Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 25, 2024
CASE NO(S).: OLT-24-000901
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Dupont Dev LP
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the development of a mixed-use building
Reference Number: 23 183066 STE 09 OZ
Property Address: 1650, 1660, and 1664 Dupont St. and 3 Osler St.
Municipality: City of Toronto
OLT Case No.: OLT-24-000901
OLT Lead Case No.: OLT-24-000901
OLT Case Name: Dupont Dev LP v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Dupont Dev LP
Subject: By-law No. 708-2024
Description: To permit the development of a mixed-use building
Reference Number: 21 198981 STE 09 SA
Property Address: 1650, 1660, and 1664 Dupont St. and 3 Osler St.
Municipality: City of Toronto
OLT Case No.: OLT-24-000902
OLT Lead Case No.: OLT-24-000901
OLT Case Name: Dupont Dev LP v. Toronto (City)
Heard: November 7, 2024 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Dupont Dev LP | Michael Foderick |
| City of Toronto | Daniel Angelucci Daniel Elmadany |
MEMORANDUM OF ORAL DECISION DELIVERED BY JENNIFER GOLD ON NOVEMBER 7, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal convened a first Case Management Conference (“CMC”) for Appeals brought by Dupont Dev LP (“Appellant”) against the City of Toronto (“City”) regarding the Subject Lands municipally described as 1650, 1660, and 1664 Dupont Street and 3 Osler Street in the City of Toronto (“Subject Land”). One appeal (“Appeal”), pursuant to subsection 22(7) of the Planning Act, arises from the City’s refusal of the Appellant’s application for an Official Plan Amendment. The other Appeal is pursuant to subsection 34(19) of the Planning Act and arises from the approval of a modified version of the Appellant’s Zoning By-law Amendment application through City By-law No.708-2024. The Appellant seeks to re-develop the Subject Lands to permit the development of a mixed-use building with a height of 11 storeys, having building step-backs moving away from the neighbourhood to the north starting at the sixth storey. The applications propose 159 residential units and a non-residential gross floor area of approximately 420 square metres.
2Prior to the CMC, the Appellant wrote to the Tribunal seeking to amend its Notice of Appeal in order to address what the Appellant states were clerical errors in the Notice of Appeal and to expand its OPA and ZBA applications to include the property municipally described as 1648 Dupont Street in the City of Toronto. The Appellant indicates in correspondence to the Tribunal that:
“The Notice of Appeal contains two clerical errors, namely:
on page 1 of the Notice of Appeal, the subject line of the Notice of Appeal incorrectly includes the municipal planning application number for the Subject Property’s site plan approval application alongside the municipal planning application number for the OPA Application and ZBA Application – to clarify, the site plan approval application for the Subject Property has not been appealed to the Tribunal and was not intended to be appealed as part of the Notice of Appeal; and,
on page 1 of the Notice of Appeal, paragraph 3 incorrectly identifies the City By-law implementing the modified version of the ZBA Application as, “City By-law No. 708-2024” – to clarify, the correct City By-law implementing the modified version of the ZBA Application is City By-law No. 866-2024.”
3The City objects to the amendment of the Notice of Appeal and seeks its dismissal. The City states that the Appellant is attempting to significantly re-draft and change their Notice of Appeal, past the expiry of filing of appeals. At the CMC, the City requested that a motion date be scheduled, as it seeks to bring a motion to dismiss the appeals. The City also objects to the expansion of the OPA and ZBA applications to include 1648 Dupont Street.
4There were no individuals or organizations in attendance at the CMC seeking Party or Participant status. The Tribunal was in receipt of an Affidavit of Service sworn October 22, 2024 confirming that notice was provided. The issue of notice may need to be reviewed depending on the outcome of the motion (“Motion”).
MOTION
5In response to a scheduling request following the CMC and consultation respecting the Tribunal’s calendar and the availability of Counsel and the Parties, a Motion, to be held by videoconference, has been scheduled for Tuesday, January 21, 2025 at 10 a.m. Counsel for the Parties advised the Tribunal that they would agree about a schedule for the delivery of motion materials.
6Parties and/or Participants and/or Observers (and/or Witnesses?) are asked to log in to the event at least 15 minutes before it begins, to test their video and audio connections:
GoToMeeting: https://global.gotomeeting.com/join/519389173
Access Code: 519-389-173
7Parties, Witnesses and Observers 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
8Persons 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: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889. The access code is 519-389-173.
9Individuals 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
10THE TRIBUNAL ORDERS THAT:
a Motion shall proceed on Tuesday, January 21, 2025 at 10 a.m.
this Member is not seized.
“Jennifer Gold”
JENNIFER GOLD
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.