Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 10, 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: March 25, 2024 by Video Hearing
APPEARANCES:
Parties Counsel
Carlyle Investments Inc. Daniel Artenosi Michael Cara
City of Toronto Jason Davidson Amanda Hill (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 March 25, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1On March 25, 2024, two Case Management Conferences ("CMC") were conducted.
2The fourth Case Management Conference ("Fourth 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 second CMC ("Second OHA 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
4The 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.
5A 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.
6A third CMC took place on February 27, 2024 ("Third CMC"). The Parties advised that they were in discussions with the hopes of resolving the OHA Appeal. As such, they requested that a fourth CMC be scheduled, wherein procedural matters could be addressed if the Parties had been able to resolve the OHA Appeal. If not, a Motion Hearing could be scheduled to address the issue of whether the two Appeals should be consolidated.
PREVIOUS CMC FOR OHA APPEAL
7The first CMC for the OHA Appeal took place on February 27, 2024, wherein no concerns were raised in respect of the Tribunal-issued Notice. Moreover, the Parties confirmed that they continued to disagree regarding whether the OHA Appeal should be consolidated with the OPA / ZBA Appeal. However, they advised that they were engaged in discussion with the hopes of resolving their disagreement, and would update the Tribunal on this at the next CMC.
FOURTH CMC (OPA / ZBA APPEALS) AND SECOND OHA CMC (OHA APPEAL)
8The Parties explained that they had been unable to reach a resolution regarding the consolidation of the Appeals or the OHA Appeal in its entirety. As such, they requested that a Motion Hearing be scheduled to address the legal question of consolidation. At the Motion Hearing, the Applicant will be seeking an Order that the OPA / ZBA Appeals and the OHA Appeal be consolidated ("Consolidation").
Motion for Consolidation
9The Motion to address the Consolidation is scheduled to take place by Video Hearing on Friday, May 17, 2024, at 10 a.m. at the coordinates indicated below.
10Greenrock's Counsel advised that Greenrock would not take a position on this Motion, but wanted to be kept apprised of the particulars of the Motion.
11On April 3, 2024, the Applicant's Counsel advised the Tribunal that the Parties had agreed to the following timeline with respect to the Motion:
a. April 19, 2024: Motion Record filed by the Applicant;
b. April 29, 2024: Response to the Motion Record filed by the City;
c. May 2, 2024: Reply to the Response filed by the Applicant;
d. May 6 and 7, 2024: Cross-examination of the Affiants;
e. May 16, 2024: Filing of the Book of Authorities by both Parties; and
f. May 17, 2024: Hearing of the Motion.
Procedural Order and Issues List
12With respect to the Procedural Order ("PO") and the Issues List ("IL"), the Applicant's Counsel provided an updated draft to the Tribunal, which contained updated (and finalized, according to the Applicant's Counsel) issues pertaining to the OPA / ZBA Appeals. However, as the Consolidation remains unclear, it could not be finalized. The Parties hope that any remaining procedural issues, such as the PO and IL can also be finalized at the Motion. Despite this, another CMC has been scheduled to address any other procedural issues pertaining to these two Appeals. If all procedural issues are addressed at the Motion, then the other CMC may not be necessary, and the Parties undertook to advise the Tribunal at their earliest convenience if that is the case.
DETAILS OF UPCOMING EVENTS
13On the date of the Motion Hearing, May 17, 2024, the Parties are to use the following coordinates:
Friday, May 17, 2024, at 10 a.m. (One-day Motion Hearing)
GoToMeeting: https://global.gotomeeting.com/join/638422541
Access code: 638-422-541
Audio-only line: +1 (647) 497-9373 or 1-888-299-1889
Audio-only access code: 638-422-541
14On the date of the next CMC, June 26, 2024, the Parties are to use the following coordinates:
Wednesday, June 26, 2024, at 10 a.m. (One-day CMC)
GoToMeeting: https://global.gotomeeting.com/join/709076365
Access code: 709-076-365
Audio-only line: +1 (647) 497-9373 or 1-888-299-1889
Audio-only access code: 709-076-365
15Parties 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. Parties 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
16Persons 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 paragraphs [13] and [14].
17Individuals 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
18The TRIBUNAL ORDERS as follows:
a. A Motion will take place by Video Hearing as set out above in this Decision, to address the issue of whether the Appeals pursuant to sections 22(7) and 34(11) of the Planning Act (OLT-23-00374 and OLT-23-000375) and the Appeal pursuant to section 29(11) of the Ontario Heritage Act (OLT-23-001314) should be consolidated.
b. The next Case Management Conference for these matters is scheduled to take place by Video Hearing as set out above in this Decision.
19The 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.