396 Church LP v. Toronto (City), 2024 CanLII 5514

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: January 24, 2024

CASE NO(S).: OLT-23-000700

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

Applicant and Appellant: 396 Church LP

Subject: Request to amend the Official Plan – Failure to adopt the requested amendment

Description: To permit redevelopment of the subject site for a 43-storey mixed-use development

Reference Number: 22 227435 STE 13 OZ

Property Address: 396-398 Church Street, 50 Gerrard Street East and 73-77 McGill Street

Municipality: City of Toronto

OLT Case No.: OLT-23-000700

OLT Lead Case No.: OLT-23-000700

OLT Case Name: 396 Church LP 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: 396 Church LP

Subject: Application to amend the Zoning By-law – neglect to make a decision

Reference Number: 22 227435 STE 13 OZ

Property Address: 396-398 Church Street, 50 Gerrard Street East and 73-77 McGill Street

Municipality: City of Toronto

OLT Case No.: OLT-23-000701

OLT Lead Case No.: OLT-23-000700

Heard: January 18, 2024 by video hearing

APPEARANCES:

Parties

Counsel/Representative*

396 Church LP

Caroline Jordan David Bronskill (in absentia)

City of Toronto

Uttra Gautam Daniel Elmadany

McGill-Granby Village Residents’ Association

Kelly McDonald*

St. Michael’s Hospital

Daniel Agelucci Michael Foderick (in absentia)

MEMORANDUM OF ORAL DECISION DELIVERED BY BITA M. RAJAEE ON JANUARY 18, 2024 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This was the second Case Management Conference ("CMC”) before the Tribunal with respect to appeals under sections 22(7) and 34(11) of the Planning Act (“Act”) by 396 Church LP (“Applicant”) resulting from the failure of the City of Toronto (“City”) to make a decision within the statutory timeframe on applications for an Official Plan Amendment (“OPA”) and a Zoning By-law Amendment (“ZBA”), pertaining to lands located at 396-398 Church Street, 50 Gerrard Street East, and 73-77 McGill Street in the City (“Subject Lands”).

2The purpose of the OPA and ZBA is to allow for the redevelopment of the Subject Lands with a 43-storey mixed-used development (“Proposal”).

3The first CMC took place on October 20, 2023 (“First CMC”), wherein it was confirmed that adequate Notice for this matter had been provided and no further Notice was required. Moreover, at the First CMC, McGill-Granby Village Residents’ Association was granted Party Status, and the following were granted Participant Status: Jennifer Rayner, Mary Eastwood, and Ontari Holdings Ltd.

PARTY / PARTICIPANT STATUS REQUESTS

4Subsequent to the First CMC, the Tribunal received an additional Party status request from St. Michael’s Hospital (“Hospital”). On the Party Status Request Form, the Hospital indicated their involvement in the matter as follows:

St. Michael's Hospital wishes to ensure that any approved development on the subject property does not adversely impact emergency air ambulance helicopter operations leading to and from the helipad located on the roof of the owner’s medical facility, which serves as the primary air ambulance station for all of hospital row.

St. Michael's Hospital’s primary issues are related to potential conflicts with the emergency air ambulance helicopter flightpaths.

5At the CMC, the Hospital’s Counsel provided submissions in support of the position that the Tribunal should grant this Party Status request, in accordance with Rule 8.2 of the Tribunal’s Rules of Practice and Procedure. He explained that the Hospital had only recently been notified of the subject Appeal as the process to notify the Hospital was not the same as notifying the addresses within the vicinity of the Subject Lands, which was why the Hospital had submitted this Status request subsequent to the First CMC. Moreover, he submitted that the Hospital’s involvement in this Hearing was vital, as this Proposal could impact the use and continued functioning of the Hospital’s heliports.

6Upon hearing submissions from the Hospital’s Counsel, and receiving no objection from the other Parties, the Tribunal granted Party Status to the Hospital, as it has an interest in the matter, meets the “obvious factor” requirements for being a Party in this proceeding, and will assist the Tribunal in making a determination on the issues.

DRAFT PROCEDURAL ORDER AND ISSUES LIST

7The Parties provided a draft Procedural Order (“PO”) and Issues List (“IL”) prior to the CMC, which was reviewed and ratified at the CMC. The Tribunal’s sole direction was with respect to one issue raised by the Hospital, which was outside of the Tribunal’s jurisdiction, and the Hospital agreed to remove that issue from the IL.

8The Applicant’s Counsel undertook to revise and re-submit for approval by the Tribunal, by January 26, 2024, a revised PO and IL in accordance with the Tribunal’s directions. This has now been provided and is attached to this Decision as Schedule A.

MEDIATION AND SETTLEMENT

9The Tribunal raised the issue of opportunities for settlement discussions and directed the Parties to advise the Tribunal in writing should they reach a settlement with respect to some or all of the issues prior to the Hearing. Moreover, the Tribunal reminded the Parties about the availability of Tribunal-assisted mediation and directed that, should they wish to pursue same, they may make a written request to the Tribunal through the Case Coordinator for those services.

HEARING DATE

10Due to the issues listed on the IL, and the number of Parties and potential witnesses, the Tribunal agreed that a ten-day Hearing would be sufficient. A Video Hearing has now been scheduled for ten days, commencing at 10 a.m. on Monday, December 2, 2024, and continuing to Friday, December 13, 2024.

11On those dates, the Parties 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.

12The Hearing is scheduled to proceed by video as follows:

GoToMeeting: https://meet.goto.com/996288525

Access Code: 996-288-525

13Persons 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: 1-888-455-1389 or +1-647-497-9391. The Access Code is 996-288-525.

14Parties 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

15Individuals 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.

ORDER

16THE TRIBUNAL ORDERS as follows:

a. St. Michael’s Hospital is granted Party Status in these proceedings.

b. The Procedural Order and Issues List, attached to this Decision as Schedule A, shall govern these proceedings.

c. The Video Hearing in this matter will commence at 10 a.m. on Monday, December 2, 2024, and ten days have been set aside for this hearing.

17The Member is not seized but may be contacted through the Case Coordinator should procedural issues arise.

“Bita M. Rajaee”

BITA M. RAJAEE

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

Ontario Land Tribunal 655 Bay Street, Suite 1500 Toronto ON M5G 1E5 Telephone: (416) 212-6349

Toll free: 1-866-448-2248 Website: olt.gov.on.ca

Tribunaux de l’aménagement du territoire Ontario 655 rue Bay, bureau 1500 Toronto ON M5G 1E5 Téléphone: (416) 212-6349

Sans Frais: 1-866-448-2248 Site Web : olt.gov.on.ca

CASE NO.: OLT-23-000700

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

Applicant and Appellant: 396 Church LP

Subject: Request to amend the Official Plan – Failure to adopt the requested amendment

Purpose: To permit redevelopment of the subject site for a 43-storey mixed-use development

Reference Number: 22 227435 STE 13 OZ

Property Address: 396-398 Church Street, 50 Gerrard Street East and 73-77 McGill Street

Municipality: City of Toronto

OLT Case No.: OLT-23-000700

OLT File No.: OLT-23-000700

OLT Case Name: 396 Church LP 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: 396 Church LP

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision

Reference Number: 22 227435 STE 13 OZ

Property Address: 396-398 Church Street, 50 Gerrard Street East and 73-77 McGill Street

Municipality: City of Toronto

OLT Case No.: OLT-23-000701

OLT File No.: OLT-23-000700

PROCEDURAL ORDER

1. 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

2. The hearing will begin on December 2, 2024 at 10:00 a.m. as directed in the Tribunal's Decision and Order.

3. The length of the hearing will be ten (10) 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.

4. The Parties and Participants identified at the Case Management Conference are listed in Attachment 2 to this Order.

5. The Issues are set out in the Issues List attached as Attachment 3 to this Order. The Parts will attempt to resolve the issues prior to the hearing on the merits of the appeal. There will be no changes to the Issues List unless the Tribunal permits, and a Party who asks for changes may have costs awarded against it.

6. The order of evidence is set out in Attachment 4 to this Order. 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.

7. Any person intending to participate in the hearing shall provide a mailing address, email address and a telephone number to the Tribunal. Any such person who retains a representative must advise the other Parties and the Tribunal of the representative’s name, address, email address and the phone number.

8. If the hearing is to proceed electronically, 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/guides/).

Requirements Before the Hearing

9. 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, the expert witness(es)' curriculum vitae and Acknowledgement of Expert Duty form(s), and the order in which the witnesses will be called. This list must be delivered at least 118 days before the hearing is scheduled to commence (on or before August 6, 2024). For expert witnesses, a Party is to identify the area of expertise in which the witness is proposed to be qualified. Any challenges to the 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 and notice of same must be served on the other Parties at least 98 days before the hearing is scheduled to commence (on or before August 26, 2024).

10. Expert witnesses in the same discipline(s) shall have at least one meeting before the hearing to try to resolve or reduce the issues for the hearing. The experts shall prepare a list of any agreed facts and the remaining issues to be addressed at the hearing, and provide this list to all of the Parties and the Tribunal at least fifteen days (15) days prior to date for Expert Witness Statements as stated in Section 14 (on or before September 17, 2024), if agreement is reached.

11. 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, and the curriculum vitae and Acknowledgment of Expert Duty Form previously provided as in Section 9. Copies must be provided as in Section 14. 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. For greater certainty, each expert witness statement must comply with the minimum content requirements specified in Rule 7 of the Tribunal’s Rules of Practice and Procedure. If the expert witness has prepared any report(s) that they intend to rely on at the hearing, and which did not form part of the submissions made to the City, such report(s) shall be provided to the other Parties at the same as the delivery of expert witness statements, as in Section 14.

12. A witness or participant must provide to the Tribunal and the Parties a witness statement or participant statement, respectively, at least 63 days before the hearing is scheduled to commence (on or before September 30, 2024) or the witness may not give oral evidence at the hearing. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

13. 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 Section 14.

14. At least 63 days before the hearing is scheduled to commence (on or before September 30, 2024), the Parties shall provide copies of their expert witness statements (full disclosure including reports) to the other Parties.

15. At least 45 days before the hearing is scheduled to commence(on or before October 18, 2024), the Parties may provide to all other Parties a written response to any written evidence.

16. At least 40 days before the hearing is scheduled to commence(on or before October 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.

17. At least 28 days before the hearing is scheduled to commence (on or before November 4, 2024), the Parties shall provide copies of their visual evidence to all of the other Parties. The Tribunal and all Parties shall be notified if a model will be used, all Parties must have a reasonable opportunity to view it before the scheduled commencement of the hearing.

18. A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. Such a motion shall be in accordance with the Tribunal’s Rule 10, which requires that the moving Party provide copies of the motion to all other Parties at least 15 days (on or before November 18, 2024) before the Tribunal hears the motion.

19. A Party who provides a witness’ written evidence to the other Parties must have the witness attend the hearing to give oral evidence, unless the Party notifies the Tribunal at least 7 days (on or before November 25, 2024) before the hearing that the written evidence is not part of their record.

20. At least 28 days before the hearing is scheduled to commence (on or before November 4, 2024), the Parties shall prepare and file a detailed Work Plan that identifies the following, at a minimum: the identified Parties participating in the Hearing Event, preliminary matters (if any to be addressed), the date a witness is intended to attend the Tribunal, the identified witness name/expertise, and the approximate time allotted for Examination in Chief, Cross Examination and any re-examination (if any) (the “Work Plan”). The Work Plan should be adhered to guide the Hearing Event to the best ability of all the Parties, and any and all witnesses shall be available on the identified date(s), unless otherwise directed by the Tribunal. The Tribunal may, at its discretion, change or alter the Work Plan throughout the Hearing Event.

21. The Parties shall prepare a Joint Document Book at least 20 days before the hearing is scheduled to commence (on or before November 12, 2024), and which one (1) hard copy will be filed with the Tribunal as soon as practicable in advance of the Hearing. All Parties must be served with the Joint Document Book in paper or an accessible electronic format in accordance with Section 23.

22. 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 at least 90 days before the Expert Witness Statements as in Section 14 (on or before July 2, 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.

23. All filing of documents and materials shall be electronic to the Tribunal, the Parties and Participants (if any). The Tribunal will be provided a hard copy of documents and materials in advance of the hearing event as soon as practicable. 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. All documents to be filed with the Tribunal shall be organized, tabbed and digitally searchable and such materials will be filed in accordance with directions contained in the Tribunal’s Video Hearing Guide, dated July 2, 2020, or as may be amended. Section 23 applies regardless if the hearing event is in-person or electronic.

24. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness or as permitted by Section 22. The Tribunal’s Rule 17 applies to such requests.

25. The Tribunal may conduct mediation on consent of all Parties, on consent of those Parties who wish to participate in mediation, or if the Tribunal sees fit.

26. The purpose of this Procedural Order and the meaning of the terms used in this Procedural Order are set out in Attachment 5.

This Member is not seized.

So orders the Tribunal.

ATTACHMENT 1

SUMMARY OF DATES

DATE

EVENT

(90 days before Witness Statement date) July 2, 2024

Last date to provide copies of revised proposal, including all revised plans and drawings (if any)

(118 days prior to hearing) August 6, 2024

Exchange of witness lists (names, disciplines and order to be called)

(98 days prior to hearing) August 26, 2024

Last date to challenge identification of expert witness

(80 days prior to hearing) September 13, 2024

Experts meeting prior to this date

(80 days prior to hearing) September 13, 2024

Agreed Statement of Facts

(63 days prior to hearing) September 30, 2024

Exchange of Witness Statements, summoned witness outlines, Expert Reports and Participant Statements

(45 days prior to hearing) October 18, 2024

Exchange of Reply Witness Statements (if any)

(40 days prior to hearing) October 23, 2024

Parties to Advise Tribunal if any hearing dates are to be released from the hearing calendar (if any)

(28 days prior to hearing) November 4, 2024

Exchange of visual evidence (if any)

(28 days prior to hearing) November 4, 2024

Final Work Plan filed with the Tribunal

(20 days prior to hearing) November 12, 2024

Finalize Joint Document Book

December 2, 2024

Hearing commences

ATTACHMENT 2

LIST OF PARTIES AND PARTICIPANTS

A. PARTIES

Counsel/*Agent

396 Church LP

David Bronskill Goodmans LLP Bay Adelaide Centre - West Tower 333 Bay Street, Suite 3400 Toronto, ON M5H 2S7 David Bronskill Email: dbronskill@goodmans.ca

Tel: 416.597.4299

City of Toronto

Daniel Elmadany/Uttra Gautam City of Toronto, Legal Services Metro Hall, 26th Floor 55 John Street Toronto, Ontario M5V 3C6 E-mail: Daniel.Elmadany@toronto.ca

Uttra.Gautam@toronto.ca Tel: 416.397.5709/416.396.7986

St. Michael’s Hospital

Michael Foderick/Daniel Angelucci McCarthy Tetrault LLP Suite 5300 66 Wellington Street West TD Bank Tower, Box 48 Toronto, ON M5K 1E6

McGill-Granby Village Residents’ Association

Kelly McDonald

B. PARTICIPANTS

Mary Eastwood

Ontari Holdings Ltd.

Jennifer Rayner

ATTACHMENT 3

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

Planning Act

1. Does the proposed development have regard for matters of provincial interest set forth in Section 2 of the Planning Act, including subsections 2(h), (j), (n), (o), (q) and (r)?

2. Would approval of the proposed development by the Tribunal have regard to the decision of City Council and the information and material that City Council considered in making its decision as required by Section 2.1 of the Planning Act?

Provincial Policy Statement (2020)

3. Is the proposed development, Official Plan Amendment and Zoning By-law Amendment consistent with Provincial Policy Statement, 2020 as required by subsection 3(5) of the Planning Act, including policies 1.1.3.3, 1.1.3.4, 1.1.3.1, 1.4.3, 1.5.1, 1.6.1, 1.6.2, 1.6.6, 1.7.1, and 4.6?

A Place to Grow – Growth Plan for the Greater Golden Horseshoe (2020)

4. Does the proposed development, Official Plan Amendment and Zoning By-law Amendment conform to the A Place to Grow: Growth Plan for the Greater Golden Horseshoe (August 28, 2020 Consolidation) as required by subsection 3(5) of the Planning Act, including policies 1.2.1, 2.2.1.4, 2.2.2.3, 2.2.5.3, 2.2.6, 3.2.6, 3.2.7 and 5.2.5?

City of Toronto Official Plan

5. Does the proposed development, Official Plan Amendment and Zoning By-law Amendment conform with the policies of the City of Toronto Official Plan, including:

a. Downtown: The Heart of Toronto (Section 2.2.1.4);

b. Healthy Neighbourhoods (Section 2.3.1);

c. The Public Realm (Section 3.1.1);

d. Built Form (Section 3.1.3);

e. Built Form – Building Types (Section 3.1.4);

f. Housing (Section 3.2.1);

g. Park and Open Spaces (Section 3.2.3);

h. The Future of Retailing (3.5.3);

i. Neighbourhoods (Section 4.1);

j. Mixed Use Areas (Section 4.5.2);

k. Implementation (Sections 5.2, 5.3.1, 5.3.2, 5.6)?

Downtown Secondary Plan

6. Does the proposed development conform with the following policies of the Downtown Secondary Plan being Section 6, Chapter 41 of the Official Plan:

a. How to Read this Plan (Policies 1.5, 1.6, 1.7);

b. Goals (Policies 3.1; 3.3; 3.5);

c. Directing Growth (Policies 4.1 and 4.2);

d. Land Use and Economy (Policies 6.28, 6.40, 6.41, 6.43);

e. Parks and Public Realm (Policies 7.2, 7.3, 7.34, 7.36);

f. Mobility (Policies 8.5, 8.27);

g. Built Form (Policies 9.1, 9.3, 9.4, 9.8; 9.9; 9.10, 9.14, 9.17, 9.18, 9.22-9.27, 9.29);

h. Housing (11.1; 11.4)

i. Interpretation (15.1)?

Specific and Area Specific Policies (SASP)

7. Does the proposed development, Official Plan Amendment and Zoning By-law Amendment conform with Chapter 7, Site and Area Specific Policy 151 of the Official Plan?

8. Do the proposed development, the proposed Official Plan Amendment, and Zoning By-law Amendments conform with Chapter 7, Site and Area Specific Policy 461, Garden District of the Official Plan, including but not limited to Policy 3.3 and 3.4?

9. Does the proposed development, Official Plan Amendment and Zoning By-law Amendment conform with conform with Chapter 7, Site and Area Specific Policy 517, Downtown Tall Building Setbacks of the Official Plan?

Proposed Amendments to the Official Plan

10. Is the proposed development compatible with its physical context and does the Official Plan Amendment to permit the proposed development not affect nearby Neighbourhoods or Apartment Neighbourhoods in a manner contrary to the neighbourhood protection policies of the Plan?

Guidelines

11. Does the proposed development meet the intent and purpose of the Tall Building Design Guidelines (2013) and the Downtown Tall Building Vision and Supplementary Design Guidelines (2012)?

12. Does the proposed development meet the intent and purpose of the Retail Design Manual (2020)?

13. Does the proposed development meet the intent and purpose of the Growing Up: Planning for Children in New Vertical Communities, Urban Design Guidelines (2020)?

Land Use Planning and Urban Design

14. Do the proposed development, the Official Plan Amendment, and Zoning By-law Amendments represent an appropriate height, mass, scale and type of development that is appropriate for the site and the surrounding area and does it provide an appropriate transition in scale and massing to adjacent areas, including Neighbourhoods and adjacent lands?

15. Do the proposed development, Official Plan Amendment and Zoning By-law Amendment represent good land use planning and urban design including:

a. Fitting within the existing and planned context;

b. Providing for an appropriate built form, massing and scale, building setbacks and stepbacks, streetwall height, and building height; and,

c. Providing for appropriate built form relationship to the adjacent and abutting properties regarding the proposed setbacks, stepbacks, base building heights, overall building height, and separation distances?

16. Does the proposed development:

a. maximize access to sunlight and open views of the sky from the public realm; and

b. protect privacy within adjacent buildings and lands?

At-Grade Relationship

17. Does the proposed development establish appropriate relationships at grade, including but not limited to provision of an appropriate pedestrian realm, streetscaping and contributions to public space?

Public Realm

18. Does the proposed development and Zoning By-law Amendment demonstrate that the proposed planting and soil volume for trees and their growing space above and below ground will be achieved?

Housing

19. Does the proposed development and Zoning By-law Amendment achieve a balanced mix of unit types and sizes to support the creation of housing suitable for families, meet the intent and purpose of the Growing Up: Planning for New Vertical Communities, Urban Design Guidelines (2020) and in conformity with Section 11 of the Downtown Plan?

Noise Impacts

20. Does the application adequately mitigate the reception of noise from the as-of-right operations of Toronto Metropolitan University (TMU)?

Municipal Servicing

21. Has the proposed development and Zoning By-law Amendment demonstrated that there is sufficient water, wastewater and sanitary services available to service the proposed development, taking into account existing, planned and proposed development within the applicable water, wastewater or sanitary servicing distribution network?

22. If not, should a holding (“H”) symbol be imposed on any Zoning By-law Amendment for the lands until such time as sufficient water, wastewater and/or sanitary services can be made available to service the proposed development, including any required improvements and/or upgrades to municipal infrastructure?

Public Interest and Good Planning

23. Is the proposed Official Plan Amendment good planning and in the public interest?

24. Are the proposed Zoning By-law Amendments good planning and in the public interest?

Conditions to OLT Order on of the Official Plan and Zoning By-law Amendment

25. In the event that the Ontario Land Tribunal allows the appeal in whole or in part, City Council authorize the City Solicitor to request that the issuance of any final Order(s) be withheld until such time as the City Solicitor has advises the Tribunal that:

a. the final form and content of the draft Official Plan and Zoning By-law are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

b. should one or more existing rental units be confirmed on-site, the Owner has provided an acceptable Tenant Relocation and Assistance Plan to address Official Plan Policies 3.2.1.12, as applicable, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

c. the Owner has, at its sole cost and expense:

i. submitted a revised Functional Servicing Report, Stormwater Management Report, and Hydrogeological Review, including the Foundation Drainage Report or addendums ("Engineering Reports"), to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water;

ii. secured the design and provision of financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Engineering Reports, to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water, should it be determined that improvements or upgrades are required to support the development, according to the accepted Engineering Reports, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water; and

iii. ensured the implementation of the accepted Engineering Reports does not require changes to the proposed amending By-laws or any such required changes have been made to the proposed amending By-laws, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, including the use of a Holding ("H") By-law symbol regarding any new or upgrades to existing municipal servicing infrastructure as may be required.

B. St. Michael’s Hospital

1. Does the proposed development conflict with any zoning order made by the Minister of Municipal Affairs and Housing pursuant to section 47 of the Planning Act, R.S.O. 1990, c. P.13?

2. Does the proposed development have regard for matters of provincial interest identified in section 2 of the Planning Act, R.S.O. 1990, c. P.13, including, without limitation, the protection of public health and safety, as it relates to emergency air ambulance service for helicopters for the heliport at St. Michael's Hospital?

3. Does the proposed development comply with policy 9.29 of the City of Toronto’s “Downtown Plan” secondary plan?

4. Does the proposed development comply with City of Toronto By-law No. 1432-2017, “To regulate the use of lands in the vicinity of St. Michael's Hospital and The Hospital for Sick Children”, which prohibits any portion of a building or structure, for any purpose, to penetrate into the obstacle limitation surfaces for emergency air ambulance service for helicopters for the heliport at St. Michael's Hospital, as shown on the St. Michael’s Hospital Air Ambulance Service Protection Corridor Map?

5. Has the proposed development and required wind study adequately taken into account rotor downwash and other expected wind impacts on the proposed development associated with emergency air ambulance service for helicopters for the heliport at St. Michael's Hospital?

6. Where potential conflicts with emergency air ambulance service for helicopters for the heliport at St. Michael's Hospital are identified, or where rotor downwash and other expected wind impacts on the proposed development associated with emergency air ambulance service for helicopters for the heliport at St. Michael's Hospital is identified, should the location/placement of structural features of the proposed development be restricted in the proposed official plan amendment and/or zoning by-law amendment?

C. McGill Granby Village Residents’ Association

1. Is the proposed vehicle access location on McGill Street appropriate?

2. Will the proposed development result in unacceptable impacts on parking on McGill Street and Granby Street, including but not limited to parking permits?

3. Does the proposed development achieve appropriate transition to the lands designated as Neighbourhoods in the City of Toronto Official Plan?

4. Will the proposed development achieve an appropriate streetscape on McGill Street and Church Street, including but not limited to existing and proposed street trees?

ATTACHMENT 4

ORDER OF EVIDENCE

1. 396 Church LP

2. City of Toronto

3. St. Michael’s Hospital

4. McGill Granby Village Residents’ Association

5. 396 Church LP, (reply if any)

ATTACHMENT 5

Purpose of the Procedural Order and Meaning of Terms

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. If an unincorporated group wishes to become a Party, 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, must ask the Tribunal to permit this.

Participant is an individual, group or corporation, whether represented by a lawyer or not, who may attend only part of the proceeding but who makes a written statement to the Tribunal on all or some of the issues in the hearing in accordance with Rule 7.7 of the Tribunal’s Rules of Practice and Procedure.

NOTE that such persons will likely not receive notice of a mediation or conference calls on procedural issues. They also cannot ask for costs, or review of a decision as Parties can.

Written and Visual Evidence:

Written evidence includes all written material, reports, studies, documents, letters and witness statements which a Party 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 intends to present as evidence at the hearing.

Witness Statements:

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 the witness will discuss and the witness’ opinions on those issues; and a list of reports that the witness will rely on at the hearing.

An expert witness statement should include the expert’s (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 for the opinions and (5) a list of reports that the witness will rely on at the hearing.

A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a list of the issues which the participant will address and a short outline of the evidence on those issues; and a list of reports, relied upon, if any, which the participant will provide to the Tribunal for consideration of the written statement at the hearing.

Additional Information:

Summons: A Party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons. This request must be made before the time that the list of witnesses is provided to the Tribunal and the Parties (see Rule 13 on the summons procedure). If the Tribunal requests it, an affidavit must be provided indicating how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the affidavit, it will require that a motion be heard to decide whether the witness should be summoned.

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.

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