Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: March 4, 2025 CASE NO(S).: OLT-24-001146

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

Applicant and Appellant: SG Adelaide Ltd. Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit development 65-storey residential/mixed-use building comprised of 600 dwelling units Reference Number: 20 120404 STE 13 OZ Property Address: 110-112 Adelaide Street East & 85 Lombard Street Municipality/UT: Toronto OLT Case No.: OLT-24-001146 OLT Lead Case No.: OLT-24-001146 OLT Case Name: SG Adelaide Ltd. v. Toronto (City)

PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A

Appellant: SG Adelaide Ltd. Subject: Site Plan Description: To permit development 65-storey residential/mixed-use building comprised of 600 dwelling units Reference Number: 20 120404 STE 13 OZ Property Address: 110-112 Adelaide Street East & 85 Lombard Street Municipality/UT: Toronto OLT Case No.: OLT-24-001147 OLT Lead Case No.: OLT-24-001146

Heard: February 28, 2025, by Video Hearing

APPEARANCES:

Parties SG Adelaide Ltd. ("Applicant") City of Toronto ("City")

Counsel Jason Park, Adrian Frank Derin Abimbola

MEMORANDUM OF ORAL DECISION DELIVERED BY JEAN-PIERRE BLAIS ON FEBRUARY 28, 2025 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1The Applicant seeks to redevelop a site municipally known as 110-112 Adelaide Street East and 85 Lombard Street, in the City (“Subject Property”), to construct a 65-storey residential, mixed-use building with approximately 600 dwellings. To this end, the Applicant had applied for a Zoning By-law amendment and for a Site Plan approval. The Appeals are brought pursuant to section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, and section 114(15) of the City of Toronto Act, 2006, S.O. 2006 c. 11, Schedule A, due to the City’s failure to make a decision within the prescribed timelines.

2On February 28, 2025, the Tribunal held its first Case Management Conference (“CMC”) to organize the appeal, address status requests, and establish next steps in this proceeding.

NOTICE

3There were no issues raised with service of Notice of the CMC and as such, no further notice is required. The Tribunal was in receipt of the Affidavit of Service of Notice of the CMC affirmed on February 12, 2025, which was marked as Exhibit 1 to this CMC.

STATUS REQUEST

4The Tribunal received one request for Party status from the St. Lawrence Neighbourhood Association (“SLNA”), an incorporated entity. The SLNA indicated that they intend to retain the services of a land use planner, but not of a legal Counsel. The SNLA was made aware by the Tribunal of its rights and obligations as a Party. Neither the Applicant nor the City objected to granting the SLNA Party status. The Tribunal directed that the St. Lawrence Neighbourhood Association be granted Party status.

5The Tribunal was in receipt of 32 requests for Participant status from individuals. The Applicant objected to granting Participant status with respect to six individuals: (1) because Hugh MacIsaac and Jaime Loaring do not reside in the City; (2) because Rod Monette and Kathryn Froh do not reside in sufficient proximity to the Subject Property; and, (3) because it was not clear from their Status Request Form where Karen Rolfe and Derrick Hughes reside. The Applicant consented to adding the other individuals as Participants. The City took no position.

6The Tribunal directed that the 28 individuals listed in Appendix A to this Decision to be granted Participant status. The Tribunal found that Hugh MacIsaac and Jaime Loaring do not reside in the City and should therefore not be granted Participant status. The Tribunal was not persuaded that Rod Monette and Kathryn Froh were not in sufficient proximity and were therefore granted Participant status. With respect to Karen Rolfe and Derrick Hughes, it will be open to them to provide the Tribunal before the second CMC their addresses and thus support that they reside in sufficient proximity to the Subject Property.

7There was also discussion whether the condominium Boards for the buildings at 77 Lombard and 95 Lombard were seeking status in this proceeding. It will be open to those Boards to clarify their positions before the second CMC.

OPPORTUNITIES FOR SETTLEMENT

8The Parties are directed to advise the Tribunal, as soon as possible, of any settlement, and are encouraged to narrow the issues.

NEXT STEPS

9A draft Procedural Order was not provided by the Applicant to the Tribunal prior to the CMC.

10Counsel for the Applicant submitted that the Tribunal should set a date for a second CMC to enable the City to consider this matter at the Council meeting scheduled for March 26, 2025. Accordingly, the Tribunal directed that a second CMC be set for Thursday, April 17, 2025, by Video Hearing, at 10 a.m. At the second CMC, the Parties are expected to update the Tribunal on the status of the proceeding and to propose next steps. In particular, the Parties are directed to provide the Tribunal with a complete draft Procedural Order, including an Issues List, by Thursday, April 10, 2025. The City and the SLNA are directed to provide the Applicant with their Issues List by Tuesday, April 1, 2025.

11Parties and Participants are asked to log in to the Video Hearing at least 15 minutes before it begins to test their video and audio connections.

GoTo Meeting: https://global.gotomeeting.com/join/765631861

Access code: 765-631-861

12Parties 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.

13Parties and Participants who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling in to an audio-only telephone line: (Toll-Free) 1-888-455-1389 or +1 (647) 497-9391. The Access Code is 765-631-861.

14Individuals 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

15THE TRIBUNAL ORDERS its directions in this Decision.

“Jean-Pierre Blais”

JEAN-PIERRE BLAIS 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.

APPENDIX A

LIST OF PARTICIPANTS

1. Elaine Iannuzziello
2. Robert Duke
3. Dianne Coles
4. Alice Gray
5. Ashalea Stone
6. Valerie Walker
7. Kathryn Froh
8. Tesha Slack
9. Sandra Piperias
10. Romuald Lamps
11. Rod Monette
12. Adrienne McDonnell
13. Robert Alldis
14. Marko Tesanovic
15. John Lo
16. Clemens Sels
17. Colleen Farrell
18. Ian Kay
19. Alex Falevich
20. Eleanor Evans
21. Cathy Laskoski
22. Callan Rolfe-Hughes
23. Erica Meekes
24. Jerrett Young
25. Patrick Sabourin
26. Nina Coutinho
27. Yao Xu
28. Alexander Maclsaac