Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 19, 2024
CASE NO(S).: OLT-22-002812
PROCEEDING COMMENCED UNDER section 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Tilzen Holdings Limited
Subject: Request to amend the Official Plan – Refusal of request
Description: To permit the construction of an 11-storey mixed use building with retail on the ground floor
Reference Number: 17 264567 NNY 23 OZ
Property Address: 145 Sheppard Avenue East
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-22-002812
Legacy Case No: PL180688
OLT Lead Case No.: OLT-22-002812
Legacy Lead Case No: PL180688
OLT Case Name: Tilzen Holdings Limited v. Toronto (City)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Tilzen Holdings Limited
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the construction of an 11-storey mixed use building with retail on the ground floor
Reference Number: 17 264567 NNY 23 OZ
Property Address: 145 Sheppard Avenue East
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-22-003741
Legacy Case No: PL180307
OLT Lead Case No.: OLT-22-002812
Legacy Lead Case No: PL180688
PROCEEDING COMMENCED UNDER section 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A.
Appellant: Tilzen Holdings Limited
Subject: Site Plan
Description: To permit the construction of an 11-storey mixed use building with retail on the ground floor
Reference Number: 17 264570 NNY 23 SA
Property Address: 145 Sheppard Avenue East
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-22-003739
Legacy Case No: MM180036
OLT Lead Case No.: OLT-22-002812
Legacy Lead Case No: PL180688
Heard: March 6, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel
Tilzen Holdings Limited
M. Cara
D. Artenosi (in absentia)
City of Toronto
M. Crawford
Jiljan Inc. and Romby Investments
A. Platt
Limited
MEMORANDUM OF ORAL DECISION DELIVERED BY P. TOMILIN ON MARCH 6, 2024 AND ORDER OF THE TRIBUNAL
1This was the third Case Management Conference (“CMC”) in the appeal by Tilzen Holdings Limited (“Applicant/Appellant”) of the refusal by the City of Toronto of an Official Plan Amendment (“OPA”), pursuant to ss. 22 (7), and 34(11) of the Planning Act (“Act”), and s. 114(15) of the City of Toronto Act.
2The Appellant is seeking to permit the construction of an 11-storey mixed use building with retail on the ground floor and an underground parking garage for the property municipally known as 145 Sheppard Avenue East (“subject property” / “site”).
STATUS REQUEST
3Jiljan Inc. and Romby Investments Limited (“Jiljan and Romby”) are owners of adjacent lands and requested Party status at the CMC. They are hopeful that their issues will be resolved prior to the Hearing; however, if Parties are unable to come to a resolution, Jiljan and Romby intend to call one or two expert witnesses. On consent of the statutory Parties, the Tribunal granted Party status to:
- Jiljan and Romby.
DRAFT PROCEDURAL ORDER, ISSUES LIST AND HEARING DATES
4Prior to the CMC, Parties provided a draft Procedural Order (“PO”) and Issues List (“IL”) to the Tribunal. At the CMC, Parties requested an additional two weeks to refine the PO and IL.
5Parties are directed to provide a final version of the PO and IL to the Tribunal on or before Wednesday, March 20, 2024.
6Parties requested a five-day Hearing commencing in January of 2025. Each Party intends to call one or two expert witnesses in the area of Land Use Planning and/or Urban Design.
7A five-day Hearing will be held and is scheduled to commence by video on Monday, January 20, 2025, at 10 a.m.
8Parties and Participants 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:
GoTo Meeting: https://global.gotomeeting.com/join/638422541
Access code: 638-422-541
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: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889. The access code is the same as the access code noted 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 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
12The Tribunal Orders the above directives.
13This Member is not seized.
14There will be no further notice.
“P. Tomilin”
p. tomilin
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.