Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 12, 2024
CASE NO(S).: OLT-23-000436
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Amdev (Abitibi) LP
Subject: Request to amend the Official Plan – Refusal of the application
Description: To permit the development of a 50-storey residential building containing 534 residential units with a total gross floor area of 35,863 square metres and a resulting floor space index of 16.2
Reference Number: 23 171311 NNY 18 OZ
Property Address: 10-18 Abitibi Avenue
Municipality/UT: City of Toronto
OLT Case No.: OLT-24-000436
OLT Lead Case No.: OLT-24-000436
OLT Case Name: Amdev (Abitibi) LP v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Amdev (Abitibi) LP
Subject: Application to amend the Zoning By-law – Refusal of the application
Description: To permit the development of a 50-storey residential building containing 534 residential units with a total gross floor area of 35,863 square metres and a resulting floor space index of 16.2
Reference Number: 23 171311 NNY 18 OZ
Property Address: 10-18 Abitibi Avenue
Municipality/UT: City of Toronto
OLT Case No.: OLT-24-000437
OLT Lead Case No.: OLT-24-000436
Heard: August 7, 2024 by video hearing
APPEARANCES:
Parties
Amdev (Abitibi) LP
City of Toronto
Counsel
David Bronskill
Adam Ward Amanda Hill (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY C.I. MOLINARI ON AUGUST 7, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION AND BACKGROUND
1The Tribunal convened a Case Management Conference (“CMC”) with respect to appeals filed pursuant to s. 22(7) and 34(11) of the Planning Act (“Act”) by Amdev (Abitibi) LP against the City of Toronto for its failure to make a decision on Official Plan Amendment and Zoning By-law Amendment applications (“Applications”) within the timeframe prescribed by the Act.
2The purpose of the Applications is to facilitate the development of a 50-storey, mixed-use building for the lands known municipally as 10-18 Abitibi Avenue, Toronto.
NOTICE
3An Affidavit of Service sworn on July 22, 2024, attesting to the giving of Notice for this proceeding, was marked as Exhibit 1. There were no concerns raised regarding the Notice, and the Tribunal was satisfied that proper notice of this CMC had been provided. In this regard, no further notice is required for the appeals.
PARTY/PARTICIPANT STATUS REQUESTS
4No requests for Party or Participant status were received by the Tribunal in advance of, or during, the CMC.
NEXT STEPS
5Mr. Bronskill advised the Tribunal that the Parties engaged in an alternative dispute resolution process provided for through the Act, which led to the settlement of the appeals, as evidenced through a resolution of City Council, which was marked as Exhibit 3.
6Although the Tribunal expected to convert the CMC to a settlement hearing based on prior emails to the Case Coordinator, Mr. Bronskill indicated, and Mr. Ward agreed, that the Parties would prefer for the settlement to be conducted by way of a written hearing. As well, as a result of a hearing conflict, David MacKay, the intended land use planning witness, was unable to attend to provide oral testimony and instead provided a sworn Affidavit in support of the settlement, marked as Exhibit 2.
7Mr. Bronskill indicated that he would formally request that a written hearing be scheduled via email to the Case Coordinator.
ORDER
8THE TRIBUNAL ORDERS THAT the matter is adjourned pending the scheduling of a written settlement hearing following a formal request for same by the Parties.
9No further notice is required.
10The Member is not seized of this matter.
“C. I. Molinari”
C. I. MOLINARI
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.