Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 25, 2024
CASE NO(S).: OLT-23-001066
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: The Donway East Limited
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit four residential buildings ranging in height from 16 to 32 storeys
Reference Number: 21 223792 NNY 16 OZ
Property Address: 1053 Don Mills Road and 2-6 The Donway East
Municipality: City of Toronto
OLT Case No.: OLT-23-001066
OLT Lead Case No.: OLT-23-001066
OLT Case Name: The Donway East Limited v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: The Donway East Limited
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit four residential buildings ranging in height from 16 to 32 storeys
Reference Number: 21 223797 NNY 16 SB
Property Address: 1053 Don Mills Road and 2-6 The Donway East
Municipality: City of Toronto
OLT Case No.: OLT-23-001067
OLT Lead Case No.: OLT-23-001066
PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A as amended
Applicant and Appellant: The Donway East Limited
Subject: Site Plan
Description: To permit four residential buildings ranging in height from 16 to 32 storeys
Reference Number: 23 139212 NNY 16 SA
Property Address: 1053 Don Mills Road and 2-6 The Donway East
Municipality: City of Toronto
OLT Case No.: OLT-23-001068
OLT Lead Case No.: OLT-23-001066
Heard: January 19, 2024 by Video Hearing ("VH")
APPEARANCES:
Parties
Counsel
The Donway East Limited
Ian Andres
City of Toronto
Amanda Hill
Jason Davidson (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY ASTRID J. CLOS ON January 19, 2024 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference ("CMC") convened for appeals brought by The Donway East Limited ("Appellant") pursuant to s. 34(11) of the Planning Act ("Act"), s. 51(34) of the Act of a Draft Plan of Subdivision ("DPS") and s. 114(15) of the City of Toronto Act of a Site Plan ("SP") related to the parcels municipally addressed as 1053 Don Mills Road and 2-6 The Donway East ("Subject Property") located in the City of Toronto ("City").
2The Subject Property consists of two parcels located at the intersection of The Donway East and Don Mills Road in the community of Don Mills. Together the parcels have an area of approximately 1.87 hectares. An approximately 10.7 metre ("m") wide linear parcel of land owned by the City divides the Subject Property into two separate parcels.
3The Subject Property is occupied by four 3.5-storey residential rental apartment buildings which function as a single apartment complex with shared driveways, landscaped open space, pedestrian walkways and paved surface parking areas including within the City owned land.
4The Appellant submitted the original ZBA and DPS applications in October 2021. In April 2023 the current ZBA, DPS with revisions, as well as a SP were submitted to reflect comments received from the City.
5The purpose of the current ZBA, DPS and SP is to implement a redevelopment of four residential buildings with 29, 25, 24 and 12 storeys. A total of 1,176 units are proposed including 160 rental replacement units ("Proposed Development"). A new on-site municipal park dedication and new privately-owned publicly accessible open space ("POPS") are proposed.
6The City did not make a decision regarding the ZBA, DPS and SP within the statutory timeframes and the applications were subsequently appealed.
7The Affidavit of Service sworn on December 13, 2023, was entered as Exhibit 1.
STATUS REQUEST
8In response to the notice, a Participant status request was received by the Tribunal from Kimberly Sanderson. The Tribunal reviewed the request. Based on the interest demonstrated in this matter and with no opposition from the Parties, the Tribunal granted the request for Participant status to Kimberly Sanderson.
DRAFT PROCEDURAL ORDER
9The Tribunal directed the Parties to file a Draft Procedural Order ("DPO") with the Case Coordinator no later than Wednesday, May 1, 2024.
SECOND CMC
10Ian Andres, Counsel for the Appellant, confirmed that the Parties are jointly requesting that the Tribunal schedule a second CMC. The purpose of the second CMC will be to review the DPO including the Issues List and schedule a Merit Hearing. Mr. Andres confirmed that discussions with the City are ongoing and if a settlement is reached the Parties may request that the Tribunal convert the CMC to a Settlement Hearing. The Tribunal canvassed the availability of the Parties and accordingly scheduled a CMC at 10 a.m. on Friday, May 17, 2024 by VH.
11Parties and Participants are asked to log into the VH at least 15 minutes before the start of the event to test their video and audio connections:
GoTo Meeting: https://meet.goto.com/558205565
Access code: 558-205-565
12Parties 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
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: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889. The access code is the same as the access code noted above.
14Individuals 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.
15The Parties were reminded that Tribunal-led mediation is available at their convenience by contacting the Case Coordinator.
ORDER
16The Tribunal orders that:
a. Participant status was granted to Kimberly Sanderson.
b. The Draft Procedural Order be filed with the Tribunal by the Parties no later than Wednesday, May 1, 2024.
c. A second Case Management Conference is scheduled at 10 a.m. on Friday, May 17, 2024, by Video Hearing.
17This Member is not seized.
18No further notice will be provided.
"Astrid J. Clos"
ASTRID J. CLOS
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.