Jane Bloor LP v. Toronto (City), 2024 CanLII 120523

ISSUE DATE: November 28, 2024

CASE NO.: OLT-24-000656

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: Jane Bloor LP

Subject: By-law No. 569-2013

Description: To permit a 12-storey mixed use building

Reference Number: 23 181154 STE 04 OZ

Property Address: 2453-2469 Bloor Street West

Municipality/UT: Toronto

OLT Case No.: OLT-24-000656

OLT Lead Case No.: OLT-24-000656

OLT Case Name: Jane Bloor LP v. Toronto (City)

BEFORE:

Monday, the 25th

day of November, 2024

THE TRIBUNAL ORDERS that further to the Decision issued on October 8, 2024, the Procedural Order, as approved by the Tribunal and attached hereto as Schedule “A”, shall be in force and effect for the purpose of governing the required procedures leading up to and including the hearing, which is scheduled to commence on March 24, 2025. The Tribunal has set aside 5 days for the hearing.

“Euken Lui”

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.

Schedule “A”

ISSUE DATE: CASE NO(S).: OLT-24-000656

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Jane Bloor LP

Subject: By-law No. 569-2013

Description: To permit a 12-storey mixed use building

Reference Number: 23 181154 STE 04 OZ

Property Address: 2453-2469 Bloor Street West

Municipality: Toronto

OLT Case No.: OLT-24-000656

OLT Case Name: OLT-24-000656

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

The hearing will commence on March 24, 2025 at 10:00 a.m and will end on March 28, 2025 by video hearing.
The parties’ initial estimation for the length of the hearing is 5 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.
Parties 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.

GoTo Meeting: https://meet.goto.com/680885805

Access code: 680-885-805

Parties 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 at: https://app.gotomeeting.com/home.html
Persons 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. Access code is 680-885-805.
Individuals 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.
The parties and participants identified at the case management conference are set out in Attachment 1.
The issues are set out in the Issues List attached as Attachment 2. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it. Notwithstanding the foregoing, the Issues List may be amended on the consent of the parties to remove Issues that are resolved or no longer relevant.
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.
The purpose of this Procedural Order and the meaning of the terms used in it are set out in Attachment 4.
Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining 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.
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

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 and the order in which they will be called. This list must be delivered on or before January 8, 2025 (at least 75 days prior to the start of the hearing) and in accordance with paragraph 27 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.
Expert witnesses in the same field shall have a meeting on or before January 22, 2025 (at least 61 days prior to the start of the hearing) and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before January 31, 2025 (at least 52 days prior to the start of the hearing).
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 18 below. 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.
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 18 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 16 above.
On or before February 18, 2025 (at least 34 days prior to the start of the hearing), the parties shall provide copies of their [witness and] expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 27 below.
On or before February 18, 2025 (at least 34 days prior to the start of the hearing), a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 27 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.
On or before March 13, 2025 (at least 11 days prior to the start of the hearing) the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
On or before March 14, 2025 (at least 10 days prior to the start of the hearing), the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 27 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.
Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence within ten (10) days, February 27, 2025 , after the evidence is received and in accordance with paragraph 27 below.
The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before March 14, 2025 (at least 10 days prior to the start of the hearing).
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.
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.
The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before March 14, 2025 (at least 10 days prior to the start of the hearing) with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.
All filings shall be submitted electronically and in hard copy. 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.
No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.
A summary of the various procedural dates is contained in Attachment 5.

This Member is [not] seized.

So orders the Tribunal.

BEFORE:

Name of Member:

Date:

TRIBUNAL REGISTRAR

ATTACHMENT 1

LIST OF PARTIES / PARTICIPANTS

Parties:

Jane Bloor LP

Aird & Berlis LLP

Brookfield Place,

181 Bay Street, Suite 1800

Toronto ON M5J 2T9

Matthew Helfand

Tel: 416-865-4624

Email: mhelfand@airdberlis.com

City of Toronto

Toronto Legal Services

Planning & Administrative Tribunal Law Section

55 John Street, 26th Floor Metro Hall

Toronto, ON

M5V 3C6

Matthew Longo

Tel: 416- 392-8109

Email: matthew.longo@toronto.ca

Jyoti Zuidema

Tel: 416- 338-0800

Email: jyoti.zuidema@toronto.ca

Swansea Area Ratepayers Group

95 Lavinia Avenue

Toronto, ON

M6S 3H9

Veronica Wynne

SARA/SARG, President.

Tel: 416-762-3773

Email: swansearatepayers@bell.net

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 relevant or appropriate, or that the Tribunal has jurisdiction over it. The identification of an issue by a Party indicates that Party’s intent to tender evidence and/or make submissions on it, for the purpose of fairly identifying to the other Parties the case they need to meet. No Party shall make submissions or tender evidence on an issue not identified on the Issues List without leave of the Tribunal.

Issues List of the City of Toronto

Planning Act

Does the proposed development and Zoning By-law Amendment have appropriate regard for the matters of provincial interest set forth in Section 2 of the Planning Act, particularly:
1. 2(h) - the orderly development of safe and healthy communities
2. 2(q) - the promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians.
3. 2(r) - the promotion of built form that is well-designed, encourages a sense of place, and provides for public spaces that are of high quality, safe, accessible, attractive, and vibrant? (Swansea Area Ratepayers Group “SARG” Sheltered Issue)

City of Toronto Official Plan

Does the proposed development conform to the policies of the City of Toronto Official Plan, including, but not limited to, the following sections:
1. 2.2.3 Avenues: Reurbanizing Arterial Corridors;
2. 2.3.1 Healthy Neighbourhoods;
3. 3.1.1 The Public Realm;
4. 3.1.3 Built Form;
5. 3.1.4 Built Form- Building Types;
6. 4.5 Mixed Use Areas (Swansea Area Ratepayers Group “SARG” Sheltered Issue)

Planning Studies and Design Guidelines

Does the proposed development have appropriate regard for the emerging direction from the Bloor West Village Avenue Study? (Swansea Area Ratepayers Group “SARG” Sheltered Issue)
Does the proposed development have appropriate regard for and meet the intent and purposes of the Performance Standards for Mid-rise Buildings? (Swansea Area Ratepayers Group “SARG” Sheltered Issue)

Site Specific Issues

Does the proposed development represent good and appropriate land use planning and urban design, having regard to matters such as:
1. The existing and planned context;
2. The built form, massing and scale, building heights and design, including the impact on:

i. privacy and overlook concerns relating to abutting properties;

ii. gradual transition to the existing built form on Bloor Street West; and

iii. sky-view and sunlight penetration into the public realm, including sidewalks and the public plaza at the northwest corner of Bloor Street West and Jane Street. (Swansea Area Ratepayers Group “SARG” Sheltered Issue)

Does the proposed development present inappropriate wind impacts on the public realm, adjacent properties, or on site amenity spaces? (Swansea Area Ratepayers Group “SARG” Sheltered Issue)
Does the proposed development create inappropriate shadowing impacts on the public plaza at the northwest corner of Jane Street and Bloor Street West? (Swansea Area Ratepayers Group “SARG” Sheltered Issue)

Public Interest and Good Planning

Is the proposed Zoning By-law Amendment in the public interest and does it represent good planning and good urban design? (Swansea Area Ratepayers Group “SARG” Sheltered Issue)

Conditions

If the proposed development is approved, in whole or in part, should the Tribunal's Order be withheld until the following conditions are satisfied and the Tribunal has received confirmation from the City Solicitor that:
1. The final form and content of the draft Zoning By-law Amendment is to the satisfaction of the City Solicitor, the Executive Director of Development Review and the Chief Planner, City Planning;
2. The owner has provided a revised Functional Servicing Report, Stormwater Management Report, Municipal Servicing and Grading Plan, and any other reports or documents deemed necessary in support of the development to the City for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services. These reports shall determine whether the municipal water, sanitary, and storm sewer systems can support the proposed development and whether upgrades and/or improvements of the existing municipal infrastructure are required;
3. The owner has entered into a financially secured agreement for the construction of any improvements to the municipal infrastructure, at the owner's sole expense, should it be determined that upgrades are required to support the development as identified in the accepted Functional Servicing and Stormwater Management Reports or any other reports accepted by the Chief Engineer and Executive Director, Engineering and Construction Services; and
4. Necessary studies, including those related to pedestrian level wind impacts, noise and vibration have been updated and their recommendations addressed to the satisfaction of the Chief Planner and Executive Director, Development Review Division.
5. Submitted a Transportation Demand Management Plan, including any necessary financial securities to the satisfaction of the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning and that such matters arising from such study, be secured if required; and the Plan shall include:

i. mode share targets intended on shifting travel away from passenger cars and required parking;

ii. method(s) by which the target mode share and parking rates will be reached (for example -future implementation of a bike share station, car-share or transit pass program);

iii. the level of commitment to implement, enforce and maintain the plan moving forward;

iv. expected short-term and long-term outcomes; and

v. should the accepted Transportation Demand Management Plan include any cash contribution toward Transportation Demand Management measures, such cash contribution shall be paid by the Owner prior to the issuance of any building permit, including a conditional building permit, for the development and allocated in accordance with the Transportation Demand Management Plan, and such cash contribution shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Publication 18-10-0135-01, or its successor, calculated from the date of any Ontario Land Tribunal order, allowing the appeal in whole or in part, until the date of payment.

ATTACHMENT 3

ORDER OF EVIDENCE

Jane Bloor LP
City of Toronto
Swansea Area Ratepayers Group
Jane Bloor LP, 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.

ATTACHMENT 5

SUMMARY OF DATES

DATE

EVENT

January 8, 2025 (75 days prior to hearing)

Exchange of witness lists (names, disciplines and order to be called)

January 22, 2025 (61 days prior to hearing)

Experts meeting prior to this date, if such meeting occurs

January 31, 2025 (52 days prior to hearing)

Agreed Statement of Facts, if meeting occurs and matters agreed to

February 18, 2025 (34 days prior to hearing)

Exchange of Witness Statements, summoned witness outlines, Expert Reports and Participant Statements

February 27, 2025 (10) days after the evidence is received)

Exchange of written response to written evidence (if any)

March 13, 2025 (11 days prior to hearing)

Parties shall confirm with the Tribunal if all the reserved hearing dates are still required

March 14, 2025 (10 days prior to hearing)

Exchange of visual evidence (if any)

March 14, 2025 (10 days prior to hearing)

Final Hearing Plan filed with the Tribunal

March 14, 2025 (10 days prior to hearing)

Finalize Joint Document Book

March 24, 2025

Hearing commences (5 days)

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