Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 25, 2024
CASE NO(S).: OLT-23-000686
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 2350 Yonge Street Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a 50-storey residential building with a 9-storey base and a 41-storey tower including 323 residential units
Reference Number: 22 176294 NNY 08 OZ
Property Address: 2350 – 2352 Yonge Street
Municipality/UT: Toronto / Toronto
OLT Case No.: OLT-23-000686
OLT Lead Case No.: OLT-23-000686
OLT Case Name: 2350 Yonge Street Inc. v. Toronto (City)
Heard: December 5, 2023 by video hearing
APPEARANCES:
Parties
Counsel/Representative*
2350 Yonge
Rodney Gill Matthew Lakatos-Hayward (in absentia)
City of Toronto
Gabe Szobel
297506 Ontario Ltd
Mark Flowers Andrew Valela (in absentia)
Phoenix 2323 Yonge Street Inc. Phoenix 2329 Yonge Street Inc. Phoenix 2345 Yonge Street Inc.
Anne Benedetti
2354 Yonge Street Inc.
Jonathan Cheng Calvin Lantz (in absentia) Hamza Naim (Student at Law)
EPRA-LPRO-SKC 500 Duplex Coalition
Thomas Cohen*
MEMORANDUM OF ORAL DECISION DELIVERED BY G.A. CROSER ON DECEMBER 5, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the second Case Management Conference (“CMC”) to be heard on the appeal of the failure of the City of Toronto (“City”) to make a decision within the statutory timeframe for a Zoning By-law Amendment for the property located at 2350 – 2352 Yonge Street (“Subject Property”). A description of the proposed redevelopment was summarized in the previous decision of Member Bobka issued November 16, 2023, and need not be repeated here.
PARTY STATUS REQUEST
2At the first CMC held on October 26, 2023 (“First CMC”), the Tribunal considered four requests for Party Status. Three of the requests were granted; however, EPRA-LPRO-SKC 500 Duplex Coalition (“Coalition”), an incorporation of four community groups residing near the Subject Property, was provided Participant Status. The Tribunal heard that the Coalition was not intending on retaining an expert witness and there was a perceived overlap between issues raised by the Coalition and the City. As such, it was decided by the Tribunal that the Coalition’s concerns could be raised adequately through the submission of a written statement.
3After the First CMC, the Coalition informed the Tribunal in writing of its intention to hire an expert planner to assist with the appeal. Based on this updated information, the Tribunal revisited the Coalition’s request for Party Status at this CMC. Mr. Tom Cohen appeared on behalf of the Coalition at the CMC and explained that a planner had been retained and that in previous appeals and mediation, the group’s input had proven helpful and constructive. He stated that the Coalition would provide useful insights and knowledge from the community’s perspective, which may be of benefit and interest to the Parties. Further, Mr. Cohen noted that he had reached out to the other Parties in this appeal and there were no objections to the granting of Party Status for the Coalition.
4After hearing Mr. Cohen’s submissions and receiving confirmation from Counsel for the Parties at the CMC that there were no objections, Party Status was granted to the Coalition. The Tribunal acknowledged that, in this matter, involvement from a local community group will contribute to the fair, just and expeditious resolution of the appeal. However, the Tribunal reminded Mr. Cohen that as an added Party, the Coalition’s party status was not absolute. That status could and would be reconsidered by the Tribunal if it was found that the Coalition had merely requested this status to delay proceedings. Mr. Cohen was also reminded that as a Party the Coalition will be expected to fully participate in the process and may be exposed to cost consequences for any frivolous or vexatious conduct.
MEDIATION
5Counsel for the Applicant advised the Tribunal that a date for a Tribunal-led mediation assessment had been set for January 2024. As such, dates in the latter half of 2024 were requested for the scheduling of a hearing to provide sufficient runway for mediation efforts and to avoid the Parties attempting to both mediate and prepare for a hearing at the same time. Counsel for the Applicant will provide the Coalition with the details for the January mediation assessment.
PROCEDURAL ORDER AND ISSUES LIST
6Counsel for the Applicant agreed to circulate among the Parties and will provide to the Tribunal by no later than Friday, December 15, 2023, an updated Issues List and Procedural Order. This was received. However, the Issues List of the Coalition did not reference actual planning grounds for its appeal of the proposed development. The Coalition was provided an opportunity by the Tribunal to correct this oversight and its amended Issues List was received by the Tribunal. The amended Issues List continued to contain argument and suggestive language as opposed to general language and was not appropriate to be approved by the Tribunal.
7The Tribunal determined that it was appropriate to have the Parties attend a Telephone Conference Call (“TCC”) in order to provide direction to the Coalition on its Issues List and hear submissions from the Parties, if any, on the appropriateness of the issues being proposed by the Coalition.
8The Tribunal set a TCC for January 22, 2024, at 9 a.m. The Procedural Order and Finalized Issue List will be attached to the Decision on the TCC.
HEARING
9Upon the request of the Parties, the Tribunal set a nine (9) day hearing commencing on Tuesday, September 10, 2024, at 10 a.m. by Video Hearing.
10Parties 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:
https://global.gotomeeting.com/join/909787981
Access code: 909-787-981
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 into an audio-only telephone line: +1 (647) 497-9391 or Toll Free 1-888-455-1389. The access code is 909-787-981.
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 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
14THE TRIBUNAL ORDERS that:
a. The date and particulars of the hearing are set out above; and
b. EPRA-LPRO-SKC 500 Duplex Coalition is granted Party Status.
c. A Telephone Conference Call is scheduled for January 22, 2024, at 9 a.m.
15The Member is not seized.
“G.A. Croser”
G.A. CROSER
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.