Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
May 29, 2024
CASE NO(S).:
OLT-23-000969
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
7506473 CANADA INC.
Subject:
Proposed Zoning By-law Amendment
Description:
To permit a 22-storey mixed-use tower consisting of 294 rental units in the northwest portion of the property
Reference Number:
22 116509 WET 07 OZ
Property Address:
1York Gate Boulevard
Municipality/UT:
Toronto / Toronto
OLT Case No.:
OLT-23-000969
OLT Lead Case No.:
OLT-23-000969
OLT Case Name:
7506473 CANADA INC. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A.
Appellant:
7506473 CANADA INC.
Subject:
Proposed Site Plan
Description:
To permit a 22-storey mixed-use tower consisting of 294 rental units in the northwest portion of the property
Reference Number:
22 124983 WET 07 SA
Property Address:
1 York Gate Boulevard
Municipality/UT:
Toronto / Toronto
OLT Case No.:
OLT-23-000970
OLT Lead Case No.:
OLT-23-000969
Heard:
May 6, 2024 via Video Hearing
APPEARANCES:
Parties
Counsel
7506473 Canada Inc.
Jason Park Douglas Pateman
City of Toronto
Kasia Czajkowski Adam Ward
MEMORANDUM OF ORAL DECISION DELIVERED BY m. quesnel AND A. MASON ON May 6, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This second Case Management Conference (“CMC”) was held in respect of appeals concerning the failure of the City of Toronto to make a decision within the statutory timeframes on an application for Zoning By-Law Amendment (“ZBA”) pursuant to s. 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended and an application for Site Plan Control (“SPA”) pursuant to s. 114(15) of the City of Toronto Act, 2006 in respect of the property known as 1 York Gate Boulevard, City of Toronto (“Subject Property”). The Applications were filed by 7506473 CANADA INC. to facilitate the development of a 22-storey purpose-built residential apartment building on the northwest portion of the Subject Property.
PROCEDURAL ORDER AND ISSUES LIST
2The Parties jointly provided a draft Issues List and Procedural Order (“PO/IL”) in advance of this CMC. Having reviewed the PO/IL and discussed same with the Parties, the Tribunal orders that the PO/IL attached as Attachment 1 to this Decision shall govern the proceedings.
MERIT HEARING
3The Parties jointly requested the Tribunal set down the matter for a six-day hearing with respect to the ZBA. The Tribunal acknowledges that the SPA is appropriately before the Tribunal but that it is not anticipated the Parties will be advancing the matter at the scheduled hearing.
4The Tribunal scheduled a six-day hearing with respect to the appeal of the ZBA to start on Tuesday November 19, 2024, at 10 a.m. by video hearing (“Video Hearing”).
5Parties 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:
https://global.gotomeeting.com/join/765631861
Access Code: 765-631-861
6Parties 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
7Persons 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.
8Individuals 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.
MEDIATION
9The Parties advised the Tribunal that they continue in discussions with the goal of scoping the issues further or potentially resolving the matter in advance of the scheduled hearing.
ORDER
10THE TRIBUNAL ORDERS THAT:
(a) the hearing of this appeal shall commence on Tuesday, November 19, 2024, at 10 a.m. by Video Hearing;
(b) the Procedural Order appended as Attachment 1 to this Decision shall govern the conduct of this matter
“M. Quesnel”
M. QUESNEL
MEMBER
“A. Mason”
A. MASON
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.
Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
May XXX, 2024
CASE NO(S).:
OLT-23-000969
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
7506473 CANADA INC.
Subject:
Proposed Zoning By-law Amendment
Description:
To permit a 22-storey mixed-use tower consisting of 294 rental units in the northwest portion of the property
Reference Number:
22 116509 WET 07 OZ
Property Address:
1 York Gate Boulevard
Municipality/UT:
Toronto / Toronto
OLT Case No.:
OLT-23-000969
OLT Lead Case No.:
OLT-23-000969
OLT Case Name:
7506473 CANADA INC. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A.
Appellant:
7506473 CANADA INC.
Subject:
Proposed Site Plan
Description:
To permit a 22-storey mixed-use tower consisting of 294 rental units in the northwest portion of the property
Reference Number:
22 124983 WET 07 SA
Property Address:
1 York Gate Boulevard
Municipality/UT:
Toronto / Toronto
OLT Case No.:
OLT-23-000970
OLT Lead Case No.:
OLT-23-000969
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 Hearing will begin on November 19, 2024, at 10:00 a.m. Unless otherwise subsequently ordered by the Tribunal, the Hearing shall proceed by videoconference.
The Parties’ initial estimation for the length of the Hearing is 6 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 Parties and Participants identified at the case management conference are set out in Attachment 1.
The issues for the Hearing are set out in the Issues List attached as Attachment 2. 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 3. The Tribunal may limit the amount of time allocated for opening statements, direct evidence (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 it are set out in Attachment 4.
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 (https://olt.gov.on.ca/tribunals/lpat/).
Requirements Before the Hearing
If the applicant / appellant intends to seek approval of a revised proposal at the hearing, the applicant / appellant shall provide a copy of the proposed modifications to the other parties on or before June 24, 2024. The applicant / appellant 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.
A Party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other Parties a list of the witnesses and the order in which they will be called. This list must be delivered on or before July 22, 2024, and in accordance with paragraph 24 below. A Party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.
Expert witnesses in the same field shall have a meeting on or before August 30, 2024, and try to resolve or reduce the issues for the Hearing. Following the experts’ meetings, and if any agreement is reached, the Parties must prepare and file a Statement of Agreed Facts and Issues with the Case Co-ordinator on or before September 10, 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 below. Instead of an Expert 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 and not paid to produce a report do not have to file an Expert Witness Statement; but the Party calling them must file an outline of the expert’s evidence as in paragraph 16 below.
A Party who intends to call a witness who is not an expert must file a Witness Statement, as in paragraph 16 below.
On or before September 20, 2024, the Parties shall provide copies of their Witness Statements and Expert Witness Statements to the other Parties and to the Case Co-ordinator and in accordance with paragraph 24 below.
On or before September 20, 2024, a Participant shall provide copies of their written Participant Statement to the Parties and to the Case Co-ordinator in accordance with paragraph 24 below. A Participant cannot present oral evidence or submissions at the Hearing unless ordered by the Tribunal.
Parties may provide to all other Parties and the Case Co-ordinator a written response to any Written Evidence on or before October 30, 2024, and in accordance with paragraph 24 below.
On or before November 12, 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 Case Co-ordinator on or before November 12, 2024.
A person wishing to change Written Evidence, including Witness Statements, must make a written Motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the Moving Party provide copies of the Motion to all other Parties 15 days before the Tribunal hears the Motion.
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 and the other Parties by November 12, 2024 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 November 14, 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 direct, cross-examination and re-direct 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 filing shall be electronic, unless the Tribunal requests a hard copy(ies) of any document. 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 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 Panel is not seized.
So orders the Tribunal.
SUMMARY OF PROCEDURAL DATES
DATE
EVENT
June 24, 2024
Delivery and filing of revised proposal, if applicable
July 22, 2024
Exchange of list of witnesses and the order in which they will be called
August 30, 2024
Meeting of expert witnesses in the same field
September 10, 2024
Filing of agreed statement of facts
September 20, 2024
Exchange of expert reports/expert witness statements/written evidence, evidence outlines for witnesses under summons, participant statements
October 30, 2024
Exchange of responding evidence
November 12, 2024
Exchange of visual evidence
November 12, 2024
Filing of Joint Document Book
November 14, 2024
Filing of Hearing Plan
November 19, 2024
Hearing commences
ATTACHMENT “1” LIST OF PARTIES/PARTICIPANTS
PARTIES
Party
Counsel / Representative
7506473 Canada Inc.
Jason Park/Doug Pateman Kagan Shastri DeMelo Winer Park LLP 250 Yonge Street, Suite 2302 Toronto, ON M5B 2L7
Email: jpark@ksllp.ca/dpateman@ksllp.ca
Tel: (416) 645-4572/(437) 780-3586
City of Toronto
Kasia Czajkowski/Adam Ward
City of Toronto Legal Services
55 John Street 26th Floor
Toronto, Ontario M5V 3C6
Email : Kasia.Czajkowski@toronto.ca/ Adam.Ward@toronto.ca
Tel : (416) 338-5725/(416)-394-2787
ATTACHMENT “2”
ISSUES LIST
NOTE: The identification of an issue on the Issues List does not constitute an acknowledgement by the Tribunal or any Party that the issue is either relevant or appropriate. The identification of an issue on this list by a Party indicates that Party’s intent to lead evidence or argue that the issue is relevant to the proceeding, for the purpose of fairly identifying to the other Parties the case they need to meet and shall not be construed as the Tribunal have jurisdiction over such matters in each circumstance. Accordingly, no Party shall advance an issue not identified on the Issues List without leave of the Tribunal.
A. City of Toronto
- Do the proposed development and Zoning By-Law Amendments have appropriate regard for the matters of provincial interest as set out in Section 2 of the Planning Act, in particular Section 2(h), 2(j), and 2(r)?
A Place to Grow – Growth Plan for the Greater Golden Horseshoe (2020)
- Do the proposed development and Zoning By-law Amendments conform to and not conflict with the A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) pursuant to Section 3(5) of the Planning Act, with respect to the Growth Plan's growth management and housing policies to accommodate a broad range of households within the new development, including Sections 2.2.1 and 2.2.6?
City of Toronto Official Plan
- Do the proposed development and Zoning By-law Amendments conform with the policies of the City of Toronto Official Plan with respect to:
a. Structuring Growth In The City: Integrating Land Use and Transportation (2.2 and 2.2.3)
b. The Public Realm (3.1.1)
c. Built Form (3.1.3)
d. Built Form – Building Types (3.1.4)
City of Toronto Guidelines
Does the proposed development adequately support the unit mix and unit size objectives of the Growing Up Guidelines?
Does the proposed development meet the intent and purpose of the City of Toronto Tall Building Design Guidelines?
Does the proposed development meet the intent and purpose of the City of Toronto Pet Friendly Guidelines?
Site Specific Issues
- Is the site organization and built form of the proposed development appropriate, including:
i. Are the proposed building form, massing, height, setbacks and stepbacks, base building and tower components, configuration, and tower floor plates appropriate?
ii. Does the proposed development have regard for the proposed land uses, public realm, and built form directives proposed through the developing Secondary Plan and Urban Design Guidelines for the Jane and Finch Area currently under development by the City?
iii. Are the indoor amenity space and outdoor amenity space appropriate in size and location?
iv. Are the shadow impacts from the proposed development acceptable?
v. Are the wind impacts from the proposed development acceptable?
vi. Is the proposed vehicular access to the site, parking location and numbers, loading, waste management and circulation acceptable?
vii. Does the proposed development represent principles of good planning and urban design?
- Are the proposed Zoning By-law Amendments good planning and in the public interest?
Implementation
- If the proposed development is approved in whole or in part, should the Tribunal Order be withheld until the following conditions are satisfied and the Tribunal receives confirmation from the City Solicitor that:
a. The final form and content of the Zoning By-law Amendment is satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor;
b. The owner has provided a revised Functional Servicing and Stormwater Management Report to determine the stormwater runoff, sanitary flow, and water supply demand resulting from the proposed development, and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services;
c. The owner has provided a revised Transportation Impact Study including a Transportation Demand Management Plan, to the satisfaction of the General Manager, Transportation Services;
d. The owner has made arrangements with the City and has entered into the appropriate agreement(s) for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, according to the revised Functional Servicing and Stormwater Management Report accepted by the Chief Engineer and Executive Director of Engineering and Construction Services, and Transportation Impact Study accepted by the General Manager, Transportation Services;
e. The owner has submitted a revised Hydrological Assessment Report and Hydrological Review Summary Form, Servicing Report Groundwater Summary Form, and Foundation Drainage Summary Form to determine the quality and quantity of groundwater that may be required to be discharged to the City sewage works as a result to of a proposed development and comply with Foundation Drainage Policy and guidelines to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services and the General Manager, Toronto Water;
f. The owner has provided a revised Pedestrian Level Wind Study including a Wind Tunnel Study, to the satisfaction of the Chief Planner and Executive Director, City Planning;
g. The owner has provided a Landscape Plan including adequate soil volume, to the satisfaction of the General Manager of Parks, Forestry and Recreation;
h. The owner has provided a revised Sun/Shadow Study, to the satisfaction of the Chief Planner and Executive Director, City Planning; and,
i. The submitted Compatibility/Mitigation Studies, including the Air Quality Study, dated February 11, 2022, prepared by RWDI AIR Inc., and the Noise Impact Study, dated February 10, 2022, prepared by LEA, have been peer reviewed by a third-party consultant retained by the City at the owner's expense, and the owner agrees to implement any necessary control measures and recommendations identified by the peer review, with the control measures to be secured through the Site Plan Control process, to the satisfaction of the Chief Planner and Executive Director, City Planning.
ATTACHMENT “3” ORDER OF EVIDENCE
7506473 Canada Inc.
City of Toronto
7506473 Canada Inc. (Reply, if any)
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 authorization 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.