Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 01, 2024
CASE NO(S).: OLT-23-000374 OLT-23-001314
PROCEEDING COMMENCED UNDER section 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Carlyle Investments Inc. Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To permit the construction of a forty-nine-storey residential building Reference Number: 22 203333 STE 13 OZ Property Address: 33-37 Maitland Street Municipality/UT: Toronto/Toronto OLT Case No.: OLT-23-000374 OLT Lead Case No.: OLT-23-000374 OLT Case Name: Carlyle Investments Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Carlyle Investments Inc. Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit the construction of a forty-nine-storey residential building Reference Number: 22 203333 STE 13 OZ Property Address: 33-37 Maitland Street Municipality/UT: Toronto/Toronto OLT Case No.: OLT-23-000375 OLT Lead Case No.: OLT-23-000374
PROCEEDING COMMENCED UNDER section 114(15) of the City of Toronto Act, 2006, S. O. 2006, c. 11 Sched A
Applicant/Appellant: Carlyle Investments Inc. Subject: City of Toronto Site Plan Approval Description: To permit the construction of a forty-nine-storey residential building Reference Number: 22 203332 STE 13 SA Property Address: 33-37 Maitland Street Municipality/UT: Toronto/Toronto OLT Case No.: OLT-23-000376 OLT Lead Case No.: OLT-23-000374
PROCEEDING COMMENCED UNDER section 29(11) of the Ontario Heritage Act, R.S.O. 1990, c. O.18
Appellant: Carlyle Investments Inc. Subject: Heritage by-law to designate subject property Description: To designate the property as a property of cultural heritage value or interest Reference Number: By-law 1120-2023 Property Address: 33-37 Maitland Street Municipality/UT: Toronto/Toronto OLT Case No.: OLT-23-001314 OLT Lead Case No.: OLT-23-001314 OLT Case Name: Carlyle Investments Inc. v. Toronto (City)
Heard: February 27, 2024 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Carlyle Investments Inc. | Daniel Artenosi Michael Cara (in absentia) |
| City of Toronto | Amanda Hill Jason Davidson (in absentia) |
| Greenrock Investments Limited and The Second Greenrock Corporation | Maggie Bassani Alexander Suriano (in absentia) |
MEMORANDUM OF ORAL DECISION DELIVERED BY BITA M. RAJAEE ON FEBRUARY 27, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1On February 27, 2024, two Case Management Conferences (“CMC”) were heard.
2The third Case Management Conference (“Third CMC”) before the Tribunal took place with respect to appeals under sections 22(7) and 34(11) of the Planning Act (“OPA / ZBA Appeals”) by Carlyle Investments Inc. (“Applicant”) resulting from the failure of the City of Toronto (“City”) to make a decision within the statutory timeframe on applications for an Official Plan Amendment (“OPA”) and a Zoning By-law Amendment (“ZBA”) pertaining to lands municipally known as 33-37 Maitland Street, in Toronto (“Subject Property”). The purpose of the OPA and ZBA is to allow for a 49-storey residential building on the Subject Property.
3The Applicant has also submitted an appeal pursuant to s. 114(15) of the City of Toronto Act, 2006 seeking Site Plan Approval. However, that appeal was not before the Tribunal at the CMC. The OPA / ZBA Appeals are to be addressed prior to the Site Plan Appeal being considered. Of note, while the OPA / ZBA Appeals are administratively consolidated with the Site Plan Appeal, they are not consolidated for the purpose of the Hearing or adjudicating the issues. As such, the Parties to the Site Plan Appeal are the Applicant and the City only.
4The first CMC before the Tribunal also took place with respect to an appeal by the Applicant pursuant to section 29(11) of the Ontario Heritage Act (“OHA Appeal”), who is appealing Designation By-law 1120-2023, enacted by City Council on November 8 and 9, 2023, with respect to the dwellings currently located on the Subject Property.
PREVIOUS CMCS FOR THE OPA / ZBA APPEALS
5The first CMC took place on August 10, 2023 (“First CMC”), wherein it was confirmed that adequate Notice for this matter had been provided and no further Notice was required. Moreover, at the First CMC, Greenrock Investment Limited and The Second Greenrock Corporation were granted Party status as one entity (“Greenrock”) in the OPA / ZBA Appeals.
6A second CMC took place on December 5, 2023 (“Second CMC”), wherein a 15-day Merit Hearing was scheduled to take place by Video Hearing, commencing at 10 a.m. on Monday, November 4, 2024, continuing to Wednesday, November 27, 2024, and excluding November 11, 18, and 19, 2024. The particulars of that Merit Hearing are contained in the Decision with respect to the Second CMC, dated January 5, 2024.
OHA APPEAL
7The OHA Appeal now before the Tribunal is titled OLT-23-001314. At the Second CMC, the Parties had explained that they had a disagreement with respect to the relationship between the OPA / ZBA Appeals and the OHA Appeal. The City’s position was that the Applicant’s OPA / ZBA Appeals could only proceed after the OHA Appeal was resolved. The Applicant’s position was that the OPA / ZBA Appeals could proceed independently of or simultaneously with the OHA Appeal. This is a legal question, which may require a motion to be addressed.
8At the Third CMC, the Parties maintained that for now, the OHA Appeal should remain separate and distinct from the OPA / ZBA Appeals. Moreover, they explained that they were engaged in discussions with the hope of resolving the OHA Appeal. However, they requested that a second CMC be scheduled for the OHA Appeal, by which time they could update the Tribunal on the status of a potential agreement or request that procedural matters be addressed.
FOURTH CMC (OPA / ZBA APPEALS) AND SECOND CMC (OHA APPEAL)
9The Parties explained that, since the relationship between the OHA Appeal and the OPA / ZBA Appeals remains unclear, a fourth CMC for the OPA / ZBA Appeals be scheduled to take place on the same day as the second CMC for the OHA Appeal.
10The Tribunal, after hearing submission from Counsel to all three Parties found this to be an appropriate course of action in the circumstances, and agreed to organize the upcoming steps in this proceeding as requested. Another CMC has been scheduled to take place on Monday, March 25, 2024 (“Next CMC”), with details provided below.
11If the Parties are able to reach an agreement in the OHA Appeal, they can then update the Tribunal on the status of the OPA / ZBA Appeals and potentially provide an updated PO and IL. If the Parties are unable to resolve the OHA Appeal, procedural matters relating to that OHA Appeal can be addressed. Namely, if a motion is required, it can be scheduled on that date.
12Additionally, the City’s Counsel explained that the Applicant may be required to submit a Demolition Alteration Application (“DAA Application”), which may lead to another appeal that would need to be addressed by the Tribunal (“DAA Appeal”). Both the City and the Applicant explained that they would be able to update the Tribunal on this potential DAA Appeal at the Next CMC. The Tribunal inquired into the impact of this new potential DAA Appeal on the timing of the Merit Hearing, currently scheduled to commence on Monday, November 4, 2024. The City’s Counsel indicated that she was concerned regarding this timing. The Applicant’s Counsel, however, stated that the Applicant would submit the DAA Application imminently, subsequent to the result of the discussions pertaining to the OHA Appeal. Once the DAA Application was submitted, the City would be required to respond within 90 days, which would still provide sufficient time in advance of a November 4, 2024 Merit Hearing start date. Moreover, the Applicant’s Counsel confirmed that any issues arising from a potential DAA Appeal would not add to the length of the currently scheduled Merit Hearing (15 days).
13The Parties were directed to update the Tribunal at their earliest convenience, and by the Next CMC, on the status of this new potential DAA Appeal and any impact it may have on the currently scheduled Merit Hearing.
14Additionally, due to the uncertainty surrounding the OHA Appeal and the potential DAA Appeal, the Parties advised that they may be unable to provide a finalized IL prior to the Next CMC. The Tribunal directed that a status update be provided to the Tribunal’s Case Coordinator by Monday, March 18, 2024, and that the Parties should endeavour to finalize the IL as far in advance of the Merit Hearing as possible.
DETAILS OF THE NEXT CMC
15The second CMC for the OHA Appeal is scheduled to take place by Video Hearing on Monday, March 25, 2024 at 10 a.m. On the same date and time, the fourth CMC for the OPA / ZBA Appeal is scheduled to take place.
16On that date, the Parties are to use the following coordinates:
Monday, March 25, 2024, at 10 a.m. (One-day CMC Hearing)
GoToMeeting: https://global.gotomeeting.com/join/660145013
Access code: 660-145-013
Audio-only line: (Toll-Free) 1-888-299-1889 or +1 (647) 497-9373
Audio-only access code: 660-145-013
17Parties are asked to log into the Video Hearing at least 15 minutes before the start of the event to test their video and audio connections.
18Parties 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
19Persons 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. The details to call into the event are noted above in paragraph [16].
20Individuals 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 event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
21The TRIBUNAL ORDERS as follows:
a. With respect to the appeals pursuant to sections 22(7) and 34(11) of the Planning Act (OLT-23-00374 and OLT-23-000375), a fourth Case Management Conference is scheduled to take place by Video Hearing on Monday, March 25, 2024.
b. With respect to the appeal pursuant to section 29(11) of the Ontario Heritage Act (OLT-23-001314), a second Case Management Conference is scheduled to take place by Video Hearing on Monday, March 25, 2024.
c. With respect to the appeals referred to in paragraphs [21a] and [21b] above, the Parties are to provide a Procedural Order and Issues List, or a status update, to the Case Coordinator by Monday, March 18, 2024.
22The Member is not seized but may be contacted through the Case Coordinator should procedural issues arise.
“Bita M. Rajaee”
BITA M. RAJAEE
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.