Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 13th, 2024
CASE NO.: OLT-24-000665
PROCEEDING COMMENCED UNDER subsection 42(10) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant: Bloor Riverview Residences Corp.
Description: Determination of the value of land
Reference Number: Building Permit No. 19-233533
Property Address: 2442 - 2454 Bloor Street West
Municipality/UT: Toronto
OLT Case No.: OLT-24-000665
OLT Lead Case No.: OLT-24-000665
OLT Case Name: Bloor Riverview Residences Corp. v. Toronto (City)
BEFORE:
S. BRAUN VICE CHAIR
Friday, the 13th day of September, 2024
THE TRIBUNAL ORDERS that the Procedural Order, as agreed to between the Parties and attached hereto 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 April 14, 2025. The Tribunal has set aside 4 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”
ISSUE DATE: CASE NO.: OLT-24-000665
PROCEEDING COMMENCED UNDER subsection 42(10) and (12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant: Bloor Riverview Residences Corp.
Subject: Cash in Lieu of Parkland
Purpose: To determine the land value and amount payable to the City
Reference Number: Permit Application # 19-233533 STR 00 CP
Property Address: 2442-2454 Bloor Street West
Municipality: Toronto
OLT Case No.: OLT-24-000665
PROCEDURAL ORDER
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 hearing will begin on May 13, 2025.
The length of the hearing will be 4 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 procedural order deadlines are generally found in Attachment 1.
The Parties and Participants are listed in Attachment 2 to this Order.
The sole issue for this hearing is set out in Attachment 3 to this Order. 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 is set out in Attachment 4 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.
If the hearing is to proceed electronically, 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 (https://olt.gov.on.ca/tribunals/lpat/).
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 and the order in which they will be called. This list must be delivered on or before January 24, 2025. For expert witnesses, a Party is to identify the area of expertise in which the witness is proposed to be qualified and must include a copy of the witness's curriculum vitae and Acknowledgment of Expert's Duty Form.
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 Section 12. 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.
A non-expert witness must provide to the Tribunal and the Parties a witness statement, as in Section 12, or the witness may not give oral evidence at the hearing.
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 Section 12.
On or before March 7, 2025, the Parties shall provide copies of their witness statements and expert witness statements (full disclosure including reports) to the other Parties and to the OLT case co-ordinator in accordance with Section 23 below.
On or before April 4, 2025, the Parties may provide to all other Parties a written response to any written evidence.
Expert witnesses in the same discipline(s) shall have at least one meeting before the hearing to try to resolve or reduce the 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 April 25, 2025.
The Parties shall prepare and file joint or individual document books on or before May 6, 2025. One hard copy of each document book shall be filed with the Tribunal and provided to each Party that has requested a hard copy as soon as possible in advance of the hearing, in accordance with Section 20.
A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. Such a motion shall be in accordance with the Tribunal’s Rule 10, which requires that the moving Party provide copies of the motion to all other Parties at least 15 days before the Tribunal hears the motion or unless otherwise on a timeline agreed to by the parties.
A Party who provides a witness’ written evidence 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 6, 2025, the Parties shall prepare and file a detailed Work 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 “Work Plan”). The Work 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 Work Plan throughout the Hearing Event.
If the hearing is held virtually, at the time of cross-examination, the Parties shall provide to all Parties and the Tribunal, in a password protected format, any documents that will be used by the Party in cross-examination of an opposing Party's witness, unless the presiding Member directs otherwise. The password protected documents shall only be accessible to the Tribunal and the other Parties if they are introduced as evidence at the hearing.
All filing of documents and materials shall be electronic to the Tribunal, the Parties and Participants (if any). In addition, the Tribunal and each Party that has requested a hard copy shall be provided with a hard copy of documents and materials in advance of the hearing event as soon as practicable. 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, dated July 2, 2020, or as may be amended.
No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.
This Member is not seized.
So orders the Tribunal.
BEFORE:
Name of Member:
Date:
TRIBUNAL REGISTRAR
ATTACHMENT 1
SUMMARY OF DATES
DATE
EVENT
January 24, 2025
Exchange of witness lists (names, disciplines and order to be called)
March 7, 2025
Exchange of Witness Statements, summoned witness outlines and/or Expert Reports
April 4, 2025
Exchange of Reply Witness Statements (if any)
April 25, 2025
Experts Meeting and Agreed Statement of Facts
May 6, 2025
Final Work Plan and Joint Document Book to be filed with the Tribunal
May 13, 2025
Hearing commences
ATTACHMENT 2
LIST OF PARTIES/PARTICIPANTS
PARTIES
- Bloor Riverview Residences Corp. Goodmans LLP 333 Bay St, Suite 3400 Toronto, ON M4E 3B7
Attn: Ian Andres Email: iandres@goodmans.ca Tel: 416.597.5160
- City of Toronto
Legal Services Division Planning & Administrative Tribunal Law 55 John St, 26th Floor Toronto, ON M5V 3C6 Attn: Nathan Muscat Email: nathan.muscat@toronto.ca
Tel: (416) 397-5475
ATTACHMENT 3
ISSUES LIST
- What was the market value of the lands known municipally as 2442-2454 Bloor Street West, Toronto, as of April 25, 2023?
ATTACHMENT 4
ORDER OF EVIDENCE
- Bloor Riverview Residences Corp.
- City of Toronto
- Bloor Riverview Residences Corp. in reply (if any)