Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: May 08, 2024

CASE NO(S).: OLT-24-000005

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Greenline Renovations Plus Ltd. Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To permit development of two midrise mixed-use buildings with 10 and 12 storeys in height, 263 residential units and 2,256 square metres of commercial space Reference Number: 22 123884 WET 05 OZ Property Address: 65 – 81 McCormack Street Municipality/UT: City of Toronto OLT Case No.: OLT-24-000005 OLT Lead Case No.: OLT-24-000005 OLT Case Name: Greenline Renovations Plus Ltd. v. Toronto (City)

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Greenline Renovations Plus Ltd. Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Reference Number: 22 123884 WET 05 OZ Property Address: 65 – 81 McCormack Street Municipality/UT: City of Toronto OLT Case No.: OLT-24-000006 OLT Case Name: OLT-24-000005

Heard: May 1, 2024, by Video Hearing

APPEARANCES:

Parties	Counsel
Greenline Renovations Plus Ltd.	M. Foderick, J. Cole
City of Toronto	A. DeBacker, C. McKeich (in absentia)
Toronto and Region Conservation Authority	T. Duncan, M. Rutledge

MEMORANDUM OF ORAL DECISION DELIVERED BY P. TOMILIN ON MAY 1, 2024 AND ORDER OF THE TRIBUNAL

1This was the first Case Management Conference (“CMC”) in the matter of the Appeal by Greenline Renovations Plus Ltd. (“Applicant” / “Appellant”) arising from the failure of the City of Toronto (“City”) to make a decision regarding the Application within the applicable statutory timeline, pursuant to ss. 22(7) and 34(11) of the Planning Act (“Act”) for the properties municipally known as 65 - 81 McCormack Street (“site”).

2The Applicant is seeking to permit development of two midrise mixed-use buildings with 10 and 12 storeys in height, with 263 residential units and 2,256 square metres of commercial/employment space for the site.

3The Tribunal received the Affidavit of Service and marked it as Exhibit 1.

PARTY STATUS REQUEST

4Prior to the CMC, the Tribunal received one Party status request from Toronto and Region Conservation Authority (“TRCA”).

5The Tribunal granted the request. The added Party to the proceedings is:

• TRCA.

PARTICIPANT STATUS REQUEST

6At the CMC, the Tribunal received one Participant status request from Joanna Maio, who was out of the country. The Tribunal gave Ms. Maio until Friday, May 3, 2024 to fill out the Participant request form. No further extensions will be given.

7On May 3, 2024, the Tribunal received the Participant status request form from Ms. Maio.

8The Tribunal granted the request. The added Participant to the proceedings is:

• Joanna Maio.

MEDIATION

9The Tribunal canvassed the Parties as to whether they had engaged in discussions to resolve any of the issues in the Appeal, and whether they would be interested in Tribunal-led mediation. Counsel indicated that at this point they have not agreed on issues. Should the Parties reach a point where mediation could be of assistance, they may request a mediation assessment through the assigned Case Coordinator.

HEARING, PROCEDURAL ORDER AND ISSUES LIST

10The Tribunal received a Draft Procedural Order (“DPO”) from the Appellant. However, given the addition of TRCA, Counsel requested 10 days to revise the DPO and to finalize the Issues List (“IL”).

11The Tribunal directed the Parties to provide the updated DPO and IL on or before Friday, May 10, 2024.

12The Tribunal canvassed the Parties on the number of expert witnesses each intends to call at the Hearing. The Parties provided that they will each call two to three expert witnesses.

13The Parties requested the Tribunal to set aside 10 days for the Hearing. Given the number of witnesses each Party intends to call, the Tribunal is of the opinion that the requested length of the Hearing is appropriate.

14A 10-day Merit Hearing is scheduled to proceed by video on Monday, January 20, 2025, at 10 a.m.

15Parties and Participants 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:

GoTo Meeting: https://meet.goto.com/996288525

Access code: 996-288-525

16Parties 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.

17Persons 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 the same as the access code noted above.

18Individuals 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

19The Tribunal Orders the above directives.

20This Member is not seized.

21There will be no further notice.

“P. Tomilin”

p. tomilin

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.