Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 5, 2024
CASE NO.: OLT-22-003830
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: CP REIT Ontario Properties Limited
Appellant: Del Boca Vista Properties Inc.
Appellant: Maverick Development Corporation
Subject: Proposed Official Plan Amendment No. 573
Description: Official Plan Amendment OPA 573
Reference Number: OPA 573
Property Address: (Danforth Avenue Study Area)
Municipality/UT: City of 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)
BEFORE:
Eric S. Crowe MEMBER Tuesday, the 3rd day of December, 2024
THIS MATTER, is in respect of appeals pursuant to s.17 (24) of the Planning Act on the approval by the City of Toronto (“City”) of Official Plan Amendment (“OPA”) No.573. The 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 lands along Danforth Avenue extending from the Don Valley Parkway in the west, to Coxwell Avenue, in the east, having come for a public hearing on August 8, 2023 before the Ontario Land Tribunal (the “Tribunal”) and the Tribunal having issued a Order on December 8, 2024; and
THE TRIBUNAL having been advised by the Parties on November 26, 2024 that a full uncontested settlement had been reached, on consent;
AND THE TRIBUNAL, having received and considered:
i. the uncontested opinion evidence of Seanna Kerr, Senior Planner in the Toronto and East York District in the Development Review District at the City of Toronto, in their comprehensive affidavit sworn on November 25, 2024;
ii. the draft modified Official Plan Amendment 573; and
iii. City Council’s Decision adopted at its meeting of May 22 and 23, 2024.
AND THE TRIBUNAL, having accepted the opinion evidence of Seanna Kerr as presented in her affidavit, finds that the subject application, has regard to those applicable matters of provincial interest found in section 2 of the Planning Act, is consistent with the Provincial Planning Statement, 2024, conforms to the City of Toronto Official Plan, and otherwise reflects principles of good land use planning and is in the public interest;
NOW THEREFORE
THE TRIBUNAL ORDERS THAT
The appeal is allowed in part and Orders that Amendment No. 573 to the Official Plan for the City of Toronto is modified as set out in Exhibit “G” to the Affidavit of Seanna Kerr. The Tribunal Orders that Amendment No. 573 to the Official Plan is approved as modified.
The Tribunal’s proceeding in this matter is hereby concluded.
“Euken Lui”
EUKEN LUI
ACTING REGISTRAR
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.