Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 25, 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: July 21, 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 ERIC S. CROWE ON JULY 21, 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 at Pauline Centre Corporation v Toronto (City), 2019 CanLII 83980 (ON LPAT).
3The purpose of this CMC was to consider requests for Party or Participant status and request a Procedural Order and set hearing dates.
STATUS REQUESTS
4At the previous CMC, 5 individuals were granted Participant Status.
5Prior to the CMC, the Tribunal was made aware of three other Participant Status requests. The Participant requests of Frank Kolinek, Sandra Sabadello, and Maria Santoro were reviewed and approved by the Tribunal. Frank Kolinek previously provided a Participant Statement. These Participant Statements will be considered 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
6Ms. Czajkowski stated that the City Council will be sitting this week on July 23-25, 2025, at which time they will discuss this case and that Counsel will be awaiting instructions from the City on any recommendations they provide. Mr. Foderick advised that until hearing dates are set, their Firm policy is not to mediate until after hearing dates are set. Therefore, it is too early to discuss the need for the mediation.
PROCEDURAL ORDER AND ISSUES LIST
7The Tribunal requests that the Parties work together and file a draft Procedural Order and Issues List with the Tribunal on or before Thursday, August 28, 2025.
SCHEDULING OF HEARING
8During the CMC, several questions were posed by the Participants in regard to accessibility issues, community involvement, and general questions of the difference between a Merit Hearing and a CMC.
9The Tribunal explained that notice was served, and Mr. Foderick and Ms. Czajkowski eloquently explained that any issues with notice or community input could be directed to their respective offices. Mr. Foderick volunteered going forward that he would provide all materials of this case to all Participants. In regard to disability or access issues, the Tribunal advised the Participants to contact the Tribunal Case Coordinator to assist in resolving those issues. As discussed in the previous CMC, 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 Merit Hearing would occur by video.
10Based on the request of the Parties, the Tribunal has scheduled a ten-day Merit Hearing to occur by video on Monday, March 16, 2026 to Friday March 27, 2026, at 10 a.m.
11Parties and Participants are asked to log in to 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/914098901
Access code: 914-098-901
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
13Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to the event by calling in to an audio-only telephone line: +1 (647) 497-9373 or (Toll Free) 1-888-299-1889. 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 a Merit Hearing has been scheduled for Monday, March 16, 2025 to Friday, March 27, 2026 at 10 a.m. by video.
16THE TRIBUNAL ORDERS that the Parties file a draft Procedural Order with the Tribunal on or before Thursday, August 28, 2025.
17AND THE TRIBUNAL FURTHER ORDERS that the Tribunal Member is not seized but may be spoken to in the event matters arise.
“Eric S. Crowe”
ERIC S. CROWE
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.