Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: July 12, 2024 CASE NO(S).: OLT-23-000632

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

Applicant and Appellant: Spire Properties Ltd. Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To permit the construction of a 24-storey Mixed-use building Reference Number: 22 198781 STE 13 OZ Property Address: 237 Victoria Street Municipality: Toronto OLT Case No.: OLT-23-000632 OLT Lead Case No.: OLT-23-000632 OLT Case Name: Spire Properties Ltd. 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: Spire Properties Ltd. Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit the construction of a 24-storey mixed-use building Reference Number: 22 198781 STE 13 OZ Property Address: 237 Victoria Street Municipality: Toronto OLT Case No.: OLT-23-000633 OLT Lead Case No.: OLT-23-000632

Heard: July 9, 2024

APPEARANCES:

Parties Spire Properties Ltd. City of Toronto St. Michael’s Hospital The Hospital for Sick Children Youthdale Limited 727017 Ontario Inc. 1853569 Ontario Inc. Farag Properties Sunwing Canada Inc. Yorkland Group Holdings Inc.

Counsel David Bronskill Jessica Amey Daniel Angelucci Brett Davis Jennifer Evola Aaron Platt Thomas McRae Mithea Murugesu Grace O’Brien

MEMORANDUM OF ORAL DECISION DELIVERED BY JACKIE DENYES AND DOUGLAS COLBOURNE ON JULY 9, 2024, AND ORDER OF THE TRIBUNAL

INTRODUCTION

1The matter before the Tribunal is technically the fourth (4th) scheduled Case Management Conference (“CMC”) for appeals pursuant to Sections 22 (7) and Section 34 (11) of the Planning Act (“Act”) regarding an Official Plan Amendment and Zoning By-law Amendment application to permit the construction of a 24-storey mixed-use building with a height of 75.4 metres (“m”) to top of roof and 79 m to top of mechanical.

2The subject property (“Subject Property”) is located at 237 Victoria Street within the Downtown Area of the Municipality of Toronto. The Subject Property also falls within the boundaries of the Downtown Secondary Plan, which designates the property as Mixed Use Areas 1 – Growth. The Downtown Secondary Plan permits a tall building on the Subject Property and promotes higher density development in proximity to existing and planned rapid transit stations.

3Ms. Amey on behalf of the City indicated that, if the Applicant expands the development of the land being sought, Notice is required, which may result in further Parties, and, the City may have to provide a revised Issues List.

4In response, Mr. Bronskill indicated that a clause is included in an Issues List that indicates Parties can revise the Issues List and that Notices required can be further sent out. Mr. Bronskill stated that he was not sure if the OPA boundaries will be changed but that he anticipates that discussions will continue among Counsel. It was Mr. Bronskill’s request to proceed to attain Hearing dates on this matter.

PROCEDURAL ORDER, ISSUES LIST AND MEDIATION

5The Parties requested that this matter go directly to a 10-day Merit Hearing commencing in the first quarter of 2025. As such, a Merit Hearing has been scheduled to commence by video on Monday, March 10, 2025 at 10:00 (10) a.m., continuing each weekday until 5:00 (5) p.m. Friday, March 21, 2025.

6Further, the Parties agreed that a Procedural Order and Issues List will be filed by Friday, August 9, 2024 at 4:30 p.m., to allow the Parties ample opportunity to provide comments.

7And further, the Parties agreed that a Hearing Plan be filed by Friday, February 28, 2025 at 4:30 p.m.

8The Tribunal confirmed the consent of all Parties.

9The Merit Hearing is scheduled to proceed for 10 days by video, commencing on Monday, March 10, 2025 at 10 a.m. and proceeding each weekday from 10 a.m. to 5 p.m., until Friday, March 21, 2025.

10Parties and Participants are asked to log in to the Hearing by video at least 15 minutes before the start of the event to test their video and audio connections:

GoTo Meeting: https://global.gotomeeting.com/join/979388733

Access code: 979-388-733

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 in to an audio-only telephone line: +1 (647) 497-9373 or (Toll-Free/Alternate): 1-888-299-1889. The access code is 979-388-733.

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

9THE TRIBUNAL ORDERS:

(a) The Applicant shall file a Procedural Order and Issues List by Friday, August 9, 2024, at 4:30 p.m.

(b) The Applicant shall file a Hearing Plan by Friday, February 28, 2025, at 4:30 p.m.

(c) A Merit Hearing is scheduled to commence by video on Monday, March 10, 2025 at 10:00 a.m. and to proceed for 10 business days, ending on Friday, March 21, 2025 at 4:30 p.m.

10There will be no further notice.

11The Members are not seized on this matter.

“Jackie Denyes”

JACKIE DENYES

MEMBER

“D.S. Colbourne”

D.S. COLBOURNE

VICE-CHAIR

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.