Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
July, 9^th^ 2024
CASE NO.:
OLT-24-000143, OLT-24-000144
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Keeli Li GP Inc.
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
To permit the development of a 33-storey mixed use building
Reference Number:
22 241754 WET 05 OZ
Property Address:
2636, 2640, 2642 and 2654 Eglinton Avenue West and 1856 and 1856A Keele Street
Municipality/UT:
Toronto
OLT Case No.:
OLT-24-000143
OLT Lead Case No.:
OLT-24-000143
OLT Case Name:
Keeli Li GP Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, as amended
Applicant and Appellant:
Keeli Li GP Inc.
Subject:
Site Plan
Description:
To permit the development of a 33-storey mixed use building
Reference Number:
22 241752 WET 05 SA
Property Address:
2636, 2640, 2642 and 2654 Eglinton Avenue West and 1856 and 1856A Keele Street
Municipality/UT:
Toronto
OLT Case No.:
OLT-24-000144
OLT Lead Case No.:
OLT-24-000143
OLT Case Name:
Keeli Li GP Inc. v. Toronto (City)
BEFORE:
Monday, the 8^th^
P. TOMILIN MEMBER
day of July, 2024
THE TRIBUNAL ORDERS that further to the Decision issued on June 24, 2024, the Procedural Order, as agreed to between the Parties and attached here to as Schedule “A”, shall be in force and effect for the purpose of governing the required procedures leading up to and including the hearing, which is scheduled to commence on May 26, 2025. The Tribunal has set aside 10 days for the hearing.
“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.
Schedule “A”
CASE NO(S).: OLT-24-000143
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Keeli Li GP Inc.
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
To permit the development of a 33-storey mixed use building
Reference Number:
22 241754 WET 05 OZ
Property Address:
2636, 2640, 2642 and 2654 Eglinton Avenue West and 1856 and 1856A Keele Street
Municipality/UT:
Toronto
OLT Case No.:
OLT-24-000143
OLT Lead Case No.:
OLT-24-000143
OLT Case Name:
Keeli Li GP Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, as amended
Applicant and Appellant:
Keeli Li GP Inc.
Subject:
Site Plan
Description:
To permit the development of a 33-storey mixed use building
Reference Number:
22 241752 WET 05 SA
Property Address:
2636, 2640, 2642 and 2654 Eglinton Avenue West and 1856 and 1856A Keele Street
Municipality/UT:
Toronto
OLT Case No.:
OLT-24-000144
OLT Lead Case No.:
OLT-24-000143
OLT Case Name:
Keeli Li GP Inc. v. Toronto (City)
- 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
The video hearing will begin on May 26, 2025 at 10:00 a.m.
The length of the hearing is 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 parties and participants are set out in Attachment 1. See Attachment 4 for the meaning of these terms.
The issues are set out in the Issues List attached as Attachment 2. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.
The order of evidence shall be as set out in Attachment 3 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.
Any person intending to participate in the hearing shall provide a mailing address, email address and a telephone number to the Tribunal as soon as possible. Any person who retains a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.
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.
Requirements Before the Hearing
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 Acknowledgment of Expert Duty form(s), and the order in which the witnesses will be called. This list must be delivered on or before January 27, 2025. 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 of Practice and Procedure and notice of same must be served on the parties on or before February 7, 2025.
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, and updated supporting documents and reports to the other parties on or before November 1, 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.
Expert witnesses in the same field shall have at least one meeting before the hearing to try to resolve or reduce 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 on or before March 14, 2025, if agreement is reached.
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. Copies of this must be provided as in paragraph 13. 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 parties at the same time as the delivery of witness statements, as in paragraph 12.
A witness (including any expert witness) or participant must provide to the Tribunal and the parties a witness statement (full disclosure including reports) or participant statement, respectively, on or before March 28, 2025, or the witness may not give oral evidence at the hearing. Participants are only permitted to provide written evidence to the Tribunal, except as permitted by the Ontario Land Tribunal Act, 2021 and the Tribunal's Rules of Practice and Procedure.
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 paragraph 13.
On or before April 11, 2025, the parties may provide to all other parties a written response to any written evidence.
On or before April 17, 2025, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
On or before April 25, 2025, 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, and all parties must have a reasonable opportunity to view it before the scheduled commencement of the hearing.
A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.
A party who provides written evidence of a witness 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 before the hearing that the written evidence is not part of their record.
On or before May 9, 2025, the parties shall prepare and file a detailed Hearing 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 “Hearing Plan”). The Hearing 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 Hearing Plan throughout the Hearing Event.
The parties shall prepare a Joint Document Book on or before May 9, 2025 and which, if requested by the Tribunal, 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 paragraph 23.
All filing of documents and materials shall be electronic to the Tribunal, the parties and participants. The Tribunal will be provided a hard copy of documents and materials in advance of the hearing event as soon as practicable should it request same. 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, or as may be amended. Paragraph 23 applies regardless if the hearing event is in-person or electronic.
No adjournments or delays will be granted before or during the hearing except for serious hardship or illness or as permitted in paragraph 10. The Tribunal’s Rule 17 applies to such requests.
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.
The purpose of this Procedural Order and the meaning of the terms used in this Procedural Order are set out in Attachment 4.
This Member is not seized.
So orders the Tribunal.
BEFORE:
Member
Date:
“Euken Lui”
EUKEN LUI
ACTING REGISTRAR
SUMMARY OF DATES
DATE
EVENT
November 1, 2024
Last date to provide copies of revised proposal, including all revised plans and drawings (if any)
January 27, 2025
Exchange of witness lists (names, disciplines and order to be called)
February 7, 2025
Last date to challenge identification of expert witness
March 14, 2025
Experts meeting prior to this date
March 14, 2025
Agreed Statement of Facts
March 28, 2025
Exchange of Witness Statements, summoned witness outlines, Expert Reports and Participant Statements
April 11, 2025
Exchange of Reply Witness Statements (if any)
April 17, 2025
Parties to Advise Tribunal if any hearing dates are to be released from the hearing calendar (if any)
April 25, 2025
Exchange of visual evidence (if any)
May 9, 2025
Final Hearing Plan filed with the Tribunal
May 9, 2025
Finalize Joint Document Book
May 26, 2025
Hearing commences
ATTACHMENT 1 PARTIES/PARTICIPANTS
Parties
Keeli Li GP Inc. David Bronskill (416) 597-4299 dbronskill@goodmans.ca
City of Toronto Kasia Czajkowski/Adam Ward (416) 338-5725/(416) 394-2787 kasia.czajkowski@toronto.ca/adam.ward@toronto.ca
Metrolinx Jennifer Evola/Signe Leisk (416) 860-6753/(416) 869-5411 jevola@cassels.com/sleisk@cassels.com
Participants
N/A
ATTACHMENT 2 ISSUES LIST
City of Toronto
- Do the proposed development and Zoning By-Law Amendments have appropriate regard for the matters of provincial interest as set out in Section 2 of the Planning Act, in particular subsections 2(h) and 2(r)?
Provincial Policy Statement (2020)
- Are the proposed development and Zoning By-law Amendments consistent with the Provincial Policy Statement (2020) pursuant to Section 3(5) of the Planning Act, including Sections 1.1.1 and 4.6?
A Place to Grow – Growth Plan for the Greater Golden Horseshoe (2020)
- Do the proposed development and Zoning By-law Amendments conform to and not conflict with the A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) pursuant to Section 3(5) of the Planning Act, including Sections 1.2.1, 2.2.1, and 2.2.6?
City of Toronto Official Plan
- Do the proposed development and Zoning By-law Amendments conform with the policies of the City of Toronto Official Plan with respect to:
a. Structuring Growth In The City: Integrating Land Use and Transportation (2.2)
b. Avenues (2.2.3)
c. Healthy Neighbourhoods (2.3.1)
d. The Public Realm (3.1.1)
e. Built Form (3.1.3)
f. Built Form – Building Types (3.1.4)
g. Housing (3.2.1.12)
h. Mixed Use Areas (4.5)?
Eglinton Connects Planning Study
- Does the proposed development have appropriate regard to Official Plan Amendment 253 and associated Site and Area Specific (SASP) 476, and Official Plan Amendment 570 and associated Site and Area Specific (SASP) 673?
City of Toronto Guidelines
Does the proposed development meet the intent and purpose of the City of Toronto Tall Building Design Guidelines?
Does the proposed development meet the intent and purpose of the Eglinton Connects Urban Design Guidelines?
Does the proposal meet the requirements of the Toronto Green Standard?
Site Specific Issues
- Is the site organization and built form of the proposed development appropriate, including:
i. Are the proposed building form, massing, height, setbacks and stepbacks, and separation distances appropriate?
ii. Is the transition between areas of different intensity and scale, particularly to the lower scale Neighbourhoods to the north, appropriate?
iii. Does the proposed building provide appropriate setbacks along Eglinton Avenue West and Keele Street to include sufficient space for healthy and mature street trees with adequate soil volume, street furniture, and an unobstructed accessible pedestrian clearway?
iv. Are the indoor amenity space and outdoor amenity space appropriate in size and location?
v. Are the shadow impacts from the proposed development acceptable?
vi. Are the wind impacts from the proposed development acceptable?
vii. Is the proposed vehicular access to the site, parking and loading acceptable?
viii. Does the proposed development represent principles of good planning and urban design?
- Are the proposed Zoning By-law Amendments good planning and in the public interest?
Implementation
- If the proposed development is approved in whole or in part, should the Tribunal Order be withheld until the following conditions are satisfied and the Tribunal receives confirmation from the City Solicitor that:
a. The final form and content of the Zoning By-law Amendment is satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor;
b. The owner has addressed all outstanding issues identified within the Engineering and Construction Services memorandum, dated February 12, 2024, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;
c. The owner has submitted a revised Functional Servicing and Stormwater Management Report, Servicing Report Groundwater Summary, Foundation Drainage Summary Form, Foundation Drainage Technical Brief and Hydrological Review Summary, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;
d. The owner makes satisfactory arrangements with Engineering and Construction Services and enters into the appropriate agreement(s) with the City for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, according to the Functional Servicing and Stormwater Management Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services;
e. Should it be determined that upgrades are required to the infrastructure to support the development according to the accepted Functional Servicing and Stormwater Management Report and/or the Transportation Impact Study, a Holding Provision be included in the final form of the Zoning By-law Amendment, and the Holding Provision not to be lifted until such a time as the owner has made satisfactory arrangements, including entering into appropriate agreement(s) with the City for the design and construction of any improvements to the municipal infrastructure and the provision of financial securities to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and the General Manager, Transportation Services.
f. The owner has submitted an Environmental Noise and Vibration Assessment, such report to be peer reviewed by a third-party consultant on behalf of the City and at the owner's expense, to the satisfaction of the Chief Planner and Executive Director, City Planning;
g. The owner has provided a revised Pedestrian Level Wind Study, including a revised Wind Tunnel Study, to the satisfaction of the Chief Planner and Executive Director, City Planning;
h. The owner has addressed all outstanding issues raised by Metrolinx noted in correspondence dated March 28, 2023, including the need for a technical review and required revisions, to the satisfaction of the Manager, Technical Review, Metrolinx;
i. The owner has conveyed the required road widenings along both Keele Street and Eglinton Avenue West, as noted in correspondence dated February 12, 2024, to the satisfaction of the General Manager, Transportation Services;
j. The owner has submitted a revised Transportation Impact Study, including all requested revisions, to the satisfaction of the General Manager, Transportation Services;
k. The owner has addressed all outstanding issues raised by Urban Forestry noted in correspondence dated March 29, 2023, including the need for an updated Arborist Report, Landscape Plan, Planting Plan and Soil Volume Plan, all to the satisfaction of the General Manager of Parks, Forestry and Recreation;
l. The owner has made revisions to meet the Toronto Green Standard requirements to the satisfaction of the Chief Planner and Executive Director, City Planning; and
m. The owner has provided an acceptable Tenant Relocation and Assistance Plan to address Official Plan Policies 3.2.1.12, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.
Metrolinx
Does the proposed development and proposed Zoning By-law have appropriate regard for matters of provincial interest as set out in section 2 of the Planning Act, including but not limited to sections 2(h), 2(n), 2(p), and 2(r)?
Is the proposed development and proposed Zoning By-law consistent with the Provincial Policy Statement 2020, including but not limited to policies 1.1.1, 1.1.3, and 1.4.3?
Does the proposed development and proposed Zoning By-law conform with A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2019, as amended, including but not limited to policies 1.2, 1.2.1, 2.1, 2.2.1.4, 2.2.4, 2.2.6?
Does the proposed development and proposed Zoning By-law conform with the City of Toronto Official Plan, including but not limited to policies 3.1.3.1, 3.1.3.3, 3.1.3.5, 3.1.3.7, 3.1.4.1, 3.1.4.10, 3.1.4.11, and 4.5.2?
Does the proposed development and proposed Zoning By-law provide appropriate setbacks and tower separation to neighbouring properties, including meeting the general intent of the City’s Tall Building Design Guidelines?
Is the subject site of an appropriate size to be a tall building site; do the proposed tower setbacks export on-site setback requirements onto adjacent lands?
Does the proposed development represent overdevelopment of the site?
Does the proposed development and proposed Zoning By-law take into consideration the existing and future condition of the Metrolinx Lands, including transit infrastructure such as steam vents above Keelesdale Station?
Does the proposed development and proposed Zoning By-law represent good planning?
If the proposed development and Zoning By-law are approved in whole or in part, should the Tribunal Order be withheld until the following conditions are satisfied and the Tribunal receives confirmation from Metrolinx that:
a. The owner has addressed all outstanding issues raised by Metrolinx noted in correspondence dated February 6, 2023, including the need for a technical review and required revisions, to the satisfaction of the Manager, Technical Review, Metrolinx?
ATTACHMENT 3 ORDER OF EVIDENCE
Keeli Li GP Inc.
City of Toronto
Metrolinx
Keeli Li GP Inc., in reply (if any)
Attachment 4 Meaning of terms used in the Procedural Order:
A 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. An unincorporated group cannot be a party and 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 authorisation 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 (CMC), must ask the Tribunal to permit this.
A participant is an individual or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a party may do so). Section 17 of the Ontario Land Tribunal Act states that a person who is not a party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A participant may also be asked questions by the parties should the Tribunal direct a participant to attend a hearing to answer questions on the content of their written submission.
A participant must be identified and be accorded participant status by the Tribunal at the CMC. A participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A participant cannot ask for costs, or review of a decision, as a participant does not have the rights of a party to make such requests of the Tribunal.
Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party or participant 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 or participant intends to present as evidence at the hearing.
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 he or she will discuss ; and a list of reports or materials that the witness will rely on at the hearing.
An expert witness statement should include his or her (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 supporting their opinions and conclusions and (5) a list of reports or materials that the witness will rely on at the hearing. An expert witness statement must be accompanied by an acknowledgement of expert’s duty.
A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a statement of the participant’s position on the appeal; a list of the issues which the participant wishes to address and the submissions of the participant on those issues; and a list of reports or materials, if any, which the participant wishes to refer to in their statement.
Additional Information
A summons may compel the appearance of a person before the Tribunal who has not agreed to appear as a witness. A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons through a request. (See Rule 13 on the summons procedure.) The request should indicate how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the information provided in the request that the evidence is relevant, necessary or admissible, the party requesting the summons may provide a further request with more detail or bring a motion in accordance with the Rules.
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.