Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 2, 2024
CASE NO(S).: OLT-24-000095
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: KS AOB Toronto Inc. & Dundas Atrium Toronto Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit a 34-storey mixed use building
Reference Number: 21 235326 STE 11 OZ
Property Address: 595 Bay Street, 304-316 Yonge Street and 14-40 Dundas Street West
Municipality/UT: Toronto
OLT Case No.: OLT-24-000095
OLT Lead Case No.: OLT-24-000095
OLT Case Name: KS AOB Toronto Inc. & Dundas Atrium Toronto Inc. v. Toronto
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: KS AOB Toronto Inc. & Dundas Atrium Toronto Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit 34 storey mixed-use building
Reference Number: 21 235326 STE 11 OZ
Property Address: 595 Bay Street, 304-316 Yonge Street and 14-40 Dundas Street West
Municipality/UT: Toronto
OLT Case No.: OLT-24-000096
OLT Lead Case No.: OLT-24-000095
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: KS AOB Toronto Inc. & Dundas Atrium Toronto Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit 34 storey mixed-use building
Reference Number: 21 235326 STE 11 OZ
Property Address: 595 Bay Street, 304-316 Yonge Street and 14-40 Dundas Street West
Municipality/UT: Toronto
OLT Case No.: OLT-24-000097
OLT Lead Case No.: OLT-24-000095
Heard: November 25, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel
KS AOB Toronto Inc. Dundas Atrium Toronto Inc.
Matthew Schuman
City of Toronto
Adam Ward Mark Crawford (in absentia)
The Hospital for Sick Children (“Sick Kids”)
Brett Davis Isaac Tang (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY T.F. NG ON NOVEMBER 25, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the second Case Management Conference (“CMC”) for the above-noted matter. KS AOB Toronto Inc. and Dundas Atrium Toronto Inc. (“Appellants”) have filed appeals against the City of Toronto’s (“City”) failure to make a decision within the statutory time frames for Applications to permit a 34-storey mixed-use buildingwith respect to properties 595 Bay Street, 304-316 Yonge Street, and 14-40 Dundas Street West. The appeals were pursuant to s. 22(7) and s.34(11) of the Planning Act.
PARTY/PARTICIPANT REQUESTS
2No further Party or Participant requests were received.
DRAFT PROCEDURAL ORDER
3Counsel for the Appellants, Mr. Schuman, informed the Tribunal that the Parties have filed the draft Procedural Order (“PO”) with the Issues List and requested a hearing to be scheduled. All Parties agreed with the request. The Appellants will call three witnesses, the City will call no more than three witnesses, and Sick Kids will call one witness.
4The Tribunal noted that the City’s issue no. 2 on the Provincial Planning Statement 2024, will need to be further scoped and particularized. The PO with the deadlines filled in, is to be forwarded to the case coordinator within two weeks, that is by December 9, 2024.
MEDIATION
5The Parties will continue discussions to resolve the appeal and will be open to mediation.
DISPOSITION
6The Tribunal will schedule a Video Hearing for the Parties.
CASE MANAGEMENT CONFERENCE
7The Hearing is scheduled for five days to proceed by Video Hearing on Monday, June 9, 2025 to Friday, June 13, 2025 at 10 a.m.
8Parties and Participants are asked to log in to the Video Hearing at least 15 minutes before the start of the event to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/914098901
Access Code: 914-098-901
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 GoToMeeting, 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: (Toll Free) 1 (888) 299-1889 or 1 (647) 497-9373. The access code is as indicated above.
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 hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing events may be directed to the Tribunal’s Case Coordinator having carriage of this Case.
ORDER
12THE TRIBUNAL ORDERS THAT:
The Hearing will commence at 10 a.m. by Video Hearing on Monday, June 9, 2025.
The Procedural Order with the Issues List be forwarded to the Case Coordinator by December 9, 2024.
13There is no further notice and the Member is not seized.
“T.F. Ng”
T.F. NG
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.