Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 29, 2024
CASE NO(S).: OLT-22-002213 (Formerly PL200396) OLT-24-000609
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 1322104 Ontario Inc. Subject: Application to amend Zoning By-law No. 569-2013 and Etobicoke Zoning Code - Refusal or neglect of City of Toronto to make a decision Existing Zoning: Zoning By-law: 569-2013 - RM(u4)(x2) / Etobicoke Zoning Code – RM-1 Proposed Zoning: Zoning By-law: 569-2013 - RM(u4)(x2) Site Specific / Etobicoke Zoning Code – RM-1 Site Specific Purpose: To permit the redevelopment of the Site into 14, back-to-back, 3-bedroom townhouse units Property Address/Description: 80 Thirtieth Street Municipality: City of Toronto Municipality File No.: 19 262483 WET 03 OZ OLT Case No.: OLT-22-002213 Legacy Case No.: PL200396 OLT Lead Case No.: OLT-22-002213 Legacy Lead Case No.: PL200396 OLT Case Name: 1322104 Ontario Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A
Appellant: 1322104 Ontario Inc. Subject: Site Plan Description: To permit development of 14 back-to-back, three (3)-bedroom townhouse units within a three (3)-storey built form Reference Number: 24 124733 WET 03 SA Property Address: 80 Thirtieth Street Municipality/UT: Toronto OLT Case No.: OLT-24-000609 OLT Lead Case No.: OLT-24-000609 OLT Case Name: 1322104 Ontario Inc. v. Toronto (City)
Heard: November 19, 2024 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| 1322104 Ontario Inc. | Michael Nemanic Giouzelin Mutlu |
| City of Toronto | Adam Ward Ray Kallio |
| Metrolinx | Adrianna Pilkington |
MEMORANDUM OF ORAL DECISION DELIVERED BY K.R. ANDREWS ON November 19, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Hearing was scheduled to serve as a second Case Management Conference (“CMC”) for case No. OLT-24-000609, concerning a Site Plan Approval (“SPA”) Appeal, and a Special Hearing with respect to case No. OLT-22-002213 (Formerly PL200396) regarding outstanding Zoning By-law Amendment (“ZBA”) approval conditions (see: 1322104 Ontario Inc. v Toronto (City), 2022 CanLII 37727 (ON LT)). Pursuant to the Tribunal’s Decision issued October 10, 2024, the two matters were ordered to be heard together going forward (see: 1322104 Ontario Inc. v Toronto (City), 2024 CanLII 101416 (ON LT)). Both the SPA and ZBA Appeals involve the same development at 80 Thirtieth Street.
2Central to both matters are rail-safety concerns expressed by Metrolinx. These concerns impact case No. OLT-22-002213 (Formerly PL200396) because Metrolinx is included with clearing Condition “B” of the ZBA approval conditions. That condition requires Metrolinx, as well as the City of Toronto (“City”), to be satisfied with the City’s peer review of the Derailment Protection Report. The City has confirmed its satisfaction, while Metrolinx has not. Metrolinx’s rail-safety concerns are also impacting case No. OLT-24-000609, insofar as it is unsupportive of the proposed SPA on a similar basis.
3The Tribunal finds that Metrolinx’s expressed concerns have the effect of holding up the resolution of both proceedings, given that a final order respecting the ZBA matter cannot occur without Metrolinx clearing the applicable condition, and the SPA matter cannot proceed absent of final approval of said ZBA. The Tribunal consequently finds it necessary for Metrolinx to be involved in both proceedings to overcome these issues.
PARTY STATUS OF METROLINX
4At the request of the Tribunal, Metrolinx attended the present CMC, and it further sought Party status with consent of the other Parties. Having heard Metrolinx’s submissions on its involvement in these matters, the Tribunal finds that Metrolinx has an obvious direct and genuine interest, and it has demonstrated a commitment to fully participate in the proceedings. As stated previously, the Tribunal further finds that Metrolinx’s involvement is necessary to enable the Tribunal to adjudicate effectively and completely on the issues, especially as it relates to rail-safety concerns. For these reasons, the Tribunal grants Metrolinx Party status.
NEXT HEARING
5After some discussions between the Tribunal and the Parties regarding a plan to move the matters forward, the Parties proposed that the SPA issues should be held in abeyance while the ZBA matter is fully resolved. In order to resolve the ZBA matter, the Tribunal and the Parties both recognize that any outstanding ZBA approval conditions must be cleared first.
6Given this objective, the Parties propose a two-day Hearing to address issues surrounding Condition “B” (which involves Metrolinx’s satisfaction (or not) with the City’s peer review of the Derailment Protection Report).
7The Tribunal accepts that this is the most prudent path forward and sets a two-day hearing commencing by video on Monday, April 14, 2025 at 10 a.m. At the same time, if any CMC issues need to be resolved in association with case No. OLT-24-000609, the Hearing will serve that purpose as well. No further Notice is required.
8Parties and Participants 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/687587165
Access code: 687-587-165
9Parties 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 GoTo Meeting or a web application is available: https://app.gotomeeting.com/home.html
10Persons 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: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889. The access code is: 687-587-165.
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.
ORDER
12THE TRIBUNAL ORDERS THAT:
- Metrolinx is granted Party status in both cases Nos. OLT-22-002213 (Formerly PL200396) and OLT-24-000609;
- the date and particulars of the upcoming two-day Hearing are set out above; and
- the Parties will jointly file an issues list and procedural order respecting the above noted Hearing no later than 30 days following issuance of this Decision.
13The Member is seized for the purpose of conducting the upcoming two-day Hearing.
“K.R. Andrews”
K.R. ANDREWS 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.