February 19, 2025
TO: All recipients of the Ontario Land Tribunal Decision and Order issued on December 05, 2024
RE: OLT CASE NO.: OLT-24-000563, DECISION ISSUED ON DECEMBER 05, 2024
On December 05, 2024, the Ontario Land Tribunal issued its Decision and Order (“Decision”) on the above noted case.
Rule 24.4 of the Ontario Land Tribunal’s Rules of Practice and Procedure (“Rule”) states that the Tribunal may at any time correct a technical or typographical error made in a decision or order.
The Tribunal has corrected the Decision under the authority of this Rule by:
i. Material in Attachment B provided to the Tribunal by the City of Torotno contained an error. Schedule B to the Order, which lists all properties within the District is incomplete and seems to only reflect the properties classified
as contributing to the District. This is problematic as the HCD by-law is to be registered on all properties within the boundaries, as required by s. 41(13) of the Ontario Heritage Act;
ii. A technical correction to Attachment B, on pages 9-17, has been updated to reflect all properties within the boundaries.
A corrected version of the Decision issued on December 05, 2024, is enclosed with this communication. This enclosed Decision replaces the Decision and Order issued on December 05, 2024.
Thank you, “Euken Lui”
EUKEN LUI REGISTRAR
Encl.
ISSUE DATE:
December 5, 2024
CASE NO(S).:
OLT-24-000563
PROCEEDING COMMENCED UNDER subsection 41(4) of the Ontario Heritage Act,
R.S.O. 1990, c. O.18, as amended.
Appellant:
Elizabeth Bodkin
Subject:
Objection to By-law designating the Cabbagetown Southwest Heritage Conservation District
Reference Number:
By-law No. 260-2024
Municipality:
City of Toronto
OLT Case No.:
OLT-24-000563
OLT Lead Case No.:
OLT-24-000563
OLT Case Name:
Bodkin v Toronto (City)
Heard:
November 22, 2024, in writing
APPEARANCES:
Parties
Counsel/Representative*
Elizabeth Bodkin (“Appellant”)
Self-represented*
City of Toronto (“City”)
Matthew Longo
DECISION DELIVERED BY JEAN-PIERRE BLAIS AND ORDER OF THE TRIBUNAL
INTRODUCTION
Link to Order
1The matter before the Tribunal is an Appeal of By-law No. 260-2024 (“By-law”) passed by the City to designate the Cabbagetown Southwest Heritage Conservation
District (“HCD”) and adopt the HCD Plan for this District pursuant to Part V of the Ontario Heritage Act, R.S.O. 1990, c. O.18, as amended (“OHA”). The By-law pertains to certain lands including lands municipally known as 255 Seaton Street in the City that are owned by the Appellant (“Subject Property”).
2The Tribunal notes that Jordan Allison withdrew from being the sole Participant.
SETTLEMENT OF THE APPEAL
3Prior to a Case Management Conference (“CMC”) held on October 3, 2024, the Appellant and the City advised the Tribunal that they reached a settlement that resolves the Appeal fully (“Settlement”). The Settlement entails minor proposed amendments to the By-law, including to change the categorization of the Subject Property from “contributing” to “non-contributing” status within the By-law. In all other respects, the By- law would remain materially as passed by the City.
3At the CMC, the Tribunal ordered that the Settlement was to be considered by a written hearing.
4After the CMC, the City requested the Tribunal’s assistance by rendering a decision in an expeditious fashion. Counsel for the City indicated that there were two factors that made this matter time sensitive and advised as follows:
5First, unlike individual property designations under Part IV of the OHA there is no interim protection for properties designated within an HCD (Part V) when a matter is under appeal to the Tribunal. Until the Tribunal issues its final order there is no heritage protection in place for the Cabbagetown Southwest neighbourhood. The City is aware of several pending applications in the area that would benefit from the guidance of the HCD Plan to ensure the shared heritage attributes are not eroded by insensitive infill development; and,
6Second, amendments to the Ontario Heritage Act (Bill 23) introduced a
two-year time limitation for municipalities to elevate “listed” heritage properties to “designated” heritage properties. If this step is not taken the listed properties lose protection under the Act and are precluded from listing or designation for a period of five years. There are six properties within the HCD that merit protection under the OHA, but their listing will expire at the end of March 2025. Their addresses are 239, 241, 243, 245, 247, 249 Gerrard Street. A quick approval of the HCD Plan will ensure that these buildings are protected, save administrative work at the municipal level approving their designations at City Council, and avoid a potential multiplicity of proceedings if those designations are appealed.
EVIDENCE
7The Tribunal confirms that it has received, reviewed, and considered the following evidence:
a. The uncontested opinion evidence of Clinton Robertson, a professional heritage planner with the City, contained in his comprehensive Affidavit sworn on November 12, 2024, and marked as Exhibit 1; and,
b. The uncontested opinion evidence of Tiffany Ly, a planner with the City, contained in her comprehensive Affidavit sworn on November 12, 2024, and marked as Exhibit 2.
MODIFICATIONS TO ORIGINAL HCD PLAN
8The revised Cabbagetown Southwest HCD Plan before the Tribunal (Revised HCD Plan), as reflected in Exhibit “F” to the Affidavit of Mr. Robertson, includes changing one property – 255 Seaton Street - from a “contributing property to a “non- contributing property. The City was amenable to changing the status of 255 Seaton Street from “contributing” to “non-contributing” status given that previous approvals to alter the property had been exercised sometime after the original HCD Plan had been endorsed on December 7, 2023. The changes to the property which involved altering
the roofline and changing the form, scale and massing of the property greatly diminished its integrity as a historic resource. To reflect the change in status of 255 Seaton Street from a “contributing” to a “non-contributing” property, the following changes were made revising the original HCD Plan:
(a) in Section 5.4, the “Contributing Properties” map showing “contributing” and “non-contributing” properties was revised to reflect the changed status of 255 Seaton Street.;
(b) Appendix C (Index of Contributing Properties) was changed to remove 255 Seaton Street from the list of addresses;
(c) Appendix E (List of Non-Contributing Properties) was changed to add 255 Seaton Street to the list of addresses; and,
(d) Appendix D (Statements of Contribution), which is a short, individual description and photograph of each “contributing” property, was changed to remove the description and photograph for 255 Seaton Street.
9There are additional proposed technical revisions to the original HCD plan.
10Since Council adoption of the original HCD plan, on August 20, 2024, the Province of Ontario has updated the Provincial Planning Statement, which relates to heritage conservation. Therefore Section 2.2 of the original HCD Plan has been updated to include reference to revised policy language relating to heritage conservation, including identification of “cultural heritage landscape” as a defined term.
11Additionally, since the original HCD Plan was approved by City Council, effective October 20, 2024, the Province of Ontario revoked the designation of the Greater Golden Horseshoe as a growth plan area. Accordingly, the section previously included as 2.3 - A Place to Grow: Growth Plan for the Greater Golden Horseshoe has been removed from the Revised HCD Plan.
12An additional technical correction related to the inclusion of two previously identified “contributing” properties in Appendix C (Index of Contributing Properties) - 373 and 375 Ontario Street - which had been demolished 2020-2021. To correct this error, the following changes were made in the Revised HCD Plan:
(a) Appendix C (Index of Contributing Properties) was changed to remove the addresses of 373 and 375 Ontario Street;
(b) Appendix E (List of Non-Contributing Properties) was changed to add the addresses of 373 and 375 Ontario Street; and,
(c) The “Contributing Properties” map showing “contributing” and “non- contributing” properties was revised to reflect 373 and 375 Ontario Street to not be “contributing” properties.
13Further, minor stylistic changes and clarity and readability edits have been made to the original HCD Plan to resolve typographic errors, clarify italicized terms, and insert updated illustrations to increase clarity for the reader.
CONCLUSION
14The Tribunal accepts the opinion evidence of Mr. Robertson and Ms. Ly as presented in their Affidavits and similarly finds that the subject By-law, including the Revised HCD Plan, has regard to matters of provincial interest as set out at s. 2 of the Planning Act; is consistent with the Provincial Planning Statement (2024); conforms with the OHA, the City’s Official Plan and Official Plan Amendment 406 (2019) (the Downtown Plan); and constitutes good heritage and land use planning.
ORDER
15THE TRIBUNAL ORDERS as follows:
i) The Appeal against By-law No. 260-2024 of the City of Toronto is allowed in part, and By-law No. 260-2024 is amended in the following manner:
(1) the area outlined by the heavy lines shown on the map attached as Attachment A to this Order and comprising the properties listed in Attachment B to this Order is designated as a heritage conservation district under Part V of the Ontario Heritage Act, to be known as the Cabbagetown Southwest Heritage Conservation District and is in effect as of the date of this Order.
(2) the Cabbagetown Southwest Heritage Conservation District Plan attached as Attachment C to this Order shall be the Heritage Conservation District Plan for the Cabbagetown Southwest Heritage Conservation District and is in effect as of the date of this Order.
ii) In all other respects, the Tribunal orders the Appeal is dismissed;
iii) The City Clerk is authorized to format the amendments to By-law 260- 2024, in accordance with Attachments A, B and C to this Order, as may be necessary, for record keeping purposes, notice to the Ontario Heritage Trust, and registration purposes; and,
iv) The City Clerk and the City Solicitor are authorized to cause a copy of the approved By-law 260-2024 to be registered against title to the properties listed in Attachment B to this Order in the proper Land Registry Office and the City Clerk is authorized to cause notice of the approved By-law 260-2024 to be served upon the Ontario Heritage Trust.
“Jean Pierre-Blais”
JEAN PIERRE BLAIS
MEMBER
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.
ATTACHMENT A
DESIGNATION OF CABBAGETOWN SOUTHWEST HERITAGE CONSERVATION DISTRICT
ATTACHMENT B
LIST OF PROPERTIES IN THE CABBAGETOWN SOUTHWEST HERITAGE CONSERVATION DISTRICT
List of Properties (Primary Addresses only) – Cabbagetown Southwest
Berkeley Street
232 Berkeley St
234 Berkeley St
236 Berkeley St
238 Berkeley St
240 Berkeley St 246 A Berkeley St 246 B Berkeley St 248 A Berkeley St 248 B Berkeley St 250 A Berkeley St
250 B Berkeley St
251 Berkeley St
252 A Berkeley St 252 B Berkeley St 254 Berkeley St 254 A Berkeley St
254 B Berkeley St
255 Berkeley St
257 Berkeley St
259 Berkeley St
261 Berkeley St
263 Berkeley St
265 Berkeley St
267 Berkeley St
269 Berkeley St
270 Berkeley St
272 Berkeley St
274 Berkeley St
275 Berkeley St
276 Berkeley St
278 Berkeley St
280 Berkeley St
282 Berkeley St
284 Berkeley St
286 Berkeley St
288 Berkeley St
290 Berkeley St
292 Berkeley St
294 Berkeley St
296 Berkeley St
298 Berkeley St
300 Berkeley St
302 Berkeley St
304 Berkeley St
306 Berkeley St
308 Berkeley St
310 Berkeley St
312 Berkeley St
314 Berkeley St
316 Berkeley St
318 Berkeley St
320 Berkeley St
322 Berkeley St
324 Berkeley St
326 Berkeley St
328 Berkeley St
330 Berkeley St
332 Berkeley St
334 Berkeley St
336 Berkeley St
337 Berkeley St
338 Berkeley St
339 Berkeley St
340 Berkeley St
341 Berkeley St
342 Berkeley St
343 Berkeley St
344 Berkeley St
345 Berkeley St
346 Berkeley St
347 Berkeley St
349 Berkeley St
351 Berkeley St
353 Berkeley St
355 Berkeley St
356 Berkeley St
357 Berkeley St
358 Berkeley St
359 Berkeley St
360 Berkeley St
362 Berkeley St
364 Berkeley St
365 Berkeley St
366 Berkeley St
367 Berkeley St
368 Berkeley St
369 Berkeley St
370 Berkeley St
371 Berkeley St
372 Berkeley St
373 Berkeley St
374 Berkeley St
375 Berkeley St
376 Berkeley St
377 Berkeley St
Coatsworth Street
378 Berkeley St
379 Berkeley St
380 Berkeley St
381 Berkeley St
382 Berkeley St
383 Berkeley St
384 Berkeley St
385 Berkeley St
386 Berkeley St
387 Berkeley St
388 Berkeley St
389 Berkeley St
390 Berkeley St
391 Berkeley St
393 Berkeley St
48 Coatsworth St
50 Coatsworth St
Central Hospital Lane
15 Central Hospital Lane 17 Central Hospital Lane
Dundas Street East
330 Dundas St E
331 Dundas St E
333 Dundas St E 335 Dundas St E
336 Dundas St E 339 Dundas St E
340 Dundas St E
343 Dundas St E
344 Dundas St E
345 Dundas St E
346 Dundas St E 358 R Dundas St E 358 Dundas St E 360 Dundas St E 362 Dundas St E
364 Dundas St E
365 Dundas St E
366 Dundas St E 368 Dundas St E 370 Dundas St E 374 Dundas St E
376 Dundas St E
377 Dundas St E
381 Dundas St E
382 Dundas St E
383 Dundas St E
385 Dundas St E
386 Dundas St E
387 Dundas St E
388 Dundas St E
389 Dundas St E
390 Dundas St E
391 Dundas St E
392 Dundas St E
393 Dundas St E
394 Dundas St E 396 Dundas St E 398 Dundas St E
400 Dundas St E
401 Dundas St E
404 Dundas St E 406 Dundas St E 408 Dundas St E 410 Dundas St E
413 Dundas St E
414 Dundas St E
415 Dundas St E
416 Dundas St E
417 Dundas St E
419 Dundas St E
420 Dundas St E 422 Dundas St E
425 Dundas St E
426 Dundas St E
428 Dundas St E
429 Dundas St E 432 Dundas St E
Gerrard Street East
201 Gerrard St E
202 Gerrard St E
203 Gerrard St E
204 Gerrard St E
205 Gerrard St E
206 Gerrard St E
207 Gerrard St E
208 Gerrard St E
209 Gerrard St E
210 Gerrard St E
211 Gerrard St E
212 Gerrard St E
213 Gerrard St E
214 Gerrard St E 216 Gerrard St E 218 Gerrard St E
219 Gerrard St E
220 Gerrard St E 222 Gerrard St E 224 Gerrard St E
226 Gerrard St E
227 Gerrard St E
228 Gerrard St E 230 Gerrard St E
232 Gerrard St E 234 Gerrard St E
236 Gerrard St E
237 Gerrard St E
238 Gerrard St E
239 Gerrard St E
240 Gerrard St E
241 Gerrard St E
242 Gerrard St E
243 Gerrard St E
244 Gerrard St E
245 Gerrard St E
246 Gerrard St E
247 Gerrard St E
248 Gerrard St E
249 Gerrard St E
250 Gerrard St E 252 Gerrard St E
254 Gerrard St E
255 Gerrard St E
256 Gerrard St E
257 Gerrard St E
258 Gerrard St E
259 Gerrard St E
260 Gerrard St E
261 Gerrard St E
262 Gerrard St E
263 Gerrard St E
264 Gerrard St E
265 Gerrard St E
266 Gerrard St E
269 Gerrard St E
270 Gerrard St E 280 Gerrard St E 284 Gerrard St E 286 Gerrard St E 288 Gerrard St E 290 Gerrard St E 292 Gerrard St E 294 Gerrard St E 296 Gerrard St
Milan Street
270 Milan St
Ontario Street
218 Ontario St
219 Ontario St
220 Ontario St
221 Ontario St
222 Ontario St
223 Ontario St
224 Ontario St
227 Ontario St
228 Ontario St
230 Ontario St
231 Ontario St
232 Ontario St
233 Ontario St
234 Ontario St
235 Ontario St
236 Ontario St
237 Ontario St
238 Ontario St
240 Ontario St
241 Ontario St
242 Ontario St
243 Ontario St
245 Ontario St
246 Ontario St
247 Ontario St
248 Ontario St
249 Ontario St
250 Ontario St
251 Ontario St
252 Ontario St
253 Ontario St
254 Ontario St
255 Ontario St
256 Ontario St
257 Ontario St
258 Ontario St
259 Ontario St
260 Ontario St
261 Ontario St
262 Ontario St
264 Ontario St
265 Ontario St
266 Ontario St
267 Ontario St
269 Ontario St
270 Ontario St
271 Ontario St
275 Ontario St
288 Ontario St
290 Ontario St
291 Ontario St
294 Ontario St
295 Ontario St
297 Ontario St
299 Ontario St
301 Ontario St
303 Ontario St
304 Ontario St
305 Ontario St
306 Ontario St
307 Ontario St
308 Ontario St
310 Ontario St
311 Ontario St
312 Ontario St
313 Ontario St
315 Ontario St
316 Ontario St
317 Ontario St
319 Ontario St
320 Ontario St
321 Ontario St
323 Ontario St
324 Ontario St
326 Ontario St
327 Ontario St
328 Ontario St
330 Ontario St
332 Ontario St
333 Ontario St
334 Ontario St
335 Ontario St
336 Ontario St
337 Ontario St
338 Ontario St
340 Ontario St
342 Ontario St
346 Ontario St
348 Ontario St
349 Ontario St
352 Ontario St
354 Ontario St
356 Ontario St
358 Ontario St
359 Ontario St
361 Ontario St
362 Ontario St
364 Ontario St
365 Ontario St
366 Ontario St
367 Ontario St
368 Ontario St
369 Ontario St
370 Ontario St
372 Ontario St
373 Ontario St
374 Ontario St
375 Ontario St
376 Ontario St
377 Ontario St
379 Ontario St
380 Ontario St
381 Ontario St
382 Ontario St
383 Ontario St
384 Ontario St
385 Ontario St
386 Ontario St
387 Ontario St
389 Ontario St
391 Ontario St
408 Ontario St
411 Ontario St
413 Ontario St
414 Ontario St
415 Ontario St
416 Ontario St
417 Ontario St
418 Ontario St
419 Ontario St
420 Ontario St
421 Ontario St
423 Ontario St
424 Ontario St
425 Ontario St
426 Ontario St
427 Ontario St
429 Ontario St
430 Ontario St
431 Ontario St
433 Ontario St
434 Ontario St
435 Ontario St
437 Ontario St
Parliament Street
438 Ontario St
440 Ontario St
441 Ontario St
442 Ontario St
445 Ontario St
446 Ontario St
447 Ontario St
448 Ontario St
449 Ontario St
450 Ontario St 450 A Ontario St
452 Ontario St
453 Ontario St
454 Ontario St
454 1/2 Ontario St
455 Ontario St
456 Ontario St
458 Ontario St
410 Parliament St
Poulett Street
62 Poulett St
64 Poulett St
66 Poulett St
72 Poulett St
88 Poulett St
90 Poulett St
Seaton Street
61 Seaton St
63 Seaton St
65 Seaton St
67 Seaton St
69 Seaton St
71 Seaton St
75 Seaton St
77 Seaton St
79 Seaton St
81 Seaton St
83 Seaton St
85 Seaton St
87 Seaton St
89 Seaton St
91 Seaton St
92 Seaton St
94 Seaton St
95 Seaton St
96 Seaton St
97 Seaton St
98 Seaton St
99 Seaton St
100 Seaton St
101 Seaton St
102 Seaton St
103 Seaton St
104 Seaton St
105 Seaton St
106 Seaton St
107 Seaton St
108 Seaton St
109 Seaton St
110 Seaton St
111 Seaton St
112 Seaton St
114 Seaton St
115 Seaton St
116 Seaton St
117 Seaton St
118 Seaton St
119 Seaton St
120 Seaton St
121 Seaton St
122 Seaton St
123 Seaton St
125 Seaton St
126 Seaton St
127 Seaton St
128 Seaton St
129 Seaton St
130 Seaton St
132 Seaton St
133 Seaton St
134 Seaton St
135 Seaton St
136 Seaton St
137 Seaton St
138 Seaton St
139 Seaton St
140 Seaton St
141 Seaton St
142 Seaton St
143 Seaton St
145 Seaton St
147 Seaton St
149 Seaton St
167 Seaton St
169 Seaton St
171 Seaton St
173 Seaton St
175 Seaton St
177 Seaton St
179 Seaton St
180 Seaton St
181 Seaton St
182 Seaton St
183 Seaton St
184 Seaton St
185 Seaton St
186 Seaton St
187 Seaton St
188 Seaton St
188 A Seaton St
189 Seaton St
190 Seaton St
191 Seaton St
192 Seaton St
193 Seaton St
195 Seaton St
197 Seaton St
198 Seaton St
199 Seaton St
200 Seaton St
201 Seaton St
202 Seaton St
203 Seaton St
204 Seaton St
205 Seaton St
208 Seaton St
210 Seaton St
213 Seaton St
215 Seaton St
215 A Seaton St
216 Seaton St
217 Seaton St
217 A Seaton St
219 Seaton St
220 Seaton St
221 Seaton St
222 Seaton St
223-225 Seaton St
224 Seaton St
226 Seaton St
227-229 Seaton St
231 Seaton St
232 Seaton St
234 Seaton St
235 Seaton St
236 Seaton St
237 Seaton St
238 Seaton St
239 Seaton St
240 Seaton St
241 Seaton St
242 Seaton St
243 Seaton St
244 Seaton St
245 Seaton St
247 Seaton St
248 Seaton St
249 Seaton St
250 Seaton St
251 Seaton St
252 Seaton St
253 Seaton St
254 Seaton St
255 Seaton St
256 Seaton St
257 Seaton St
258 Seaton St
259 Seaton St
260 Seaton St
261 Seaton St
262 Seaton St
263 Seaton St
264 Seaton St
265 Seaton St
267 Seaton St
268 Seaton St
270 Seaton St
272 Seaton St
295 Seaton St
296 Seaton St
297 Seaton St
298 Seaton St
299 Seaton St
300 Seaton St
301 Seaton St
303 Seaton St
305 Seaton St
306 Seaton St
307 Seaton St
309 Seaton St
311 Seaton St
312 Seaton St
313 Seaton St
314 Seaton St
315 Seaton St
317 Seaton St
319 Seaton St
320 Seaton St
321 Seaton St
323 Seaton St
325 Seaton St
326 Seaton St
327 Seaton St
328 Seaton St
330 Seaton St
331 Seaton St
332 Seaton St
333 Seaton St
334 Seaton St
337 Seaton St
339 Seaton St
341 Seaton St
343 Seaton St
ATTACHMENT C
CABBAGETOWN SOUTHWEST HERITAGE CONSERVATION DISTRICT PLAN