Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
April 24, 2024
CASE NO(S).:
OLT-23-000319
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant:
Profile (TT) Inc. and Profile Developments Inc.
Subject:
Request to amend the Official Plan – Failure to adopt the requested amendments
Description:
OPA to facilitate development of 53 residential Units in two blocks of four-storey stacked townhouses with ground floor commercial unit
Reference Number:
22 219197 ESC 25 OZ
Property Address
3351 – 3359 Ellesmere Road
Municipality:
City of Toronto
OLT Case No:
OLT-23-000319
OLT Lead Case No.:
OLT-23-000319
OLT Case Name:
Profile (TT) Inc./Profile Developments Inc. v Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
ZBA to facilitate development of 53 residential Units in two blocks of four-storey stacked townhouses with ground floor commercial unit
Reference Number:
22 219197 ESC 25 OZ
Property Address
3351 – 3359 Ellesmere Road
Municipality:
City of Toronto
OLT Case No:
OLT-23-000320
OLT Lead Case No.:
OLT-23-000319
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Subject:
Site Plan
Description:
SPA to facilitate development of 53 residential Units in two blocks of four-storey stacked townhouses with ground floor commercial unit
Reference Number:
22 240955 ESC 25 SA
Property Address
3351 – 3359 Ellesmere Road
Municipality:
City of Toronto
OLT Case No:
OLT-23-000321
OLT Lead Case No.:
OLT-23-000319
Heard:
April 19, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel
Profile (TT) Inc. and Profile Developments Inc.
Chantal deSereville
City of Toronto
Jason Davidson
MEMORANDUM OF ORAL DECISION DELIVERED BY HUGH S. WILKINS ON APRIL 19, 2024 AND ORDER OF THE TRIBUNAL
1On April 19, 2024, the Tribunal held a Case Management Conference (“CMC”) regarding appeals filed by Profile (TT) Inc. and Profile Developments Inc. (“Appellants”) relating to the failure by the City of Toronto (“City”) to make a decision on the Appellants’ application for site plan approval for a proposed residential development at 3351-3359 Ellesmere Road (“subject property”).
2Related Official Plan Amendment and Zoning By-law Amendment appeal proceedings were the subject of a settlement hearing in November 2023 at which the Tribunal orally approved, in principle, revised amendments to the City’s Official Plan and Zoning By-law as they relate to the subject property.
3At the CMC on April 19, 2024, the Parties provided the Tribunal with an update on the status of the site plan approval appeal proceeding. They informed the Tribunal that discussions between the Appellants and the City are ongoing. They stated that the Appellants have filed revised site plan approval materials to the City to which it has responded with comments. The Appellants stated that they intend to re-submit materials by Friday, May 10, 2024, for the City’s further review. Both Parties expressed cautious optimism that a settlement will be reached.
4Based on the Parties’ submissions, the Tribunal requested the Appellants to submit revised site plan approval materials to the City by Friday, May 10, 2024. The Tribunal directed that a further CMC will be held in late June for a further update on progress. If the Parties reach a proposed settlement before the next CMC, the Tribunal requested that they inform the Tribunal’s Case Coordinator and request that the CMC be converted to a settlement hearing, if needed. If the settlement results in the withdrawal of the appeals, the Parties were requested to inform the Tribunal’s Case Coordinator forthwith and the CMC will be cancelled. If no proposed settlement is reached, the Tribunal requested that the Parties file a draft Procedural Order and Issues List with the Tribunal’s Case Coordinator by no later than Tuesday, June 25, 2024 for consideration at the next CMC.
5The Tribunal directs that a further CMC will be held on Thursday, June 27, 2024 at 10 a.m. by video conference call.
6Parties 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:
GoToMeeting: https://global.gotomeeting.com/join/442599157
Access Code: 442-599-157
7Parties 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
8Persons 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) 497-9391 or (Toll-Free) 1-888-455-1389. The access code is as indicated above.
9Individuals 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 VH 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.
10There will be no further notice.
11The 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.