Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 28, 2025
CASE NO(S).: OLT-25-000072
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Pauline Centre Corporation
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Existing Zoning: C1
Proposed Zoning: Site Specific (To be determined)
Description: To permit the redevelopment of the existing one-storey commercial building and replace it with an 8-storey mixed use building with 105 residential units
Reference Number: 16 268010 NNY 15 OZ
Property Address: 3019 Dufferin Street
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-25-000072
Legacy Case No.: PL171221
OLT Lead Case No.: OLT-25-000072
Legacy Lead Case No.: PL171221
OLT Case Name: Pauline Centre Corporation v. Toronto (City)
Heard: March 20, 2025, by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Pauline Centre Corporation | M. Foderick, J. Nehmetallah |
| City of Toronto | K. Czajkowski |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. DEBOER ON MARCH 20, 2025 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision arises from a further Case Management Conference (“CMC”) held in preparation for a hearing of the appeal by Pauline Centre Corporation (“Appellant”) pursuant to s. 34(11) of the Planning Act due to the Appellant revising its Zoning By-law Amendment Application (“Application”) with the City of Toronto (“City”). The municipal address of the Subject Property is 3019 Dufferin Street in the City (“Subject Property”).
BACKGROUND
2The initial Application had been approved by the Tribunal through the issuance of an Interim Order. Since the conditions imposed by the Interim Order had not been fulfilled, and a Final Order had not been issued by the Tribunal, the Appellant and City requested that the Tribunal convene a CMC concerning the proposed updated Application. The previous Tribunal Decision pertaining to the Interim Order can be found below:
[https://www.minicounsel.ca/olpat/2019/83980)
AFFIDAVIT OF SERVICE
3The purpose of this CMC was to consider requests for Party or Participant status and consider the next steps in the hearing process.
4The Tribunal reviewed the Affidavit of Service of Notice sworn by Robert Daniel Edward Jefferson dated March 4, 2025. With no issues with Notice raised at the CMC, the Tribunal accepted the Affidavit, marked it as Exhibit 1 to this hearing event, and directed that no further Notice would be needed.
STATUS REQUESTS
5The Tribunal received one Party request prior to the CMC, that of Rachel Nicholas. The Tribunal reviewed the responsibilities of a Party and the Tribunal’s expectations of a Party as per rule 8.1 of the Tribunal’s Rules of Practice and Procedure. After this review, it was the request of Ms. Nicholas to become a Participant to the matter. The Tribunal reviewed her request and ruled that Ms. Nicholas was approved to be a Participant to the matter. No other Party requests were made prior to, or during the CMC.
6Prior to the CMC, the Tribunal was made aware of four other Participant Status requests. The Participant requests of Marc Demone, Frank Kolinek, Dominico Maiolo and Frank Covelli were reviewed and approved by the Tribunal. These Participant Statements will be considered – along with Ms. Nicholas’ Participant Statement – in the decision-making process during the hearing of the ZBA. No other persons requested Participant Status prior to or during the CMC.
OPPORTUNITIES FOR RESOLUTION
7Ms. Czajkowski stated that the City had received the revised Application earlier this week and there has not been sufficient time to review the Appellant’s changes to the Application. Mr. Foderick confirmed that the updated Application had been officially sent to the City very recently. The Parties confirmed there has not been sufficient time to review the updated Application, and therefore, it is too early to discuss the need for the mediation.
PROCEDURAL ORDER AND ISSUES LIST
8The Tribunal had not received a Procedural Order prior to or during the CMC. It was the request of the Parties to schedule a second CMC approximately four months in the future. This would provide enough time for the City to review the updated Application and provide comments back to the Appellant concerning said Application. It was the intent of the Parties to provide the Tribunal with a Procedural Order and schedule a hearing at the next CMC.
SCHEDULING OF HEARING
9During the CMC, the Tribunal received a request from Mr. Kolinek, Participant, asking that future hearing events pertaining to this matter occur in person at the Tribunal offices. Mr. Kolinek stated this would provide an opportunity for persons within the notification area to attend these hearing events and would provide a similar process to what occurred during the original hearing in 2019. The Parties stated to the Tribunal that a hearing on the merits of the Application could be done in person if it was so warranted by the Tribunal. However, the request of the Parties in front of the Tribunal today is to have a second CMC occur by video hearing, similar to the hearing event today. The Tribunal advised Mr. Kolinek that a request for an in-person hearing should be made through the Case Coordinator. This request would be heard by the Chair of the Tribunal and the decision to hold an in-person hearing can only be made by the Chair. The Tribunal then ruled that a second CMC would occur by video hearing.
10Based on the request of the Parties, the Tribunal has scheduled a second CMC to occur by video hearing on Monday, July 21, 2025, at 10 a.m.
11Parties 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 Link: https://global.gotomeeting.com/join/656004293
Access code: 656-004-293
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 GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html
13Persons 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.
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 rulings and directions described above.
16The Member may be spoken to through the Case Coordinator if procedural issues arise.
“S. deBoer”
S. DEBOER
MEMBER
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.