Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 12, 2025
CASE NO(S).: OLT-24-001218
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Dundas-Glenlake Project GP Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of a 29-storey mixed-use building
Reference Number: 24 187123 STE 04 OZ
Property Address: 2461 - 2475 Dundas Street West
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-24-001218
OLT Lead Case No.: OLT-24-001218
OLT Case Name: Dundas-Glenlake Project GP Inc. v. Toronto (City)
Heard: March 6, 2025, by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Dundas-Glenlake Project GP Inc. | D. Bronskill |
| City of Toronto | A. Hill, A. Sandhu |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. DEBOER ON MARCH 6, 2025, BY AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision arises from the first Case Management Conference (“CMC”) held in preparation for a hearing of the appeal by Dundas-Glenlake Project GP Inc. (“Appellant”) pursuant to s. 34(11) of the Planning Act due to the City of Toronto’s (“City”) refusal of the Zoning By-law Amendment Application for the lands municipally known as 2461-2475 Dundas Street West (“Subject Lands”).
2The purpose of the CMC was to consider requests for Party or Participant Status, consider the proposed draft Procedural Order, and to consider next steps in the hearing process.
AFFIDAVIT OF SERVICE
3The Tribunal reviewed the Affidavit of Service of Notice sworn by Linda Roberts dated January 30, 2025, and marked the Affidavit as Exhibit 1 to the Hearing event. The Tribunal ruled that there were no issues with the Affidavit and that no further notice would be needed.
BACKGROUND
4The Appellant is seeking approval of a Zoning By-law Amendment to facilitate the construction of a 29-storey mixed-use building. The Zoning By-law Amendment would allow for a development of approximately 288 residential units with an approximately gross floor area of 19,645 square metres, which includes approximately 360 square metres of ground-floor retail space.
5The Subject Lands are located at the southwest corner of Dundas Street West and Glenlake Avenue, within Toronto's West Bend neighborhood. It is a rectangular site measuring approximately 1,320 square metres, with an approximate frontage of 43.4 metres on Dundas Street West and 30.5 metres of depth along Glenlake Avenue.
6Surrounding land uses include a mix of residential and commercial properties. To the north is a seven-storey residential building, while to the south, there is a three-storey mixed-use building. The site is also adjacent to a public laneway to the west, with low-rise residential buildings on the opposite side. Additionally, the CN rail corridor runs along the eastern boundary of the site.
7The Subject Lands are designated in a "Mixed-Use Area" in the City’s Official Plan and is located in an area that is targeted for future growth and intensification. The Subject Lands is also located within two Protected Major Transit Station Areas, specifically the Dundas West and Bloor GO stations.
8The Zoning By-law Amendment Application was received on July 24, 2024, and was deemed complete on August 23, 2024. The City’s planning staff recommended refusal of the Application as it was their opinion that the Application did not meet the City’s Official Plan or Tall Building Design Guidelines. The Application was presented to City Council at the council meeting on November 13, 2024, and City Council made the decision to refuse the Application at this same council meeting.
STATUS REQUESTS
9The Tribunal received one Party Status request prior to the CMC, that of David Clarke. This was Mr. Clarke’s first time appearing before the Tribunal. As such, the Tribunal deemed it prudent to review his request for Party Status and took Mr. Clarke through the responsibilities of a Party and the Tribunal’s expectations of a Party as per Rule 8.1 of the Ontario Land Tribunal’s Rules of Practice and Procedure. After this review, Mr. Clarke requested that he have more time before determining his official Party Status. Mr. Clarke stated that he was going to seek professional counsel and possibly expert witnesses that could be presented to the Tribunal for the hearing.
10The Tribunal ruled that Mr. Clarke’s Party Status did not have to be determined at this CMC. The Appellant and City were still working through the issues on the draft Procedural Order in order to reduce the number of issues that were to be determined. As such, the Appellant and the City were requesting to have another CMC near the end May of 2025, as which time, a final draft Procedural Order could be presented, and a length of a Merits Hearing could be determined. The Appellant and City agreed to share their proposed issues with Mr. Clarke as to help Mr. Clarke determine his requested Party Status. The Tribunal requested that Mr. Clarke confirm with the Tribunal if he wanting to continue with his Party Status by May 15, 2025.
11Prior to the CMC, the Tribunal was made aware of five Participant Status requests. The Participant requests of Barbara Gordon, Thomas Stephenson, Kieron Smith, Hilda Smith, and the West Bend Community Association were reviewed and approved by the Tribunal. These Participant Statements will be used as apart of the final decision-making process during the Hearing of the Merits. No other persons requested Participant Status prior to or during the CMC.
PROCEDURAL ORDER AND ISSUES LIST
12The Parties submitted a draft Procedural Order prior to the commencement of the CMC. However, the Parties are in without prejudice discussions to narrow the issues. As discussed above, it was the request of the Parties that a second CMC be scheduled for a date in May 2025, to allow for these discussions to continue to narrow these issues. The Tribunal agreed with this process and canvassed the Parties for a date that would fit into their calendars.
SCHEDULING OF HEARING
13Based on the discussions listed above, the Tribunal has scheduled a second CMC to occur by Video Hearing beginning on Thursday, May 29, 2025, at 10 am.
14Parties 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/519389173
Access code: 519-389-173
15Parties 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
16Persons 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: (Toll Free) 1-888-299-1889 or +1 (647) 497-9373. The access code is same as mentioned above.
17Individuals 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
18THE TRIBUNAL ORDERS its directions as listed above.
19The Member may be spoken to if procedural issues arise, subject to the Tribunal’s calendar.
“S. deBoer”
S. DEBOER
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.