1094950 Ontario Limited v. Toronto (City), 2024 CanLII 19643

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: March 05, 2024

CASE NO(S).: OLT-23-001250

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: 1094950 Ontario Limited

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description: To permit the redevelopment of the site with a 23-storey mixed-use building

Reference Number: 22 179828 STE 10 OZ

Property Address: 467-479 Wellington Street West and 33 Draper Street

Municipality/UT: Toronto/Toronto

OLT Case No.: OLT-23-001250

OLT Lead Case No.: OLT-23-001250

OLT Case Name: 1094950 Ontario Limited v. Toronto (City)

PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A

Appellant: 1094950 Ontario Limited

Subject: Site Plan

Description: To permit the redevelopment of the site with a 23-storey mixed-use building

Reference Number: 22 179827 STE 10 SA

Property Address: 467-479 Wellington Street West and 33 Draper Street

Municipality/UT: Toronto/Toronto

OLT Case No.: OLT-23-001251

OLT Lead Case No.: OLT-23-001250

Heard: February 06, 2024 by Video Hearing

APPEARANCES:

Parties	Counsel / Representative*
1094950 Ontario Limited	David Bronskill
City of Toronto	Sarah O'Connor Uttra Gautam
Wellington Place Neighbourhood Association	Andrew King*

MEMORANDUM OF ORAL DECISION DELIVERED BY C. I. MOLINARI ON FEBRUARY 6, 2024 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This first Case Management Conference (“CMC”) was held in respect of appeals filed pursuant to s. 34(11) of the Planning Act and s. 114(15) of the City of Toronto Act (collectively “Acts”) by 1094950 Ontario Limited against the City of Toronto (“City”) for its failure to make decisions on Zoning By-law Amendment and Site Plan Control applications (collectively “Applications”) within the timeframe prescribed by the Acts.

2The purpose of the Applications is to facilitate the development of a 23-storey mixed-use building for the properties municipally known as 467-479 Wellington Street West and 33 Draper Street.

NOTICE

3An Affidavit of Service sworn on January 22, 2024, attesting to the giving of notice for this proceeding, was marked as Exhibit 1.

4The Tribunal had previously approved an abridgement of the notice period from 30 days to 25 days.

REQUESTS FOR STATUS

5In advance of the CMC, the Tribunal received requests for Party status from:

• Wellington Place Neighbourhood Association (“WPNA”), represented by Andrew King, citing concerns related to height, setbacks, density and access;
• Roberta Jong, represented by Nelson Wong, citing concerns related to access; and
• Florence Narine, represented by Paul Regan, citing concerns related to height and access.

6The Tribunal explained to the requestors the obligations of a Party and the alternate option of requesting Participant status. Mr. King and Mr. Regan indicated that they were intending to bring a full case before the Tribunal with expert witnesses in support of their positions.

7Mr. Wong indicated that he, as a retired architect, intended to be his own witness representing his wife, Ms. Jong. The Tribunal explained that he would not be able to be both a representative and a witness and that, because of the need for objective and non-partisan evidence, he would not qualify as an expert witness due to his relationship with Ms. Jong.

8With the consent of the Parties, the Tribunal conferred Party status on WPNA.

9With respect to Ms. Jong’s and Ms. Narine’s requests for Party status, Mr. Bronskill noted that their concerns might more appropriately be advanced through WPNA as he was concerned about duplication of efforts and the efficient use of the Tribunal’s time.

10Mr. Wong indicated that he is also a retired land use planner, has diagrams to present to the Tribunal, and, despite Mr. Bronskill’s submissions, continued to request Party status. The Tribunal again explained to Mr. Wong that he cannot present before the Tribunal as an expert witness for his wife and would either have to hire expert witnesses or join with WPNA to have his concerns addressed.

11Mr. Wong then indicated that he would prefer to align with the Draper Street Steering Committee (“DSSC”), which Mr. Regan indicated, is incorporated. Mr. Regan proffered that he was speaking on behalf of DSSC and could have discussions with Mr. Wong in that respect. Mr. Regan undertook to provide DSSC’s Articles of Incorporation and authorization form and to file a new Party Status Request Form in the name of DSSC.

12Mr. Bronskill suggested, and the Tribunal agreed, that, as Mr. Bronskill was intending to request a second CMC, the Party status requests of Ms. Jong and Ms. Narine could be dealt with at that time.

13Also in advance of the CMC, the Tribunal received requests for Participant status from:

• Benjamin Elkin, citing concerns related to the loading space access and building height;
• Craig Kirkham, citing concerns related to height and access; and
• Sanjay Pathak, citing concerns related to height and access.

14Having reviewed the requests, and with consent of the Parties, the Tribunal granted Participant status to Mr. Elkin, Mr. Kirkham and Mr. Pathak.

15The Tribunal advised the Parties to ensure that their witnesses address the Participant concerns in their evidence.

PROCEDURAL ORDER AND ISSUES LIST

16The Tribunal was in receipt of a draft Procedural Order (“PO”) and an outline of an Issues List (“IL”) in advance of the CMC. The Tribunal noted deficiencies in paragraph 21 of the draft PO related to the requirement to file a Joint Document Book with the Case Coordinator at least 10 days ahead of the Hearing, and to provide an electronic copy to the Tribunal, as in paragraph 23 of the PO. Mr. Bronskill advised that the deficiencies were an oversight and would be corrected.

17Ms. O’Connor indicated that she would have instructions from City Council on April 19, 2024 regarding the appeals and would be in a position to provide a draft IL ahead of that date.

18Mr. King indicated that he would be in a position to provide an IL and a list of witnesses by mid-April.

19The Tribunal directed the Parties to submit the draft PO with an IL to the Case Coordinator seven days in advance of the second CMC.

MEDIATION

20The Tribunal advised the Parties of the option of Tribunal-led mediation and to contact the Case Coordinator to determine next steps if the desire for mediation arises.

SECOND CASE MANAGEMENT CONFERENCE

21Mr. Bronskill requested a second CMC in late April or early May of 2024 in order to consider the Party status requests of Ms. Jong and Ms. Narine, to finalize the PO and IL, to determine the length of the Merit Hearing, and to consider any other preliminary matters. Ms. O’Connor and Mr. King were in agreement with Mr. Bronskill’s suggested timing. The Tribunal agreed and determined it prudent to schedule a second CMC at this time.

HEARING DATES

22At the request of the Parties, the Tribunal scheduled a second CMC for Thursday, April 25, 2024 at 10 a.m.

23The second CMC is scheduled to proceed by video as follows:

GoToMeeting: https://global.gotomeeting.com/join/638422541

Access Code: 638-422-541

24Parties 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.

25Parties 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 at: https://app.gotomeeting.com/home.html.

26Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect by calling in to an audio-only telephone line: +1 (647) 497-9373 or Toll-Free 1-888-299-1889. The access code is: 638-422-541.

27Individuals 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 Video Hearing 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

28The Tribunal confers Party status on Wellington Place Neighbourhood Association.

29The Tribunal defers the Party status requests of Roberta Jong and Florence Narine to the second Case Management Conference.

30The Tribunal confers Participant status on Benjamin Elkin, Craig Kirkham and Sanjay Pathak.

31The Tribunal orders that a second Case Management Conference be held on Thursday, April 25, 2024 commencing at 10 a.m. by Video Hearing.

32The Tribunal directs the Parties to submit a draft Procedural Order to the Case Coordinator by Thursday, April 18, 2024.

33No further notice is required.

34The Member is not seized of this matter.

“C.I. Molinari”

C.I. Molinari

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.