Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 20, 2024
CASE NO.: OLT-22-002749
PROCEEDING COMMENCED UNDER section 41(4) of the Ontario Heritage Act, R.S.O. 1990, c. O.21.
Appellant: 1107051 Ontario Ltd.
Appellant: 1572653 Ontario Inc.
Appellant: 1758173 Ontario Ltd.
Appellant: 19 Duncan Property Inc.; and others
Subject: Heritage Conservation District Plan
Description: To designate King-Spadina as a Heritage Conservation District Plan
Reference Number: By-Law 111-2017
Property Address: All lands subject to By-law No. 1111-2017
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-22-002749
Legacy Case No.: MM170097
OLT Lead Case No.: OLT-22-002749
Legacy Lead Case No.: MM170097
OLT Case Name: Bandet v. Toronto (City)
BEFORE:
S. TOUSAW VICE-CHAIR
Tuesday, the 20th day of August, 2024
THIS MATTER having come for a public hearing on January 30, 2024 and the Ontario Land Tribunal (the “Tribunal”) in its Decision and Order issued on February 28, 2024 approved the designation of the King-Spadina area as a Heritage Conservation District under Part IV of the Ontario Heritage Act and approved the King-Spadina Heritage Conservation District Plan, with modifications, under subsection 41(7) and 41.4(4) of the Ontario Heritage Act;
AND THE TRIBUNAL pursuant to subsections 41.1(4) and 41(7) of the Ontario Heritage Act and Rules 24.2 and 24.3 of the Tribunal’s Rules of Practice and Procedure authorized that the City may make an administrative amendment to Appendix “F” contained in Attachment C to its Decision and Order dated February 28, 2024;
AND THE TRIBUNAL having been advised that the City of Toronto seeks to make an administrative amendment to update the approved development applications identified in Appendix “F” contained in Attachment C, to be replaced with an updated and consolidated Appendix “F” contained in Attachment 1 to this Order;
AND THE TRIBUNAL pursuant to Rules 24.2 and 24.3 of the Tribunal’s Rules of Practice and Procedure and the Tribunal’s Decision and Order dated February 28, 2024 that the requested amendment to Appendix “F” in this Order shall be effective as of February 28, 2024;
AND THE TRIBUNAL having been advised that it has come to the attention of the City that Attachment B to the Tribunal’s Decision and Order dated February 28, 2024 contained municipal addresses that did not reflect the municipal numbering and primary addresses listed within the approved King-Spadina Heritage Conservation District Plan;
AND THE TRIBUNAL has been advised that the municipal addresses contained in the approved King-Spadina Heritage Conservation District Plan are correct, and the City seeks to technically correct Attachment B to the Tribunal’s Decision and Order dated February 28, 2024 to be consistent with the approved King-Spadina Heritage Conservation District Plan;
AND THE TRIBUNAL pursuant to Rule 24.4 of the Tribunal’s Rules of Practice and Procedure authorizes that the Tribunal may at any time correct technical errors in a decision or order;
THE TRIBUNAL ORDERS that:
a. Appendix “F” contained in Attachment C to the Tribunal’s Decision and Order dated February 28, 2024 in this matter is replaced with Attachment “A” to this Order;
b. Attachment “B” to the Tribunal’s Decision and Order dated February 28, 2024 in this matter is replaced with Attachment “B” to this Order;
c. The City Clerk is authorized to format the amendments to By-law 1111-2017, as amended by By-law 1241-2017, in accordance with Attachment “A”, Attachment “B” and Attachment “C” to Tribunal’s Decision and Order dated February 28, 2024, as amended by this Order, as may be necessary, for record keeping purposes, notice to the Ontario Heritage Trust and registration purposes;
d. The City Clerk and the City Solicitor are authorized to cause a copy of the approval of By-law 1111-2017, as amended by By-law 1241-2017 and by Tribunal’s Decision and Order dated February 28, 2024, as amended by this Order, to be registered against title to the properties listed in Attachment B to this Order in the proper Land Registry Office and the City Clerk is authorized to cause notice of the approval of By-law 1111-2017, as amended by By-law 1241-2017 and by Tribunal’s Decision and Order dated February 28, 2024, as amended by this Order, to be served upon the Ontario Heritage Trust.
“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