Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: August 27, 2024

CASE NO(S).: OLT-23-000093

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

Applicant and Appellant: Donshep Developments Limited

Subject: Request to amend the Official Plan – Failure to adopt the requested amendment

Description: To permit the development of 823 residential units and 982.4 square metres of at-grade commercial space

Reference Number: 22 135742 NNY 17 OZ

Property Address: 2500 Don Mills Road

Municipality: City of Toronto

OLT Case No.: OLT-23-000093

OLT Lead Case No.: OLT-23-000093

OLT Case Name: Donshep Developments Limited 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: Donshep Developments Limited

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description: To permit the development of 823 residential units and 982.4 square metres of at-grade commercial space

Reference Number: 22 135742 NNY 17 OZ

Property Address: 2500 Don Mills Road

Municipality: City of Toronto

OLT Case No.: OLT-23-000094

OLT Lead Case No.: OLT-23-000093

OLT Case Name: Donshep Developments Limited v. Toronto (City)

Heard: August 15, 2024 by Video Hearing

APPEARANCES:

Parties Counsel

Donshep Developments Ltd. Michael Foderick Jamie Cole

City of Toronto Daniel Elmadany Laura Bisset (in absentia)

2076203 Ontario Ltd. and 2076204 Ontario Ltd. Justine Reyes Christopher Tanzola (in absentia)

FVM Property Inc. and CF/Realty Holdings Inc. Max Laskin

Hunters Lodge Apts. Inc. Bruce Engell

DECISION DELIVERED BY ERIC S. CROWE AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This was the second Case Management Conference (“CMC”) with respect to appeals brought pursuant to sections 22(7) and 34(11) of the Planning Act (“Act”) for an Official Plan Amendment (“OPA”) and Zoning By-law Amendment (ZBA”) for the property municipally addressed as 2500 Don Mills Road (“Subject Property”) located in the City of Toronto (“City”), for the failure of council to adopt or to make a decision within the legislated timeframe.

2The purpose of the OPA and ZBA is to permit the development of two towers with heights of 30 and 39 storeys consisting of 823 residential units and 982.4 square metres of at-grade commercial space.

3The Subject Property is situated at the northwest intersection of Don Mills Road and Sheppard Avenue East. The Subject Property currently contains a gas station and associated uses. The Subject Property is designated Mixed-Use Areas within the City’s Official Plan and within the Sheppard East Subway Corridor Secondary Plan. The Subject Property is subject to OPA No. 476 and associated OPA No. 490, which both establish a general planning framework for the block bound by Sheppard Avenue East, Don Mills Road, Leith Hill Road, and St. Timothy's Catholic School.

4FVM Property Inc. and CF/Realty Holdings Inc. were previously added as Parties but advised the Tribunal by their counsel, Max Laskin, that they would not be present and take no issue regarding the CMC.

5In addition, Nuberg & Dale Construction Ltd. and Anspor Construction Ltd. notified the Tribunal by letter that they had withdrawn their appeal, according to their counsel, Aaron Platt.

PARTY STATUS REQUESTS

6There were no more requests for Party or Participant status.

UPDATE

7The principal purpose of the CMC was to deal with disputes between the Parties with respect to the revised drawings/plans (revised plans) submitted by the Applicant after the Procedural Order (“PO”) was already finalized. Based on this, the City is requesting an adjournment of the Hearing commencing on October 21, 2024.

8The Applicant’s counsel, Mr. Foderick, explained they submitted minor revised plans to the Parties on July 26, 2024, from the previously circulated plans of May 17, 2024.

9Counsel for the City, Mr. Elmadany, advised the revised plans by the Applicant are two and a half months after the on-consent PO deadline for the filing of revised plans and twelve (12) business days prior to the scheduled exchange of witness statements. Therefore, Mr. Elmadany submits this prejudices the City’s ability to prepare for a fair hearing and requests the Tribunal adjourn the currently scheduled Hearing on October 21, 2024, until January 2025, with another CMC in late October 2024.

10On August 9, 2024, Mr. Foderick advised he provided an email to the Parties and Tribunal stating they would withdraw the revised plans and would be proceeding based on the original plans circulated to the Parties and Tribunal on May 17, 2024. Mr. Foderick submits that the PO dates could be for the witness exchange, and replies could be pushed back, with all other dates to remain the same.

11Mr. Foderick also provided a case OLT-22-002502 (Artis Yonge Street Ltd. v. Toronto (City), 2023 CanLII 19226 (ON LT)) whereby the Member allowed revised plans after the finalized PO.

12In addition, Mr. Foderick pointed out that City Council had the applications before it on July 26, 2024. Furthermore, there are other Council meetings scheduled for September 5 and October 9 to October 11, 2024, where the City may have opportunities to review these applications further.

13The Applicant and the City both advised there was a possibility to release the first week of the Hearing starting on October 21, 2024 and start the Hearing on October 28, 2024, if the Tribunal decides not to adjourn the hearing dates.

14Ms. Reyes, counsel for 2076203 Ontario Ltd. and 2076204 Ontario Ltd., and Mr. Engell for Hunters Lodge Apartments Inc. advised they took no position. Ms. Reyes advised their client would not be calling any witnesses for the Hearing.

FINDINGS

15The Tribunal has considered the submissions of counsel. Although the revised plans may have been an inconvenience for the City, who had to take the time to review and study the revised plans for a brief period of weeks until the Applicant withdrew those revised plans back to the original plans, the Tribunal does not feel it is necessary to determine if there was procedural fairness issue since the Applicant withdrew the revised plans.

16Although some dates of the PO have to be changed, such as the witness statements exchanges, the Tribunal finds this can be changed without being detrimental to the original hearing date in October 2024.

17The Tribunal understands that City counsel is in a different position than other counsels regarding obtaining instructions for certain applications. However, in this case, according to counsel, City Council had these applications before it on July 24, 2024, and will have other opportunities to review these applications before the start of the Hearing on or before October 28, 2024.

18The Hearing is scheduled to proceed by video on Monday, October 28, 2024, at 10:00 a.m.

19Parties are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections:

GoTo Meeting: https://global.gotomeeting.com/join/660145013

Access Code: 660-145-013

20Parties 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 GoTo Meeting or a web application is available: https://app.gotomeeting.com/home.html

21Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: (Toll-Free) 1-888-299-1889 or +1 (647) 497-9373. The access code is as indicated above.

22Individuals 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

23THE TRIBUNAL HEREBY ORDERS the adjournment request for the Hearing is denied.

24THE TRIBUNAL ORDERS the release of the first week of the Hearing, and the Hearing will begin on Monday, October 28, 2024, at 10:00 a.m. by Video Hearing and ending Friday, November 8, 2024.

25THE TRIBUNAL ORDERS the Procedural Order to reflect the new dates in the revised Procedural Order (Attachment 1).

26The Member is not seized of the matter but, subject to scheduling availability, may be spoken to related to case management.

27No further notice will be given.

“Eric S. Crowe”

ERIC S. CROWE

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.

ATTACHMENT 1