Bandet v. Toronto (City), 2024 CanLII 16965

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE:

February 28, 2024

CASE NO(S).:

OLT-22-002749

(Formerly MM170097)

PROCEEDING COMMENCED UNDER section 41(4) of the Ontario Heritage Act, R.S.O. 1990, c. O.21.

Appellant:

1107051 Ontario Ltd.

Appellant:

1572653 Ontario Inc.

Appellant:

1758173 Ontario Ltd.

Appellant:

19 Duncan Property Inc.; and others

Subject:

Heritage Conservation District Plan

Description:

To designate the King-Spadina Heritage Conservation District and to adopt the King-Spadina Heritage Conservation District Plan

Reference Number:

By-Law 1111-2017

Property Address:

All lands subject to By-law No. 1111-2017

Municipality/UT:

Toronto/Toronto

OLT Case No.:

OLT-22-002749

Legacy Case No.:

MM170097

OLT Lead Case No.:

OLT-22-002749

Legacy Lead Case No.:

MM170097

OLT Case Name:

Bandet v. Toronto (City)

Heard:

January 22, 25 and 30, 2024 by Video Hearing

APPEARANCES:

Parties

Counsel

City of Toronto

C. Barnett M. Longo D. Elmadany

Perfect Leather Goods Ltd. (“Appeal 4”)

W. Giaouris

Allied Properties REIT (“Appeal 13”) Capitol Building Properties Inc. (“Appeals 14 and 63”) Hullmark Developments Inc. (“Appeal 15”) S. Stashin and Sons Limited and its subsidiaries 1027285 Ontario Limited, 1349458 Ontario Limited, 20 Maud Street Investments Inc., and 487 Adelaide Inc. (“Appeals 17 and 65”) HM RB (147 Spadina) Ltd. (“Appeal 27”) 445 Adelaide Street West Inc. (“Appeal 54”) Wellington House Inc. (“Appeal 55”) Lamb Development Corp. (“Appeal 56”) 296 Richmond Street West Limited (“Appeal 66”)

E. Costello N. Mares M. Barrett (in absentia)

355 Adelaide Nominee Inc. (“Appeal 33A”)

A. Frank J. Park (in absentia)

149-157 Bathurst Street Inc. (“Appeal 59”)

R. Gill C. Jordan A. Benedetti (in absentia)

1758173 Ontario Ltd. (“Appeal 75”)

A. Margaritis J. Alati N. Koschany (student-at-law)

MEMORANDUM OF ORAL DECISION DELIVERED BY S. TOUSAW ON JANUARY 30, 2024 AND ORDER OF THE TRIBUNAL

Link to Order

1On the settlement of the Parties, the Tribunal, under s. 41(7) and s. 41.1(4) of the Ontario Heritage Act (“OHA”), approves the designation of the King-Spadina Heritage Conservation District (“HCD”) in the City of Toronto (“City”) and approves the King-Spadina HCD Plan (“Plan”), inclusive of the numerous modifications that result in the resolution of all appeals.

2Some 81 appeals were filed, many of which were resolved previously by City-endorsed modifications to the Plan, and now consolidated into the approved Plan attached to this Decision.

3This hearing was scheduled to address the remaining appeals identified under “Appearances” above. At the outset of this scheduled four-week hearing, the Parties requested time to pursue possible settlements that were under discussion. Their combined efforts over the course of a few days resulted in full settlements that were presented to the Tribunal on January 30, 2024.

4The Tribunal’s Decision relies on the uncontested heritage and planning evidence presented in support of the settlements. The Tribunal qualified Pourya Nazemi, an experienced heritage planner with the City, to provide opinion evidence in heritage conservation, heritage policy and heritage planning. Mr. Nazemi provided a thorough overview of the purpose and effect of the Plan, including the many modifications to the Plan’s policies and guidelines that resolve the appeals. Mr. Nazemi opined that the HCD and the Plan satisfy all of the statutory heritage conservation requirements under the OHA and the Planning Act (“Act”).

5The Tribunal was also in receipt of the written affidavit of Joanna Kimont, Registered Professional Planner with the City, whom the Tribunal hereby qualifies to provide opinion evidence in land use planning. Ms. Kimont adds to Mr. Nazemi’s evidence by opining, from a land use planning perspective, that the HCD and the Plan satisfy all requirements of the Act and represent good planning.

6Based on the uncontested opinion evidence in support of the final HCD and Plan, as confirmed through the settlements of the Parties, the Tribunal summarizes its findings below.

7Since 2017, the City adopted several modifications to the Plan to clarify its intentions and to address settlements, including substantial modifications in November 2023. The City seeks the Tribunal’s approval of the Plan as modified, along with additional modifications arising from the settlements achieved during this hearing.

8The HCD covers a 45-hectare area containing numerous blocks in the City, centred around the intersection of King Street West and Spadina Avenue, as illustrated in Attachment A to this Decision. The associated Plan, with its detailed explanatory text, policies and guidelines, addresses how the HCD’s heritage values and attributes will be conserved. The heritage attributes focus on: the built form of residential and commercial/industrial buildings; the public realm, including three public parks; and the network of laneways.

9Central to the Plan is the retention, re-use and intensification of properties within the HCD for residential and employment uses while retaining the area’s heritage character. The Plan differentiates between a “contributing property” that supports the heritage values and attributes, and a “non-contributing property” that does not support the heritage values and attributes. Appendices C and D to the Plan have been updated to reflect current conditions accurately.

10Policies and guidelines are included to address: the differences between public and private laneways; the three public parks and adjacent lands; and minor alterations for which no heritage permit is required. The inclusion of Heritage Impact Assessments was added to several sections of the Plan to ensure the sufficient conservation of heritage attributes when designing building additions or new developments. Ms. Kimont emphasizes that the Plan does not regulate the height and density of development.

11On the uncontested evidence of the qualified witnesses, the Tribunal finds that the HCD and the Plan:

• satisfy the OHA’s requirements, including identifying the cultural heritage values and attributes, listing the objectives, and articulating policies and procedures for conserving heritage;

• have regard for s. 2 of the Act, including subsections:

(d) the conservation of features of significant architectural, cultural, historical, archaeological or scientific interest;

(r) the promotion of built form that … (ii) encourages a sense of place;

• are consistent with the Provincial Policy Statement, 2020, including policies:

1.1.2 … accommodate an appropriate range and mix of land uses to meet projected needs …

1.7.1 e) encouraging a sense of place, by promoting well-designed built form and cultural planning, and by conserving features that help define character, including built heritage resources and cultural heritage landscapes;

2.6.1 Significant built heritage resources and significant cultural heritage landscapes shall be conserved.

• conform with A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020, including sections:

1.2.1 Guiding Principles … Conserve and promote cultural heritage resources to support the social, economic, and cultural well-being of all communities, including First Nations and Métis communities.

4.2.7.1 Cultural heritage resources will be conserved in order to foster a sense of place and benefit communities, particularly in strategic growth areas.

• conform with the Toronto Official Plan, including policies:

3.1.6.3 Heritage properties of cultural heritage value or interest properties, including Heritage Conservation Districts and archaeological sites that are publicly known will be protected by being designated under the Ontario Heritage Act and/or included on the Heritage Register.

3.1.6.22 Heritage Impact Assessment will address all applicable heritage conservation policies of the Official Plan and the assessment will demonstrate conservation options and mitigation measures consistent with those policies. A Heritage Impact Assessment shall be considered when determining how a heritage property is to be conserved.

• conform with the Downtown Plan, including policy:

3.3. New buildings will fit within their existing and planned context, conserve heritage attributes, expand and improve the public realm …

• conform with the King-Spadina Secondary Plan, including policy:

3.1.3 Conserve cultural heritage resources to enhance the heritage character of the Area.

• and thus, constitute good planning in the public interest.

12Having considered the related decisions of City Council contained in the Exhibits, and having found that the HCD and the Plan satisfy all legislative requirements, the Tribunal endorses the modifications which resolve all appeals, and approves the HCD and the Plan as attached to this Decision and subject to the Order below.

ORDER

13The Tribunal Orders that:

1. Pursuant to subsections 41(7) of the Ontario Heritage Act, the appeals are allowed in part, and the area outlined by the heavy lines shown on the map attached as Attachment A to this Order (“Attachment A”) and comprising the properties listed in Attachment B to this Order (“Attachment B”) is designated as a heritage conservation district under Part V of the Ontario Heritage Act, to be known as the King-Spadina Heritage Conservation District and is in effect as of the date of this Order.

2. Pursuant to subsections 41.1(4) and 41(7) of the Ontario Heritage Act, the appeals are allowed in part, the King-Spadina Heritage Conservation District Plan included as Attachment C to this Order (“Attachment C”) shall be the Heritage Conservation District Plan for the King-Spadina Heritage Conservation District and is in effect as of the date of this Order.

3. Despite Order 2 above, pursuant to subsections 41.1(4) and 41(7) of the Ontario Heritage Act and Rules 24.2 and 24.3 of the Tribunal’s Rules of Practice and Procedure, the City may seek one administrative amendment to Appendix “F” contained in Attachment C, within six months of the date of this Order, to update the approved development applications identified in Appendix “F” contained in Attachment C and any such amended Order will be effective on the date of this Decision and Order.

4. The remaining appeals of By-law 1111-2017, as amended by By-law 1241-2017 and this Order, are hereby dismissed.

5. The City Clerk is authorized to format the amendments to By-law 1111-2017, as amended by By-law 1241-2017, in accordance with Attachments A, B and C, as may be necessary for record keeping purposes, notice to the Ontario Heritage Trust and registration purposes.

6. The City Clerk and the City Solicitor are authorized to cause a copy of the approval of By-law 1111-2017, as amended by By-law 1241-2017 and by this Order, to be registered against title to the properties listed in Attachment B in the proper Land Registry Office and the City Clerk is authorized to cause notice of the approval of By-law 1111-2017, as amended by By-law 1241-2017 and by this Order to be served upon the Ontario Heritage Trust.

“S. Tousaw”

S. tousaw

VICE CHAIR

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 KING-SPADINA HERITAGE CONSERVATION DISTRICT

ATTACHMENT B:

LIST OF PROPERTIES IN THE KING-SPADINA

HERITAGE CONSERVATION DISTRICT

1 Adelaide Place 3 Adelaide Place 5 Adelaide Place 7 Adelaide Place 9 Adelaide Place 11 Adelaide Place 200 Adelaide Street West 208 Adelaide Street West 212 Adelaide Street West 214 Adelaide Street West 216 Adelaide Street West 217 Adelaide Street West 218 Adelaide Street West 224 Adelaide Street West 230 Adelaide Street West 236 Adelaide Street West 240 Adelaide Street West 244 Adelaide Street West 250 Adelaide Street West 254 Adelaide Street West 257 Adelaide Street West 260 Adelaide Street West 263 Adelaide Street West 266 Adelaide Street West 268 Adelaide Street West 270 Adelaide Street West 280 Adelaide Street West 283 Adelaide Street West 295 Adelaide Street West 302 Adelaide Street West 304 Adelaide Street West 306 Adelaide Street West 308 Adelaide Street West 312 Adelaide Street West 313 Adelaide Street West 317 Adelaide Street West 322 Adelaide Street West 326 Adelaide Street West 328 Adelaide Street West 331 Adelaide Street West 342 Adelaide Street West 345 Adelaide Street West 348 Adelaide Street West 350 Adelaide Street West 352 Adelaide Street West 353 Adelaide Street West 354 Adelaide Street West 355 Adelaide Street West 358 Adelaide Street West 363 Adelaide Street West 364 Adelaide Street West 366 Adelaide Street West 379 Adelaide Street West 380 Adelaide Street West 383 Adelaide Street West 384 Adelaide Street West 387 Adelaide Street West 399 Adelaide Street West 410 Adelaide Street West 422 Adelaide Street West 424 Adelaide Street West 425 Adelaide Street West 426 Adelaide Street West 428 Adelaide Street West 430 Adelaide Street West 432 Adelaide Street West 434 Adelaide Street West 438 Adelaide Street West 440 Adelaide Street West 443 Adelaide Street West 444 Adelaide Street West 445 Adelaide Street West 447 Adelaide Street West 449 Adelaide Street West 450 Adelaide Street West 451 Adelaide Street West 453 Adelaide Street West 461 Adelaide Street West 480 Adelaide Street West 487 Adelaide Street West 490 Adelaide Street West 495 Adelaide Street West 497 Adelaide Street West 499 Adelaide Street West 501 Adelaide Street West 502 Adelaide Street West 504 Adelaide Street West 505 Adelaide Street West 506 Adelaide Street West 507 Adelaide Street West 508 Adelaide Street West 509 Adelaide Street West 510 Adelaide Street West 511 Adelaide Street West 512 Adelaide Street West 514 Adelaide Street West 525 Adelaide Street West 530 Adelaide Street West 552 Adelaide Street West 552A Adelaide Street West 552R Adelaide Street West 37 Bathurst Street 47 Bathurst Street 51 Bathurst Street 103 Bathurst Street 125 Bathurst Street 129 Bathurst Street 131 Bathurst Street 133 Bathurst Street 135 Bathurst Street 137 Bathurst Street 139 Bathurst Street 141 Bathurst Street 143 Bathurst Street 145 Bathurst Street 147 Bathurst Street 149 Bathurst Street 151 Bathurst Street 153 Bathurst Street 155 Bathurst Street 157 Bathurst Street 159 Bathurst Street 161 Bathurst Street 12 Brant Street 19 Brant Street 20 Brant Street 25 Brant Street 5 Camden Street 8 Camden Street 11 Camden Street 12 Camden Street 15 Camden Street 18 Camden Street 20 Camden Street 21 Camden Street 23 Camden Street 29 Camden Street 32 Camden Street 35 Camden Street 38 Camden Street 39 Camden Street 42 Camden Street 45 Camden Street 47 Camden Street 49 Camden Street 50 Camden Street 51 Camden Street 8 Charlotte Street 19 Charlotte Street 11 Charlotte Street 36 Charlotte Street 46 Charlotte Street 5 Clarence Square 6 Clarence Square 7 Clarence Square 8 Clarence Square 9 Clarence Square 10 Clarence Square 11 Clarence Square 12 Clarence Square 13 Clarence Square 14 Clarence Square 15 Clarence Square 16 Clarence Square 11 Duncan Street 14 Duncan Street 15 Duncan Street 19 Duncan Street 20 Duncan Street 26 Duncan Street 30 Duncan Street 86 John Street 109 John Street 111 John Street 113 John Street 115 John Street 117 John Street 119 John Street 121 John Street 122 John Street 123 John Street 125 John Street 127 John Street 129 John Street 133 John Street 150 John Street 212 King Street West 214 King Street West 220 King Street West 224 King Street West 260 King Street West 266 King Street West 276 King Street West 284 King Street West 287 King Street West 291 King Street West 293 King Street West 295 King Street West 297 King Street West 299 King Street West 300 King Street West 301 King Street West 305 King Street West 315 King Street West 317 King Street West 319 King Street West 321 King Street West 322 King Street West 325 King Street West 327 King Street West 335 King Street West 343 King Street West 350 King Street West 355 King Street West 357 King Street West 365 King Street West 367 King Street West 369 King Street West 370 King Street West 373 King Street West 383 King Street West 387 King Street West 388 King Street West 389 King Street West 391 King Street West 393 King Street West 400 King Street West 401 King Street West 415 King Street West 431 King Street West 438 King Street West 441 King Street West 445 King Street West 455 King Street West 460 King Street West 461 King Street West 464 King Street West 468 King Street West 469 King Street West 478 King Street West 485 King Street West 489 King Street West 495 King Street West 499 King Street West 500 King Street West 511 King Street West 519 King Street West 521 King Street West 523 King Street West 527 King Street West 529 King Street West 533 King Street West 539 King Street West 540 King Street West 544 King Street West 545 King Street West 548 King Street West 555 King Street West 557 King Street West 560 King Street West 565 King Street West 567 King Street West 569 King Street West 570 King Street West 571 King Street West 573 King Street West 577 King Street West 578 King Street West 579 King Street West 581 King Street West 582 King Street West 583 King Street West 587 King Street West 589 King Street West 595 King Street West 600 King Street West 602 King Street West 603 King Street West 609 King Street West 613 King Street West 615 King Street West 617 King Street West 619 King Street West 620 King Street West 621 King Street West 622A King Street West 624 King Street West 626 King Street West 636 King Street West 642 King Street West 645 King Street West 650 King Street West 662 King Street West 663 King Street West 668 King Street West 20 Maud Street 30 Maud Street 10 Morrison Street 21 Nelson Street 29 Nelson Street 10 Niagara Street 20 Niagara Street 30 Niagara Street 38 Niagara Street 16 Oxley Street 25 Oxley Street 150 Pearl Street 158 Pearl Street 77 Peter Street 81 Peter Street 82 Peter Street 87 Peter Street 92 Peter Street 102 Peter Street 108 Peter Street 111 Peter Street 117 Peter Street 118 Peter Street 120 Peter Street 122 Peter Street 124 Peter Street 126 Peter Street 128 Peter Street 129 Peter Street 134 Peter Street 137 Peter Street 50 Portland Street 66 Portland Street 67 Portland Street 79 Portland Street 83 Portland Street 85 Portland Street 98 Portland Street 100 Portland Street 101 Portland Street 102 Portland Street 104 Portland Street 105 Portland Street 107 Portland Street 109 Portland Street 115 Portland Street 119 Portland Street 120 Portland Street 121 Portland Street 122 Portland Street 123 Portland Street 124 Portland Street 125 Portland Street 126 Portland Street 127 Portland Street 128 Portland Street 130 Portland Street 132 Portland Street 135 Portland Street 137 Portland Street 139 Portland Street 141 Portland Street 143 Portland Street 145 Portland Street 147 Portland Street 156 Portland Street 163 Portland Street 181 Richmond Street West 205 Richmond Street West 218 Richmond Street West 221 Richmond Street West 222 Richmond Street West 224 Richmond Street West 229 Richmond Street West 230 Richmond Street West 240 Richmond Street West 241 Richmond Street West 250 Richmond Street West 259 Richmond Street West 260 Richmond Street West 269 Richmond Street West 275 Richmond Street West 277 Richmond Street West 296 Richmond Street West 300 Richmond Street West 304 Richmond Street West 318 Richmond Street West 324 Richmond Street West 326 Richmond Street West 328 Richmond Street West 332 Richmond Street West 340 Richmond Street West 357 Richmond Street West 359 Richmond Street West 364 Richmond Street West 372 Richmond Street West 388 Richmond Street West 401 Richmond Street West 431 Richmond Street West 435 Richmond Street West 438 Richmond Street West 444 Richmond Street West 445 Richmond Street West 446 Richmond Street West 448 Richmond Street West 450 Richmond Street West 451 Richmond Street West 452 Richmond Street West 457 Richmond Street West 460 Richmond Street West 465 Richmond Street West 471 Richmond Street West 474 Richmond Street West 476 Richmond Street West 477 Richmond Street West 478 Richmond Street West 497 Richmond Street West 500 Richmond Street West 520 Richmond Street West 525 Richmond Street West 530 Richmond Street West 530R Richmond Street West 532 Richmond Street West 533 Richmond Street West 534 Richmond Street West 536 Richmond Street West 538 Richmond Street West 540 Richmond Street West 542 Richmond Street West 544 Richmond Street West 546 Richmond Street West 548 Richmond Street West 552 Richmond Street West 555 Richmond Street West 556 Richmond Street West 579 Richmond Street West 582 Richmond Street West 586 Richmond Street West 589 Richmond Street West 590 Richmond Street West 591 Richmond Street West 592 Richmond Street West 594 Richmond Street West 596 Richmond Street West 598 Richmond Street West 600 Richmond Street West 602 Richmond Street West 604 Richmond Street West 604R Richmond Street West 608 Richmond Street West 610 Richmond Street West 612 Richmond Street West 614 Richmond Street West 616 Richmond Street West 618 Richmond Street West 620 Richmond Street West 100 Simcoe Street 116 Simcoe Street 126 Simcoe Street 142 Simcoe Street 168 Simcoe Street 24 Spadina Avenue 25 Spadina Avenue 38 Spadina Avenue 46 Spadina Avenue 49 Spadina Avenue 55 Spadina Avenue 57 Spadina Avenue 58 Spadina Avenue 64 Spadina Avenue 78 Spadina Avenue 82 Spadina Avenue 96 Spadina Avenue 99 Spadina Avenue 101 Spadina Avenue 105 Spadina Avenue 110 Spadina Avenue 116 Spadina Avenue 117 Spadina Avenue 123 Spadina Avenue 125 Spadina Avenue 126 Spadina Avenue 127 Spadina Avenue 129 Spadina Avenue 139A Spadina Avenue 141 Spadina Avenue 147 Spadina Avenue 161 Spadina Avenue 20 Stewart Street 32 Stewart Street 46 Stewart Street 48 Stewart Street 50 Stewart Street 52 Stewart Street 54 Stewart Street 56 Stewart Street 60 Stewart Street 374 Wellington Street West 376 Wellington Street West 380 Wellington Street West 400 Wellington Street West 420 Wellington Street West 422 Wellington Street West 424 Wellington Street West 432 Wellington Street West 436 Wellington Street West 456 Wellington Street West 462 Wellington Street West 467 Wellington Street West 468 Wellington Street West 474 Wellington Street West 482 Wellington Street West 485 Wellington Street West 488 Wellington Street West 489 Wellington Street West 500 Wellington Street West 504 Wellington Street West 508 Wellington Street West 517 Wellington Street West 518 Wellington Street West 520 Wellington Street West 535 Wellington Street West 8 Widmer Street 10 Widmer Street 11 Widmer Street 12 Widmer Street 14 Widmer Street 16 Widmer Street 18 Widmer Street 20 Widmer Street 21 Widmer Street 30 Widmer Street 40 Widmer Street 42 Widmer Street 44 Widmer Street 46 Widmer Street 48 Widmer Street 50 Widmer Street 52 Widmer Street 54 Widmer Street 56 Widmer Street 58 Widmer Street

ATTACHMENT C: