Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 03, 2024
CASE NO(S).: OLT-24-000003
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 280 Viewmount Limited Partnership
Subject: Application to amend the Zoning By-law – Failure of Approval Authority to make a decision
Description: To permit a 33-storey mixed use residential building
Reference Number: 22 241838 NNY 08 OZ
Property Address: 278 & 280 Viewmount Avenue
Municipality/UT: City of Toronto
OLT Case No.: OLT-24-000003
OLT Case Name: 280 Viewmount Limited Partnership v. Toronto (City)
Heard: March 27, 2024 by video hearing
APPEARANCES:
Parties
Counsel
280 Viewmount Limited Partnership
Joe Hoffman
City of Toronto
Matthew Longo
Jamie Dexter
Maria and Luis de Leo and Eduarda Matias
William Friedman
Victor Wong
MEMORANDUM OF ORAL DECISION DELIVERED BY Hugh S. Wilkins ON MARCH 27, 2024 AND ORDER OF THE TRIBUNAL
1On March 27, 2024, the Tribunal held the first Case Management Conference (“CMC”) for the appeal brought by 280 Viewmount Limited Partnership (“Appellant”) regarding the failure of the City of Toronto (“City”) to make a decision on the Appellant’s application for a zoning by-law amendment relating to the lands located at 278 and 280 Viewmount Avenue (“subject lands”). The Appellant seeks the Zoning By-law Amendment in order to facilitate a 33-storey mixed-use development on the subject lands.
2At the CMC, the Tribunal addressed two requests for Party status, the identification of issues to be adjudicated, the preparation of a draft Procedural Order and Issues List, the scheduling of a further CMC, and opportunities for settlement discussions.
Requests for Party Status
3Maria and Luis de Leo and Eduarda Matias requested Party status in this proceeding. The de Leos own the property located at 272 Viewmount Avenue and Mr. and Ms. Matias owns the property located at 274 Viewmount Avenue, which abuts the subject lands. They each seek to raise issues regarding setbacks, privacy, overlook, and shadowing. Neither the City nor the Appellant opposed their requests for status, and the Tribunal granted them each Party status as requested.
Identification of Issues, Preparation of a Draft Procedural Order and Issues List, and Scheduling of a Further CMC
4At the CMC, the City stated that it has not yet received instructions from City Council regarding the City’s position on the appeal and what, if any, issues it would be raising. The City stated that it expects to receive instructions in April. The Parties stated that the issues would likely include planning, urban design, transportation, and possibly servicing issues and that a total of six to 11 witnesses would be called. They requested that the Tribunal schedule a two-week hearing and suggested that a draft Procedural Order and Issues List could be filed with the Tribunal in May.
5Given that the issues and number witnesses to be called at a hearing have not yet been finalized, the Tribunal found that it is not possible to determine the appropriate amount of time that would be needed for the hearing. The Tribunal scheduled a further CMC for Thursday, May 9, 2024 at which a draft Procedural Order and Issues List will be finalized, the amount of time needed for a hearing can be determined, and hearing dates can be set.
6The Tribunal requests that the Parties work together and file a draft Procedural Order and Issues List with the Tribunal by Tuesday, May 7, 2024 to be considered at the next CMC.
7The next CMC will be held on Thursday, May 9, 2024 at 10 a.m. by video hearing.
8Parties are asked to log in to the CMC at least 15 minutes before the start of the event to test their video and audio connections:
GoToMeeting: https://global.gotomeeting.com/join/765631861
Access Code: 765-631-861
9Parties 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 in to an audio-only telephone line: +1 (647) 497-9391 or Toll-Free 1-888-455-1389. 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 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.
Opportunities for Settlement Discussions
12The Parties stated that they have engaged in some settlement discussions and they expressed interest in engaging in further discussions. They stated that it is premature to determine whether Tribunal-assisted mediation will be needed. The Tribunal encourages the Parties to continue discussions in an effort to narrow or resolve all of the issues in dispute.
ORDER
13THE TRIBUNAL ORDERS that Maria and Luis de Leo and Eduarda Matias are Parties in this proceeding.
14There will be no further notice.
15This Member is not seized.
"Hugh S. Wilkins"
HUGH S. WILKINS
VICE-CHAIR
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.