Ontario Land Tribunal
Tribunal ontarien de l’aménagement
du territoire
ISSUE DATE:
April 29, 2024
CASE NO(S).:
OLT-23-000859
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
174 Spadina Avenue Holding Corp.
Applicant:
Manga Hotels (Spadina) Inc.
Subject:
By-law No. 762-2023
Description:
To permit a 250-suite hotel building with a 14-storey building fronting Spadina Avenue and a 15-storey building fronting Cameron Street
Reference Number:
19-199402 STE 10 OZ
Property Address:
182-184 Spadina Avenue
Municipality/UT:
City of Toronto
OLT Case No:
OLT-23-000859
OLT Lead Case No:
OLT-23-000859
OLT Case Name:
174 Spadina Avenue Holding Corp. v. Toronto (City)
Heard:
November 15, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel/Representative
174 Spadina Avenue Holding Corp.
Isaac Tang
Lee English
Manga Hotels (Spadina) Inc.
City of Toronto
Andrew Frank
Lauren Pinder
Sara Amini (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY CARMINE TUCCI
ON NOVEMBER 15, 2023 AND ORDER OF THE TRIBUNAL
1The matter before the Ontario Land Tribunal (the “Tribunal”) was with respect to the passing of Zoning By-law 762-2023 (“ZBA”) by the City of Toronto on July 20, 2023. The ZBA proposes to amend Zoning By-Law 569-2013 to facilitate the redevelopment of the Subject Property including a hotel on the lands known as 182-184 Spadina Avenue (“Subject Property”).
2The174 Spadina lands abut the southern boundary of the Subject Property. 174 Spadina (“174”) is occupied by a 6.5 storey office building with windows on the majority of its north face. 180 Spadina Avenue is currently used as a parking lot, and along with 174 Spadina Avenue, is held by 174 in anticipation for future residential and mixed-use redevelopment.
3The Subject Property and the 174 Lands are well-served by existing and planned transit. They are less than 100 metres from the Queen Street and Spadina Avenue intersection, where two existing streetcar lines intersect and where the future Queen-Spadina Ontario Line station will be located. These properties are also within 500 metres of the Dundas Street West streetcar line. The Subject Property and the 174 Lands are within the King-Bathurst (SASP 761) and Queen-Spadina (SASP 762) Protected Major Transit Station Areas (“PMTSAs”) in Toronto City Council-adopted (“Council-adopted”) Official Plan Amendment (“OPA”) 570 and the Osgoode PMTSA (SASP 609) in Council-adopted OPA 524. Both OPA 570 and OPA 524 are awaiting review and approval by the Ministry of Municipal Affairs and Housing.
4The development comprises a hotel, a one-storey-plus- mezzanine-base building and two taller components above, one 14-storey component fronting on Spadina Avenue and a 15-storey component fronting on Cameron Street (the “Proposed Hotel”). A total of 250 hotel suites are proposed. All parking, loading and pickup/drop-off areas will be accessed via Cameron Street – a local, two-lane street. A related site plan application for the Subject Property (21250663 STE 10 SA) remains under review by the City.
5The purpose of the Case Management Conference (the “CMC”) was to receive status updates from all Parties to organize the hearing of these appeals.
6The Tribunal is in receipt of the Affidavit of Service sworn by Jennifer Forkes on September 28, 2023, which is marked as Exhibit 1.
7The Tribunal was presented with two Participant Status requests:
Board of Directors of MTCC713
Grange Community Association
8As the requests represent those of an adjacent property’s Board of Directors as well as a neighbourhood residents’ association group, and noting that there were no objections to the Status requests, the Tribunal granted Participant Status to both requestors.
9The Tribunal heard that the Parties are seeking a seven-day (7-day) hearing.
The Tribunal hereby schedules a Hearing of these appeals to proceed by video on Wednesday, October 16, 2024 at 10 a.m. through Thursday, October 24, 2024. Seven (7) days have been set aside.
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:
GoTo Meeting: https://meet.goto.com/348282861
Access code: 348-282-861
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 in to an audio-only telephone line: +1 (647) 497-9373 or Toll-Free 1-888-299-1889. The access code is 348-282-861.
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 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
14The Procedural Order attached as Schedule A shall govern the conduct of this proceeding.
“C. Tucci”
C. TUCCI
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.
SCHEDULE A
CASE NO(S).: OLT-23-000859
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
174 Spadina Avenue Holding Corp.
Applicant:
Manga Hotels (Spadina) Inc.
Subject:
By-law No. 762-2023
Description:
To permit a 250-suite hotel building with a 14-storey building fronting Spadina Avenue and a 15-storey building fronting Cameron Street
Reference Number:
19-199402 STE 10 OZ
Property Address:
174 and 180 Spadina Avenue
Municipality:
City of Toronto
OLT Case No.:
OLT-23-000859
OLT Lead Case No.:
OLT-23-000859
OLT Case Name:
174 Spadina Avenue Holding Corp. v. Toronto (City)
PROCEDURAL ORDER
- The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties’ request or its own motion.
Organization of the Hearing
- The Video Hearing (“video hearing”) will begin on Wednesday, October 16, 2024 at 10 a.m.. The video conference access information is:
GoTo Meeting: https://meet.goto.com/348282861
Access Code: 348-282-861
Audio-only telephone line: +1 (647) 497-9373 or Toll-Free 1-888-299-1889
Access Code: 348-282-861 (as above).
The parties’ initial estimation for the length of the hearing is seven (7) days. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible. The procedural order deadlines are generally found in Attachment 1.
The parties and participants identified at the case management conference are set out in Attachment 2.
The issues are set out in the Issues List attached as Attachment 3. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.
The order of evidence shall be as set out in Attachment 4. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.
The purpose of this Procedural Order and the meaning of the terms used in this Procedural Order are set out in Attachment 5.
Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the Case Management Conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.
Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website.
Requirements Before the Hearing
A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties shall provide to the Tribunal and the other Parties a list of the witnesses and the order in which the witnesses will be called or before May 3, 2024 in accordance with paragraph 24 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae, a copy of their Acknowledgement of Expert’s Duty form and a description of the area of expertise in which the witness is prepared to be qualified. Any challenges regarding a witness, including qualifications of a witness to give opinion evidence in the area of expertise proposed, shall be made by motion in accordance with the Tribunal’s Rules on or before June 5, 2024.
If the applicant intends to seek approval of a revised proposal at the hearing, the applicant shall provide copies of the revised proposal, including all revised plans, drawings, proposed instruments, updated supporting documents and reports, to the other Parties on or before May 31, 2024. The applicant acknowledges that any revisions to the proposal after that date without the consent of the Parties may be grounds for a request to adjourn the hearing.
Expert witnesses in the same field shall have a meeting on or before July 22, 2024 and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before July 31, 2024.
An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 14 below. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.
Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s evidence as in paragraph 14 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 14 below.
On or before August 28, 2024, the parties shall provide copies of their witness and expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 24 below.
On or before August 28, 2024, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 24 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.
Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence on or before September 19, 2024 and in accordance with paragraph 24 below.
On or before September 23, 2024, the Parties shall advise the Tribunal of whether any hearings dates scheduled for this matter may be released from the Tribunal's calendar. This request may only be made on consent of all of the Parties. If no hearing dates are intended to be released from the Tribunal's calendar, no Party is required to advise the Tribunal anything further in that regard.
On or before September 26, 2024 the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 24 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.
The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before October 3, 2024.
A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal in accordance with the Tribunal’s Rules.
A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 14 days before the hearing that the written evidence is not part of their record.
The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before October 3, 2024 with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.
All filings shall be submitted electronically. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Tribunal’s Rule 7.
No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.
This Member is not seized.
So orders the Tribunal.
Attachment 1
Summary of Key Dates
DATE
EVENT
May 3, 2024
Exchange of Witness Lists
May 31, 2024
Last date to provide copies of revised proposal, including all revised plans and drawings (if any)
June 5, 2024
Last date to serve Motion to challenge a witness, including qualifications of a witness to give opinion evidence in the area of expertise proposed
July 22, 2024
Experts to meet before this date
July 31, 2024
File Agreed Statement of Facts
August 28, 2024
Exchange Witness Statements, summoned witness outlines, Experts Reports and Participant Statements
September 19, 2024
Exchange Reply Witness Statements
September 26, 2024
Exchange Visual Evidence
October 2, 2024
Last day to provide notice written evidence is not part of record, if applicable
October 3, 2024
File Hearing Plan
October 3, 2024
File Joint Document Book
October 16, 2024 – October 24, 2024
Hearing
Attachment 2
Parties and Participants
Status
Name
Counsel / Representative
Party (Appellant)
174 Spadina Holding Corp.
Borden Ladner Gervais LLP
Isaac Tang
416-367-6143
Lee English
416-367-6169
Party (Applicant)
Manga Hotels (Spadina) Inc.
Kagan Shastri DeMelo Winer Park LLP
Adrian Frank
416-645-4582
Party
City of Toronto
City of Toronto Legal Services
Lauren Pinder
416-392-0797
Participant
MTCC 713
John Chang johnchanggm@gmail.com
Participant
Grange Community Association Inc.
Max Allen mallen6@sympatico.ca
Attachment 3
Issues List
Does the zoning by-law amendment application to permit a hotel on the lands municipally known as 182-184 Spadina Avenue, Toronto (“Site”) (“Proposed Hotel”) have regard for matters of provincial interest, including subsections 2(h), (j), (n), (p) and (r) of the Planning Act?
Is the Proposed Hotel consistent with the Provincial Policy Statement, 2020, including policies 1.1.1(e), 1.1.3.2(a), (b) and (f), 1.1.3.3, 1.2.1(a) and (d), 1.4.3(c), (d) and (e), 1.6.7.2, 1.6.7.4, 1.7.1(e), 1.8.1(e) and 4.6?
Does the Proposed Hotel conform with A Place to Grow: Growth Plan for the Golden Horseshoe, including policies 2.2.1.3, 2.2.2.3(a), (b) and (d), 2.2.3, 2.2.4.1, 2.2.4.6, 2.2.4.9(a) and (d), 2.2.4.10, 3.2.1.1 and 3.2.2.1?
Does the Proposed Hotel conform with the City of Toronto Official Plan, including policies 2.4.2, 2.4.3, 2.4.9, 3.1.1.10, 3.1.1.11, 3.1.1.12, 3.1.1.14, 3.1.1.19, 3.1.1.20, 3.1.3.2, 3.1.3.3, 3.1.3.4, 3.1.3.5, 3.1.3.6, 3.1.3.9, 4.5.2(c) and (e)?
Does the Proposed Hotel conform with the OPA 406 (Downtown Plan), including policies 15.1.4. 15.7, 4.1, 6.18, 6.18.3, 6.34, 6.35, 6.36, 6.37, 6.38, 7.3, 7.17, 7.18, 7.19, 7.44, 8.27, 8.29, 9.1.1, 9.1.2, 9.1.3, 9.8.7 and 9.22?
Does the Proposed Hotel have appropriate regard for OPA 570 (57 Protected Major Transit Station Areas) and OPA 524 (Downtown Plan Protected Major Transit Station Areas)?
Does the Proposed Hotel promote the integration of land use planning and infrastructure planning to achieve cost-effective development patterns and optimization of transit investments?
Is the Site appropriate for a non-residential, tall building development?
Does the Proposed Hotel appropriately respond to and meet the intent and purpose of the Tall Building Design Guidelines and the Downtown Tall Buildings: Vision and Supplementary Design Guidelines?
Does the Proposed Hotel fit appropriately within the existing and planned built form context, with regard to its massing, placement, scale, setbacks, stepbacks, tower separation, relative grade, height, density and other aspects?
Does the Proposed Hotel establish appropriate relationships at grade, including setbacks, streetwalls, and the provision of an appropriate pedestrian realm including contributions to streetscaping, public spaces, and private open spaces?
Does the Proposed Hotel appropriately account for adjacent building walls containing windows? Should the Proposed Hotel be redesigned to minimize, mitigate or avoid the obstruction of windows of adjacent buildings?
Does the proposed massing create a desirable courtyard condition between the tall building elements?
Is the Proposed Hotel supported by an appropriate travel demand management strategy that satisfies Official Plan policies 2.4.2, 2.4.3, and 2.4.9?
Are the transportation-related facilities of the Proposed Hotel organized to minimize impacts within the site, surrounding areas, and the public realm, and improve the safety and attractiveness thereof including vehicular street access, driveways, ramps, drive aisles, bicycle and vehicle parking, loading, servicing, storage areas, utilities, and related structures?
Will the Proposed Hotel create unacceptable traffic impacts along Cameron Street?
Does the Proposed Hotel represent good planning and is it in the public interest?
Attachment 4
Order of Evidence
Uncontested Factual Evidence - Manga Hotels (Spadina) Inc.
174 Spadina Avenue Holding Corp.
Manga Hotels (Spadina) Inc.
174 Spadina Avenue Holding Corp. (in Reply)
Attachment 5
Meaning of Terms in Procedural Order
Purpose of the Procedural Order
Case management conferences are scheduled by the Tribunal to organize the hearing. This sample procedural order is provided to identify who may participate in the hearing, the issues in dispute, and the matters that are required to be carried out before the hearing. The attachment to this sample procedural order explains the meaning of a number of terms in the sample procedural order, such as a party or a participant.
The Tribunal recommends that the appellant, municipality, the applicant (if applicable), or those who wish to seek party status in this proceeding, meet, remotely if necessary, to discuss this sample procedural order before the date of the case management conference and try to identify the issues and process they want the Tribunal to order following the conference. The Tribunal will hear submissions on the content of this sample procedural order at the case management conference and issue a procedural order at a later date.
If you are not represented by a lawyer, you should prepare by reviewing the Tribunal’s Video Hearings Guide, and the Tribunal’s Rules of Practice and Procedure (“Rules”), particularly Rule 20, which are available on the Tribunal’s website.
Meaning of terms used in the Procedural Order:
A party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other parties, and making submissions on all of the evidence. An unincorporated group cannot be a party and it must appoint one person to speak for it, and that person must accept the other responsibilities of a party as set out in the Order. Parties do not have to be represented by a lawyer and may have an agent speak for them. The agent must have written authorisation from the party.
NOTE that a person who wishes to become a party before or at the hearing, and who did not request this at the case management conference (CMC), must ask the Tribunal to permit this.
A participant is an individual or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a party may do so). Section 17 of the Ontario Land Tribunal Act states that a person who is not a party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A participant may also be asked questions by the parties should the Tribunal direct a participant to attend a hearing to answer questions on the content of their written submission.
A participant must be identified and be accorded participant status by the Tribunal at the CMC. A participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A participant cannot ask for costs, or review of a decision, as a participant does not have the rights of a party to make such requests of the Tribunal.
Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party or participant intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.
Visual evidence includes photographs, maps, videos, models, and overlays which a party or participant intends to present as evidence at the hearing.
A witness statement is a short written outline of the person’s background, experience and interest in the matter; a list of the issues which he or she will discuss ; and a list of reports or materials that the witness will rely on at the hearing.
An expert witness statement should include his or her (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness’ opinions on those issues and the complete reasons supporting their opinions and conclusions and (5) a list of reports or materials that the witness will rely on at the hearing. An expert witness statement must be accompanied by an acknowledgement of expert’s duty.
A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a statement of the participant’s position on the appeal; a list of the issues which the participant wishes to address and the submissions of the participant on those issues; and a list of reports or materials, if any, which the participant wishes to refer to in their statement.
Additional Information
A summons may compel the appearance of a person before the Tribunal who has not agreed to appear as a witness. A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons through a request. (See Rule 13 on the summons procedure.) The request should indicate how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the information provided in the request that the evidence is relevant, necessary or admissible, the party requesting the summons may provide a further request with more detail or bring a motion in accordance with the Rules.
The order of examination of witnesses is usually direct examination, cross-examination and re-examination in the following way:
direct examination by the party presenting the witness;
direct examination by any party of similar interest, in the manner determined by the Tribunal;
cross-examination by parties of opposite interest;
re-examination by the party presenting the witness; or
another order of examination mutually agreed among the parties or directed by the Tribunal.