Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 09, 2025
CASE NO.: OLT-24-000906
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 2600546 Ontario Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit a 21-storey mixed use building including 263 dwelling units and 213 square metres of ground floor retail.
Reference Number: 23 213844 STE 04 OZ
Property Address: 1304-1318 King Street West and 143-145 Cowan Avenue
Municipality/UT: Toronto
OLT Case No.: OLT-24-000906
OLT Lead Case No.: OLT-24-000906
OLT Case Name: 2600546 Ontario Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 2600546 Ontario Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a 21-storey mixed use building including 263 dwelling units and 213 square metres of ground floor retail.
Reference Number: 23 213844 STE 04 OZ
Property Address: 1304-1318 King Street West and 143-145 Cowan Avenue
Municipality/UT: Toronto
OLT Case No.: OLT-24-000907
OLT Lead Case No.: OLT-24-000906
OLT Case Name: 2600546 Ontario Inc. v. Toronto (City)
BEFORE:
C. HARDY VICE-CHAIR
Wednesday, the 9th day of April, 2025
THE TRIBUNAL ORDERS that further to the Procedural Order issued on February 7, 2025, the updated Procedural Order, as agreed to between the Parties and attached hereto as Schedule “A”, shall be in force and effect for the purpose of governing the required procedures leading up to and including the hearing, which is scheduled to commence on June 2, 2025. The Tribunal has set aside five (5) days for the hearing.
“Euken Lui”
EUKEN LUI
ACTING REGISTRAR
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.
SCHEDULE “A”
PROCEDURAL ORDER
- The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the Parties’ request or its own motion.
Organization of the Hearing
The hearing will begin on June 2, 2025 at 10:00 a.m. as directed in the Tribunal's Decision and Order.
The length of the hearing will be about five (5) days. The Parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues, where possible. The procedural order deadlines are generally found in Attachment 1.
The Parties and Participants identified at the Case Management Conference are listed in Attachment 2 to this Order.
The Issues are set out in the Issues List attached as Attachment 3 to this Order. The Parts will attempt to resolve the issues prior to the hearing on the merits of the appeal. There will be no changes to the Issues List unless the Tribunal permits, and a Party who asks for changes may have costs awarded against it.
The order of evidence is set out in Attachment 4 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the Parties' consent, subject to the Tribunal’s approval, or by Order of the Tribunal.
Any person intending to participate in the hearing shall provide a mailing address, email address and a telephone number to the Tribunal. Any such person who retains a representative must advise the other Parties and the Tribunal of the representative’s name, address, email address and the phone number.
If the hearing is to proceed electronically, any person who intends to participate in the hearing, including Parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website (https://olt.gov.on.ca/guides/).
Requirements Before the Hearing
A Party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other Parties a list of the witnesses, the expert witness(es)' curriculum vitae and Acknowledgement of Expert Duty form(s), and the order in which the witnesses will be called. This list must be delivered at least one hundred and twenty (120) calendar days before the hearing (on or before January 27, 2025). For expert witnesses, a Party is to identify the area of expertise in which the witness is proposed to be qualified. Any challenges to the witness, including qualifications of a witness to give opinion evidence in the area of expertise proposed shall be made by motion in accordance with the Tribunal’s Rules and notice of same must be served on the other Parties (on or before February 18, 2025) at least 100 calendar days before the hearing is scheduled to commence).
Expert witnesses in the same discipline(s) shall have at least one meeting before the hearing to try to resolve or reduce the issues for the hearing. The experts shall prepare a list of any agreed facts and the remaining issues to be addressed at the hearing, and provide this list to all of the Parties and the Tribunal at least fifteen days (15) calendar days prior to date for Expert Witness Statements as stated in Section 14 (on or before March 7, 2025), if agreement is reached.
An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing, and the curriculum vitae and Acknowledgment of Expert Duty Form previously provided as in Section 9. Copies must be provided as in Section 14. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony. For greater certainty, each expert witness statement must comply with the minimum content requirements specified in Rule 7 of the Tribunal’s Rules of Practice and Procedure. If the expert witness has prepared any report(s) that they intend to rely on at the hearing, and which did not form part of the submissions made to the City, such report(s) shall be provided to the other Parties at the same as the delivery of expert witness statements, as in Section 14.
A witness or participant must provide to the Tribunal and the Parties a witness statement or participant statement, respectively, on or before May 7, 2025 (twenty-six (26) calendar days prior to the scheduled commencement of the hearing) or the witness may not give oral evidence at the hearing. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.
Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the Party calling them must file a brief outline of the expert’s evidence, as in Section 14.
On or before May 7, 2025 (twenty-six (26) calendar days prior to the scheduled commencement of the hearing), the Parties shall provide copies of their expert witness statements (full disclosure including reports) to the other Parties.
On or before May 14, 2025 (nineteen (19) calendar days prior to the scheduled commencement of the hearing) the Parties may provide to all other Parties a written response to any written evidence.
On or before May 9, 2025 (twenty-four (24) calendar days prior to the scheduled commencement of the hearing), the Parties shall advise the Tribunal of whether any hearings dates scheduled for this matter may be released from the Tribunal's calendar. This request may only be made on consent of all of the Parties. If no hearing dates are intended to be released from the Tribunal's calendar, no Party is required to advise the Tribunal anything further in that regard.
On or before May 9, 2025 (twenty-four (24) calendar days prior to the scheduled commencement of the hearing), the Parties shall provide copies of their visual evidence to all of the other Parties. The Tribunal and all Parties shall be notified if a model will be used, all Parties must have a reasonable opportunity to view it before the scheduled commencement of the hearing.
A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. Such a motion shall be in accordance with the Tribunal’s Rule 10, which requires that the moving Party provide copies of the motion to all other Parties at least 15 days before the Tribunal hears the motion.
A Party who provides a witness’ written evidence to the other Parties must have the witness attend the hearing to give oral evidence, unless the Party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.
On or before May 16, 2025 (seventeen (17) days before the commencement of the hearing), the Parties shall prepare and file a detailed Work Plan that identifies the following, at a minimum: the identified Parties participating in the Hearing Event, preliminary matters (if any to be addressed), the date a witness is intended to attend the Tribunal, the identified witness name/expertise, and the approximate time allotted for Examination in Chief, Cross Examination and any re-examination (if any) (the “Work Plan”). The Work Plan should be adhered to guide the Hearing Event to the best ability of all the Parties, and any and all witnesses shall be available on the identified date(s), unless otherwise directed by the Tribunal. The Tribunal may, at its discretion, change or alter the Work Plan throughout the Hearing Event.
The Parties shall prepare a Joint Document Book on or before May 16, 2025 (seventeen (17) days before the hearing is scheduled to commence), and which one (1) hard copy will be filed with the Tribunal as soon as practicable in advance of the Hearing. All Parties must be served with the Joint Document Book in paper or an accessible electronic format in accordance with Section 23.
If the applicant intends to seek approval of a revised proposal at the hearing, the applicant shall provide copies of the revised proposal, including all revised plans, drawings, proposed instruments, updated supporting documents and reports, to the other Parties on or before December 20, 2024 (ninety (90) days before Expert Witness Statements as in Section 14). The applicant acknowledges that any revisions to the proposal after that date without the consent of the Parties may be grounds for a request to adjourn the hearing.
All filing of documents and materials shall be electronic to the Tribunal, the Parties and Participants (if any). If required, the Tribunal will be provided a hard copy of documents and materials in advance of the hearing event as soon as practicable. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7. All documents to be filed with the Tribunal shall be organized, tabbed and digitally searchable and such materials will be filed in accordance with directions contained in the Tribunal’s Video Hearing Guide, dated July 2, 2020, or as may be amended. Section 23 applies regardless if the hearing event is in-person or electronic.
No adjournments or delays will be granted before or during the hearing except for serious hardship or illness or as permitted by Section 22. The Tribunal’s Rule 17 applies to such requests.
The Tribunal may conduct mediation on consent of all Parties, on consent of those Parties who wish to participate in mediation, or if the Tribunal sees fit.
The purpose of this Procedural Order and the meaning of the terms used in this Procedural Order are set out in Attachment 5.
This Member is not seized.
So orders the Tribunal.
BEFORE:
Name of Member ) Date:
TRIBUNAL REGISTRAR
ATTACHMENT 1
SUMMARY OF DATES
DATE
EVENT
December 20, 2024 (90 days before Witness Statement Date)
Last date to provide copies of revised proposal, including all revised plans and drawings (if any)
January 27, 2025 (120 days prior to hearing)
Exchange of witness lists (names, disciplines and order to be called)
February 18, 2025 (100 days prior to hearing)
Last date to challenge identification of expert witness
March 7, 2025 (80 days prior to hearing)
Experts meeting prior to this date
March 7, 2025 (80 days prior to hearing)
Agreed Statement of Facts
May 7, 2025 (26 days prior to hearing)
Exchange of Witness Statements, summoned witness outlines, Expert Reports and Participant Statements
May 14, 2025 (19 days prior to hearing)
Exchange of Reply Witness Statements (if any)
May 9, 2025 (24 days prior to hearing)
Parties to Advise Tribunal if any hearing dates are to be released from the hearing calendar (if any)
May 9, 2025 (24 days prior to hearing)
Exchange of visual evidence (if any)
May 16, 2025 (17 days prior to hearing)
Final Work Plan filed with the Tribunal
May 16, 2025 (17 days prior to hearing)
Finalize Joint Document Book
June 2, 2025
Hearing commences
ATTACHMENT 2
LIST OF PARTIES AND PARTICIPANTS
A. PARTIES
*Counsel/Agent
- City of Toronto
City of Toronto Legal City of Toronto, Legal Services Metro Hall, 26th Floor 55 John Street Toronto, Ontario M5V 3C6 Jyoti Zuidema / Jamie Dexter E-mail: jyoti.zuidema@toronto.ca / jamie.dexter@toronto.ca Tel: 416.338.0800 / 416.394.2799
- 2600546 Ontario Inc.
Aird & Berlis LLP 181 Bay Street, Suite 1800 Toronto ON M5J 2T9 Eileen P.K. Costello / Anna Lu Email: ecostello@airdberlis.com / alu@airdberlis.com Tel: 416.865.4740 / 416.865.3419
B. PARTICIPANTS
Michelle Caers mcaers@gmail.com
Sara Davies davies.sara@gmail.com
Parkdale Residents Association (Ric Amis) info@parkdale.to
Camille Bastianpillai maya.cam.bastian@gmail.com
Erin Wotherspoon erinspoons@icloud.com
Mirusha Yogarajah MYogarajah@PARC.ON.CA yogarajahmiru@gmail.com
Mary Margaret Gelinas verteies@gmail.com
Stephanie Cormier scormierstudio@gmail.com
Libby Edwards libbymcgillisedwards@gmail.com
Bob Rose canoeroots@gmail.com
Jim Jones 16coacheslong@gmail.com
Robin Preboy robinpreboy@gmail.com
King Village Properties Ltd., 3 Elm Village Properties Ltd., and 5 Elm Village Properties Ltd. (Meaghan McDermid & Liam Valgardson, Davies Howe LLP) meaghanm@davieshowe.com
Philippe Devos phildevos@gmail.com
Aaron Hershoff and Erin Grosberg ahershoff@gmail.com
UNITE HERE Local 75 djanvier@unitehere.org
ATTACHMENT 3
ISSUES LIST
NOTE: The identification of an issue on the Issues List does not constitute an acknowledgement by the Tribunal or any Party that the issue is either relevant or appropriate. The identification of an issue on this list by a Party indicates that Party’s intent to lead evidence or argue that the issue is relevant to the proceeding, for the purpose of fairly identifying to the other Parties the case they need to meet and shall not be construed as the Tribunal have jurisdiction over such matters in each circumstance. Accordingly, no Party shall advance an issue not identified on the Issues List without leave of the Tribunal.
A. City of Toronto
Do the proposed development, Official Plan Amendment, and Zoning By-law Amendment represent good and proper planning and have regard to the matters of provincial interest set out in subsections 2(j), (k), (p), and (r) of the Planning Act?
Do the proposed development, Official Plan Amendment, and Zoning By-law Amendment have regard for the decisions of City Council as required by Section 2.1 of the Planning Act?
Provincial Planning
- Are the proposed development, Official Plan Amendment, and Zoning By-law Amendment consistent with the Provincial Planning Statement (2024), particularly but not exclusively with policies 2.2.1(b), 2.4.1.1 and 2.8.1.1(a)?
City of Toronto Official Plan
- Do the proposed development, Official Plan Amendment, and Zoning By-law Amendment conform with the policies of the City of Toronto Official Plan, including but not limited to the policies related to:
a. Healthy Neighbourhoods: o Policies 2.3.1.1, 2.3.1.3, 2.3.1.4 and 2.3.1.6
b. Public Realm: o Policies 3.1.1.6 and 3.1.1.13
c. Built Form: o Policies 3.1.3.3, 3.1.3.5, 3.1.3.6, 3.1.3.7, and 3.1.3.10 o Policies 3.1.4.4 – 3.1.4.12
d. Housing: o Policies 3.2.1.1 and 3.2.1.6
e. Land Use Designations: o Neighbourhood Policies:
- 4.1.1 and 4.1.5 o Mixed Use Areas Policies:
- 4.5.2(c), (d), (e), and (i)
f. The Official Plan o 5.3.1.3
Site Specific Issues
Land Use
Do the proposed development, Official Plan Amendment, and Zoning By-law Amendment fit within the existing and planned context?
Do the proposed development, Official Plan Amendment, and Zoning By-law Amendment properly contribute to creating a complete community, in relation to the proposed non-residential gross floor area?
Is the development proposal in the public interest?
Site Organization, Built Form, Height, Massing, and Density
Does the proposed development represent principles of good planning and urban design?
Are the proposed site organization and built form of the proposal appropriate, and do they conform with the applicable policies as identified in Issue 4 above and relevant guidelines? More particularly, but without limiting the generality of the foregoing:
a. Does the proposal provide an appropriate scale of development on the site?
b. Are the proposed building heights, massing, setbacks, and step-backs appropriate?
c. Does the proposal achieve an appropriate relationship with the existing and planned context for the site?
d. Does the proposal provide an appropriate transition to surrounding land uses and built form?
e. Are the shadow impacts from the proposed development acceptable?
City of Toronto Guidelines
- Does the proposed development have appropriate regard for, and meet the intent and purpose of, the applicable City of Toronto Guidelines and standards, particularly:
a. Tall Building Design Guidelines (2013);
b. Mid-Rise Building Guidelines (2010 and 2016 Addendum)
c. Growing Up: Planning for Children in New Vertical Communities (2020);
d. Toronto Green Standard v.4 (2022);
e. Retail Design Manual (2019);
f. Streetscape Manual User Guide (2019);
g. Complete Streets Guidelines;
h. Pet Friendly Design Guidelines and Best Practices for New Multi-unit Buildings (2019); and
i. Bird Friendly Best Practices Glass (2016)?
Housing
- Does the proposed development conform to the policies of the City's Official Plan's city-wide goals to require developments to provide a full range of housing options which include form, tenure, and affordability?
Public Interest and Good Planning
- Do the proposed Official Plan and Zoning By-law Amendments provide for good planning and good urban design and are they in the public interest?
Conditions
- By providing the following draft conditions, there is no suggestion that the City is supporting the development in any manner whatsoever and should the Tribunal determine that the development should proceed in any form or fashion, the Tribunal's Order shall be withheld until the following conditions are satisfied, and further should the proposal presented to the Tribunal differ from that before City Council, the City reserves the right to amend, remove, add or substitute conditions. The conditions are contingent on the Tribunal having received confirmation from the City Solicitor that:
a. The final form and content of the Official Plan Amendment and Zoning By-law Amendment are to the satisfaction of the City Solicitor and the Executive Director, Development Review Division; and
b. City Council has approved Rental Housing Demolition Application 23 213845 STE 04 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to permit the demolition of the existing rental housing, and the owner has entered into, and registered on title to the lands, one or more agreements with the City, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning, securing all rental housing-related matters necessary to implement City Council's decision including:
i. replacement of the existing eight rental dwelling units, including the same number of units, bedroom type and size and with similar rents; and
ii. an acceptable Tenant Relocation and Assistance Plan addressing the right for existing tenants to return to a replacement rental unit on the lands at similar rents, the provision of rent gap assistance, and other assistance to lessen hardship, all to the satisfaction of the Chief Planner and Executive Director, City Planning.
c. Where applicable, community benefits and other matters in support of the development are secured, as applicable, to the satisfaction of the Executive Director, Development Review Division and the City Solicitor; and
d. The Owner has submitted a revised Arborist Report or addendum and Tree Protection Plan to address compliance with the Toronto Green Standard, including the parts of the ecology section which pertain to existing and proposed trees and soil volume requirements, satisfactory to the General Manager, Parks, Forestry and Recreation; and
e. The Owner has submitted a revised Pedestrian Wind Study that has addressed the outstanding issues from the City Planning memo dated March 25, 2024, to the satisfaction of the Executive Director, Development review; and
f. The Owner has submitted a revised Sun and Shadow Study that has addressed the outstanding issues from the City Planning memo dated March 25, 2024, to the satisfaction of the Executive Director, Development Review; and
g. The Owner has addressed all outstanding issues raised by Engineering and Construction Services as set out in its memo of March 1, 2024, and as they relate to the Official Plan Amendment and Zoning By-Law Amendment application; and
h. The Owner has submitted a Functional Servicing Report and Stormwater Management Report, and Hydrogeological Review, including the Foundation Drainage Report or addendums ("Engineering Reports") to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water; and
i. The Owner has secured the design and provision of financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Engineering Reports, to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water, should it be determined that improvements or upgrades are required to support the development, according to the accepted Engineering Reports.
ATTACHMENT 4
ORDER OF EVIDENCE
NOTE: Where Parties of like interest have issues in common, they shall make reasonable efforts to coordinate their examinations-in-chief and cross-examinations so as to minimize any duplication or overlap of evidence.
2600546 Ontario Inc.
City of Toronto
Reply by 2600546 Ontario Inc. (if any)
ATTACHMENT 5
Purpose of the Procedural Order and Meaning of Terms
Party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other Parties, and making submissions on all of the evidence. If an unincorporated group wishes to become a Party, it must appoint one person to speak for it, and that person must accept the other responsibilities of a Party as set out in the Order. Parties do not have to be represented by a lawyer, and may have an agent speak for them. The agent must have written authorization from the Party.
NOTE that a person who wishes to become a Party before or at the hearing, and who did not request this at the Case Management Conference, must ask the Tribunal to permit this.
Participant is an individual, group or corporation, whether represented by a lawyer or not, who may attend only part of the proceeding but who makes a written statement to the Tribunal on all or some of the issues in the hearing in accordance with Rule 7.7 of the Tribunal’s Rules of Practice and Procedure.
NOTE that such persons will likely not receive notice of a mediation or conference calls on procedural issues. They also cannot ask for costs, or review of a decision as Parties can.
Written and Visual Evidence:
Written evidence includes all written material, reports, studies, documents, letters and witness statements which a Party intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.
Visual evidence includes photographs, maps, videos, models, and overlays which a Party intends to present as evidence at the hearing.
Witness Statements:
A witness statement is a short written outline of the person’s background, experience and interest in the matter; a list of the issues which the witness will discuss and the witness’ opinions on those issues; and a list of reports that the witness will rely on at the hearing.
An expert witness statement should include the expert’s (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness’ opinions on those issues and the complete reasons for the opinions and (5) a list of reports that the witness will rely on at the hearing.
A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a list of the issues which the participant will address and a short outline of the evidence on those issues; and a list of reports, relied upon, if any, which the participant will provide to the Tribunal for consideration of the written statement at the hearing.
Additional Information:
Summons: A Party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons. This request must be made before the time that the list of witnesses is provided to the Tribunal and the Parties (see Rule 13 on the summons procedure). If the Tribunal requests it, an affidavit must be provided indicating how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the affidavit, it will require that a motion be heard to decide whether the witness should be summoned.
The order of examination of witnesses: is usually direct examination, cross-examination and re-examination in the following way:
- direct examination by the Party presenting the witness;
- direct examination by any Party of similar interest, in the manner determined by the Tribunal;
- cross-examination by Parties of opposite interest;
- re-examination by the Party presenting the witness; or
- another order of examination mutually agreed among the Parties or directed by the Tribunal.
62014590.10