, safety, convenience, accessibility for persons with disabilities and welfare of the present and future inhabitants of the municipality?

10. Does the proposed draft plan of subdivision have regard to the adequacy of utilities and municipal services?

11. Does the proposed draft plan of subdivision have regard to the area of land within the proposed subdivision that is to be conveyed or dedicated for public purposes?

12. Having regard to the nature of the development proposed for the subdivision, is it reasonable to impose as conditions of approval of the plan of subdivision that:

a. The lands to be provided as a new vehicular access from Rochefort Drive be shown as a block on the draft plan of subdivision to be conveyed to the City;

b. The lands to be provided as a new vehicular access from Rochefort Drive be shown as a public highway on the draft of subdivision; and

c. The owner of the lands proposed to be subdivided enter into an agreement with the City dealing with such matters as the City may consider necessary, including the provision of municipal and other services?

Zoning By-law Amendment

13. Does the draft zoning by-law amendment appropriately secure the provision of new public highways in connection with the proposed development?

Public Interest and Good Land Use Planning

14. Is it in the public interest to approve a draft plan of subdivision for the site which identifies as a block, rather than a public highway, certain lands which provide vehicular access to abutting lands to the south?

15. Is it good land use planning to approve a draft plan of subdivision for the site which identifies as a block, rather than a public highway, certain lands which provide vehicular access to abutting lands to the south?

Conditions

16. If the proposed development is approved in whole or in part, should the Tribunal Order on the Zoning By-law Amendment be withheld until the Tribunal has received confirmation from the City Solicitor that:

a) the final form of the draft Zoning By-law and Draft Plan of Subdivision conditions are satisfactory to the City Solicitor and the Executive Director, Development Review;

b) the owner has provided a Functional Servicing Report and Stormwater Management Report, including the Foundation Drainage Report (the “Engineering Reports”) to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and the General Manager, Toronto Water;

c) in the event a holding symbol is not included in the Zoning By-law Amendment, the owner has designed and provided financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Engineering Reports, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water, should it be determined that improvements or upgrades are required to support the development, according to the accepted Engineering Reports;

d) in the event a holding symbol is not included in the Zoning By-law Amendment, the owner has entered into an agreement with the City for the fee simple conveyance of the on-site parkland dedication requirement and at no cost to the City, with such conveyance to occur prior to the issuance of the first above grade building permit, to the satisfaction of the General Manager, Parks, Forestry and Recreation;

e) City Council has approved the Rental Housing Demolition Application 21 239145 NNY 15 RH in accordance with Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, to permit the demolition of the 128 existing rental dwelling units at 7-11 Rochefort Drive, and the owner has entered into, and registered on title to the lands, one or more agreements with the City, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, securing all rental housing-related matters necessary to implement City Council's decision including:

a. Replacement of the existing 128 rental housing units, including the same number of units, bedroom type and size and with similar rents; and

b. An acceptable Tenant Relocation and Assistance Plan addressing the right for existing tenants to return to a replacement rental unit.

ATTACHMENT 3 ORDER OF EVIDENCE

1. 1294511 Ontario Inc.
2. City of Toronto
3. 1294511 Ontario Inc., in reply (if any)

Attachment 4 Meaning of terms used in the Procedural Order:

A party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other parties, and making submissions on all of the evidence. An unincorporated group cannot be a party and it must appoint one person to speak for it, and that person must accept the other responsibilities of a party as set out in the Order. Parties do not have to be represented by a lawyer and may have an agent speak for them. The agent must have written authorisation from the party.

NOTE that a person who wishes to become a party before or at the hearing, and who did not request this at the case management conference (CMC), must ask the Tribunal to permit this.

A participant is an individual or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a party may do so). Section 17 of the Ontario Land Tribunal Act states that a person who is not a party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A participant may also be asked questions by the parties should the Tribunal direct a participant to attend a hearing to answer questions on the content of their written submission.

A participant must be identified and be accorded participant status by the Tribunal at the CMC. A participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A participant cannot ask for costs, or review of a decision, as a participant does not have the rights of a party to make such requests of the Tribunal.

Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party or participant intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.

Visual evidence includes photographs, maps, videos, models, and overlays which a party or participant intends to present as evidence at the hearing.

A witness statement is a short written outline of the person’s background, experience and interest in the matter; a list of the issues which he or she will discuss ; and a list of reports or materials that the witness will rely on at the hearing.

An expert witness statement should include his or her (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness’ opinions on those issues and the complete reasons supporting their opinions and conclusions and (5) a list of reports or materials that the witness will rely on at the hearing. An expert witness statement must be accompanied by an acknowledgement of expert’s duty.

A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a statement of the participant’s position on the appeal; a list of the issues which the participant wishes to address and the submissions of the participant on those issues; and a list of reports or materials, if any, which the participant wishes to refer to in their statement.

Additional Information

A summons may compel the appearance of a person before the Tribunal who has not agreed to appear as a witness. A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons through a request. (See Rule 13 on the summons procedure.) The request should indicate how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the information provided in the request that the evidence is relevant, necessary or admissible, the party requesting the summons may provide a further request with more detail or bring a motion in accordance with the Rules.

The order of examination of witnesses is usually direct examination, cross-examination and re-examination in the following way:

• direct examination by the party presenting the witness;
• direct examination by any party of similar interest, in the manner determined by the Tribunal;
• cross-examination by parties of opposite interest;
• re-examination by the party presenting the witness; or
• another order of examination mutually agreed among the parties or directed by the Tribunal.