Fieldgate Urban v. Toronto (City), 2024 CanLII 94856

ISSUE DATE: September 26, 2024

CASE NO(S).: OLT-22-003924

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

Applicant/Appellant: Fieldgate Urban

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

Description: To permit a four block, 3034-unit mixed use development

Reference Number: 17 277456 ESC 38 OZ

Property Address: 670, 680 and 690 Progress Avenue

Municipality/UT: Toronto/Toronto

OLT Case No: OLT-22-003924

OLT Lead Case No: OLT-22-003924

OLT Case Name: Fieldgate Urban v. Toronto (City.)

PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Applicant/Appellant: Fieldgate Urban

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

Description: To permit a four block, 3034-unit mixed use development

Reference Number: 17 277456 ESC 38 OZ

Property Address: 670, 680 and 690 Progress Avenue

Municipality/UT: Toronto/Toronto

OLT Case No: OLT-22-003925

OLT Lead Case No: OLT-22-003924

Heard: June 4, 2024 by Video Hearing

APPEARANCES:

Parties

Counsel

Fieldgate Urban ("Applicant")

David Bronskil

City of Toronto ("City")

Derin Abimbola Mark Piel

New-Can Realty Ltd.

Justine Reyes Christopher Tanzola (in absentia)

8104476 Canada Inc.

Meaghan McDermid

MEMORANDUM OF ORAL DECISION DELIVERED BY Nehad Allam AND ERIC CROWE ON June 4, 2024 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1The Applicant seeks to develop a site municipally known as 670, 680 and 690 Progress Avenue in the City (“Subject Property”) to construct a four-block, 3034-unit mixed-use development. To this end, the Applicant had applied to amend the City’s Official Plan (“OPA”) and for a Zoning By-law Amendment (“ZBA”). The Appeals are brought pursuant to sections 22(7) and 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended (“Act”), due to the City’s refusal of the OPA and ZBA.

2On September 23, 2022, the Tribunal held its first Case Management Conference (“CMC”) to organize the appeal, address status requests and establish next steps in this proceeding.

3A second CMC was held on February 27, 2023, to receive status updates from both Parties to organize the Hearing for the appeals.

Main Points of Discussion

4There was no significant development in terms of settlement discussions between the Applicant and the City.

5The main issue is holding the matter related to technical discussions with engineering and complying with the needs and concerns related to the proposed project.

6It was mutually agreed by the Parties that a fourth CMC hearing in October 2024 will be needed after the City Council’s early October meeting, where a Council decision can be reached about the proposed project.

7Discussions will continue between the Applicant and the City toward achieving a resolution as much as possible. Subjects of concern that cannot be agreed upon, need further consideration or require resolution shall be identified and articulated prior to the next CMC Hearing.

8There were no issues raised with service of Notice of the CMC; as such, no further notice is required.

STATUS REQUEST

9No further requests were received for Party or Participant status in this CMC.

OPPORTUNITIES FOR SETTLEMENT

10Counsel for the Parties advised that they are continuing their discussions to resolve matters and will keep the Tribunal up to date with their progress. They shall advise the Tribunal, as soon as possible, of any settlement and are encouraged to narrow the issues.

11They were also made aware that they could engage in Tribunal-assisted mediation when and if required.

THE PARTIES NEXT STEPS

12Counsel for the Applicant and the City are to discuss their concerns in detail and narrow the issues.

13An update of the draft Procedural Order (“PO”) and the Issues List (“IL”) shall be prepared, and the Applicant shall provide them to the Tribunal by Monday, October 7, 2024.

14After hearing from the Parties, the Tribunal concluded that a further CMC Hearing is in order. Accordingly, the Tribunal directed that the fourth CMC be set for 10 a.m. on Thursday, October 17, 2024, by Video Hearing. At the fourth CMC, the Parties are expected to update the Tribunal on the status of the proceeding. In particular, the Parties are to provide a complete and updated PO, including an IL. The City is directed to provide the Applicant with their respective IL 10 days prior to the Hearing.

15Parties 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/687587165

Access Code: 687-587-165

16Parties 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

17Persons 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.

18Individuals 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 CMC 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

19THE TRIBUNAL ORDERS its directions in this Decision.

20There will be no further notice and the Panel Members are not seized.

“N. Allam”

N. ALLAM

MEMBER

“E. Crowe”

E. 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.