Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 12, 2024
CASE NO(S).: OLT-24-000095
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: KS AOB Toronto Inc. & Dundas Atrium Toronto Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit a 34-storey mixed use building
Reference Number: 21 235326 STE 11 OZ
Property Address: 595 Bay Street, 304-316 Yonge Street and 14-40 Dundas Street West
Municipality/UT: Toronto
OLT Case No.: OLT-24-000095
OLT Lead Case No.: OLT-24-000095
OLT Case Name: KS AOB Toronto Inc. & Dundas Atrium Toronto Inc. v. Toronto
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: KS AOB Toronto Inc. & Dundas Atrium Toronto Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit 34 storey mixed-use building
Reference Number: 21 235326 STE 11 OZ
Property Address: 595 Bay Street, 304-316 Yonge Street and 14-40 Dundas Street West
Municipality/UT: Toronto
OLT Case No.: OLT-24-000096
OLT Lead Case No.: OLT-24-000095
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: KS AOB Toronto Inc. & Dundas Atrium Toronto Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit 34 storey mixed-use building
Reference Number: 21 235326 STE 11 OZ
Property Address: 595 Bay Street, 304-316 Yonge Street and 14-40 Dundas Street West
Municipality/UT: Toronto
OLT Case No.: OLT-24-000097
OLT Lead Case No.: OLT-24-000095
Heard: April 10, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel
KS AOB Toronto Inc. Dundas Atrium Toronto Inc.
Matthew Schuman
City of Toronto The Hospital for Sick Children
Adam Ward Mark Crawford (in absentia) Katie Butler Isaac Tang (in absentia) Brett Davis (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY T.F. NG ON APRIL 10, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) for the above-noted matter. KS AOB Toronto Inc. and Dundas Atrium Toronto Inc. (“Appellants”) have filed appeals against the City of Toronto’s (“City”) failure to make a decision within the statutory time frames for applications to permit a 34-storey mixed-use buildingwith respect to properties 595 Bay Street, 304-316 Yonge Street and 14-40 Dundas Street West (“said property”). The appeals were pursuant to s. 22(7) and s.34(11) of the Planning Act.
2The Affidavit of Service on file was marked as Exhibit 1.
PARTY/PARTICIPANT REQUESTS
3There were two Participant and one Party Status requests received. The Tribunal granted Party status to The Hospital for Sick Children by consent. Participant status was granted to 20 Edward Street (TSCC 2920) and to 633 Bay Street (MTCC 723), without objections.
DRAFT PROCEDURAL ORDER
4Counsel for the Appellants, Mr. Schuman informed the Tribunal that Parties have yet to file the draft Procedural Order (“PO”) and requested a second CMC to be scheduled. All parties agreed with the request.
5The Tribunal will schedule a second CMC for the Parties to file the PO and the Issues for the appeal.
MEDIATION
6The Parties will be in discussions while being open to mediation.
DISPOSITION
7The Tribunal will schedule a CMC for Parties to update the Tribunal on the status of the Appeal.
8The Tribunal directs that the draft PO and Issues list be forwarded to the Case Coordinator by August 20, 2024.
CASE MANAGEMENT CONFERENCE
9The CMC is scheduled to proceed by video on Tuesday, September 3, 2024 at 10 a.m.
10Parties 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:
https://global.gotomeeting.com/join/927921077
Access Code: 927-921-077
11Parties 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
12Persons 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: (Toll Free) 1 (888) 299-1889 or (647) 497-9391. The access code is as indicated above.
13Individuals 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 CMC by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing events may be directed to the Tribunal’s Case Coordinator having carriage of this Case.
ORDER
14The Tribunal Orders that:
Party status is granted to The Hospital for Sick Children.
Participant status is granted to 20 Edward Street (TSCC 2920) and to 633 Bay Street (MTCC 723).
the Draft Procedural Order and Issues List be filed by August 20, 2024.
a Case Management Conference (CMC) will commence at 10 a.m. by video on Tuesday, September 3, 2024.
Parties are to update Tribunal on status of appeal at the next CMC.
15There is no further notice and the Member is not seized.
“T.F. Ng”
T.F. NG
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.