Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 27, 2024
CASE NO(S).: OLT-24-000556
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: H&R Properties Limited
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of a 22-storey residential building
Reference Number: 23 180580 WET 02 OZ
Property Address: 710 The West Mall (Formerly 70 Dixfield Drive)
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-24-000556
OLT Lead Case No.: OLT-24-000556
OLT Case Name: H&R Properties Limited v. Toronto (City)
Heard: September 23, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel
H&R Properties Limited
Adrian Frank, Ira Kagan (in absentia)
City of Toronto
Adam Ward
MEMORANDUM OF ORAL DECISION DELIVERED BY JENNIFER GOLD ON SEPTEMBER 23, 2024, AND THE ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) with respect to an Appeal by H&R Properties Limited (“Appellants”). The Appeal arises following a refusal by the City of Toronto (“City”) of the Appellant’s Application concerning a Zoning By-law Amendment (“ZBA”) to permit the development of a 22-storey residential building at the property municipally known as 710 The West Mall.
SERVICE OF NOTICE OF CMC
2There was no issue with service of the Notice of this CMC. The Tribunal was in receipt of the Affidavit of Service, which was marked as Exhibit 1.
REQUESTS FOR PARTICIPANT STATUS
3The Tribunal received requests for Participant status from Jelena Tomasevic, Alekandsar Tomasevic and York Condominium Corporation No. 202. Ms. Dana Kuszelewski attended on behalf of the York Condominium Corporation No. 202. She undertook to provide the Tribunal with a letter from the Board confirming that she is authorized to represent York Condominium Corporation No. 202. This letter was received subsequent to the hearing. Although Jelena Tomasevic was not in attendance, her son, Aleksandar Tomasevic was present and advised that she is a teacher and could not attend but still sought Participant status. Participant status was granted to Jelena Tomasevic, Aleksandar Tomasevic and York Condominium Corporation No. 202. Emails from Barbara and Jerzy Suchwallo regarding the appeal were received by the Tribunal but they did not complete a Participant Status Request Form or attend at the CMC. Barbara and Jerzy Suchwallo were not granted Participant status. The Tribunal did not receive any requests for Party status.
SECOND CASE MANAGEMENT CONFERENCE
4The Parties did not submit a draft Procedural Order and Issues List in advance of the CMC. The Parties are engaged in settlement discussions. In order to allow time for Toronto City Council to respond to the Appellant’s settlement proposal, a second CMC is scheduled to proceed by video on Monday, February 10, 2025, at 10 a.m.
5Parties and Participants 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
6Parties 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 GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html
7Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889. The access code is as indicated above.
8Individuals 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
9THE TRIBUNAL ORDERS that:
a. A second Case Management Conference shall proceed on Monday, February 10, 2025, at 10 a.m. by video.
b. If the Parties settle the Appeal in advance of the second Case Management Conference, they are to notify the Tribunal as soon as possible and the second Case Management Conference may be converted to a hearing to consider the settlement at the discretion of the Tribunal.
c. If the Parties do not achieve settlement in advance of the second Case Management Conference, a draft Procedural Order and Issues List shall be filed with the Tribunal five days in advance of the second Case Management Conference.
10There shall be no further notice.
11This member is not seized.
“Jennifer Gold”
JENNIFER GOLD
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.