Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 5, 2024
CASE NO.: OLT-22-003048
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Titan Developments (2217500 Ontario Ltd.)
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit one residential building and three mixed-use buildings
Reference Number: 21 211444 WET 07 OZ
Property Address: 15, 19, 21 & 23 Toryork Drive
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-22-003048
OLT Lead Case No.: OLT-22-003048
OLT Case Name: Titan Developments (2217500 Ontario Ltd.) v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Titan Developments (2217500 Ontario Ltd.)
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit one residential building and three mixed-use buildings
Reference Number: 21 211444 WET 07 OZ
Property Address: 15, 19, 21 & 23 Toryork Drive
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-22-003049
OLT Lead Case No.: OLT-22-003048
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Titan Developments (2217500 Ontario Ltd.)
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit one residential building and three mixed-use buildings
Reference Number: 21 211444 WET 07 OZ
Property Address: 15, 19, 21 & 23 Toryork Drive
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-22-003050
OLT Lead Case No.: OLT-22-003048
BEFORE:
T.F. NG MEMBER Friday, the 5th day of July, 2024
THESE MATTERS having come before the Ontario Land Tribunal (the “Tribunal”) for a public hearing on July 24, 2023 and the Tribunal, in its decision issued on September 5, 2023 (the “Decision”) having allowed, in part, the appeals of the Official Plan Amendment and Zoning By-law Amendment applications and the Draft Plan of Subdivision, being OLT Case No. OLT-22-003050, being adjourned;
AND THE TRIBUNAL having been advised of a resolution reached between the applicant/appellant, 2217500 Ontario Ltd. (“Applicant”), and the City of Toronto (the “City”) (collectively, the “Parties”) with respect to the Draft Plan of Subdivision appeal;
AND THE TRIBUNAL having read the uncontradicted evidence from Lisa Ward Mather, M. PL., PHD, MCIP, RPP, setting out her expert opinion evidence in the area of land use planning with respect to the Draft Plan of Subdivision appeal and the associated Conditions of Draft Plan Approval;
AND THE TRIBUNAL having received the Draft Plan of Subdivision attached hereto as Attachment 1 to this Order;
AND THE TRIBUNAL having received the Conditions of Draft Plan Approval attached hereto as Attachment 2 to this Order;
AND THE TRIBUNAL finds that approving the Draft Plan of Subdivision in Attachment 1 is consistent with the Provincial Policy Statement, 2020, conforms to the Growth Plan, 2019, the City of Toronto Official Plan, the Emery Village Secondary Plan and has regard for the criteria set out under subsection 51(24) of the Planning Act, and imposing the Conditions of Draft Plan Approval in Attachment 2, is reasonable, having regard to the nature of the development proposed for the subdivision;
THE TRIBUNAL ORDERS THAT in accordance with subsection 51(56) of the Planning Act and on the consent of the Parties:
The Draft Plan of Subdivision appeal is allowed in part, and
Subject to b. below, the Revised Draft Plan of Subdivision prepared by Bousfields Inc. dated June 6, 2024 and appended to this Order as Attachment 1 is hereby approved subject to the fulfillment of the Conditions of Draft Plan Approval set out in Attachment 2 to this Order;
a. The Conditions appended to this Order as Attachment 2 are hereby approved; and
b. Pursuant to subsection 51(56.1) of the Planning Act, final approval of the plan of subdivision is referred to the City.
AND THE TRIBUNAL ORDERS that it may be spoken to in the event that any issues should arise in connection with the implementation of this Order.
“Euken Lui”
EUKEN LUI ACTING REGISTRAR
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.
ATTACHMENT 1
ATTACHMENT 2