Ontario Land Tribunal
Tribunal ontarien de l’aménagement
du territoire
ISSUE DATE:
August 01, 2025
CASE NO(S).:
OLT-25-000228
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant:
4875 Dundas St. West Residences Limited
Subject:
Request to amend the Official Plan – Refusal of request
Description:
To permit the development of a 45-storey residential tower with a 4-storey podium containing commercial uses
Reference Number:
24 143269 WET 03 OZ
Property Address:
4875 Dundas Street West
Municipality/UT:
Toronto/Toronto
OLT Case No.:
OLT-25-000228
OLT Lead Case No.:
OLT-25-000228
OLT Case Name:
4875 Dundas St. West Residences Limited v. Toronto (City)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant:
4875 Dundas St. West Residences Limited
Subject:
Application to amend the Zoning By-law – Refusal of application
Description:
To permit the development of a 45-storey residential tower with a 4-storey podium containing commercial uses
Reference Number:
24 143269 WET 03 OZ
Property Address:
4875 Dundas Street West
Municipality/UT:
Toronto/Toronto
OLT Case No.:
OLT-25-000229
OLT Lead Case No.:
OLT-25-000228
Heard:
July 3, 2025 by video hearing
APPEARANCES:
Parties
Counsel
4875 Dundas St. West Residences Limited (“Appellant”)
Calvin Lantz
Caroline Jordan
City of Toronto (“City”)
Derin Abimbola
Simona Messina
827149 Ontario Ltd.
Adrian Frank
Maximum Property Management Ltd.
Max Laskin
David Bronskill (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY WILLIAM R. MIDDLETON ON JULY 3, 2025 AND ORDER OF THE TRIBUNAL
1This Decision arises from a Case Management Conference (“CMC”) held on July 3, 2025 by video hearing. The matter concerns an application for an Official Plan Amendment and a Zoning By-Law Amendment.
2There were two requests for Party status by 827149 Ontario Ltd. (“827”) and Maximum Property Management Ltd. (“Maximum”). Maximum is the owner of the property known municipally in the City as 4879-4891 Dundas Street West, which is located directly to the east of the property at 4875 Dundas Street West (“Subject Property”) that is the subject of the appeal. 827 is the registered owner of the property municipally known as 4869 Dundas Street West, which abuts the Subject Property. These requests are unopposed and both requestors confirmed through their respective counsel that they intend to call evidence at the hearing of the Appellant’s appeal. The Tribunal granted Party status to Maximum and 827.
3There was also a request for Party status made on behalf of an apparent association described as ‘4875 Dundas St. W. Tenants Association’, as represented by Rosemary Bennett. However, Ms. Bennett confirmed that this entity has not yet been incorporated. The Tribunal explained the differences between Party and Participant status and deferred this request (which, for the time being, was opposed by the Appellant). Ms. Bennett and her colleague Heather Stanger agreed that they must confirm the incorporation of this association within one week of the CMC and whether it has retained counsel for representation. Once it has received these communications, the Tribunal may reconsider this request for Party status. No Parties objected to the future granting of Party status in due course.
4There were also several requests for Participant status being: Rosemary Bennett, Zachary Fanni, Beverley Gordon, Anna Kudlak, Heather Stanger, all of whom are tenants at the Subject Property; Gabrielle Gaedecke a resident of 90 Cordova Avenue nearby the Subject Property; and Caroline Warnock, a resident of Barclay Terrace Condominiums, 1300 & 1320 Islington Avenue, which directly abuts the Subject Property. The Tribunal granted the requests for Participant status in this proceeding and heard no objections to this from any of the Parties.
5The Parties sought a hearing date in 2026 and the Tribunal has scheduled 10 days from April 13-24, 2026. The hearing is scheduled to proceed by video on Monday, April 13, 2026 at 10 a.m. Subsequent to the CMC, at the direction of the Tribunal, the Parties delivered a procedural order in final form and content. The Parties may consider mediation at a future date.
6Parties and Participants are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/344779885
Access code: 344-779-885
7Parties 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
8Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to it by calling in to an audio-only telephone line: +1-647-497-9373 or (toll-free) +1-888-299-1889. The access code is: 344-779-885.
9Individuals 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 event to ensure that they are properly connected at the correct time. Questions prior to the event may be directed to the Tribunal’s Case Coordinator.
ORDER
10THE TRIBUNAL ORDERS THAT:
(i) The following are granted Party status: 827149 Ontario Ltd. and Maximum Property Management Ltd.;
(ii) The following are granted Participant status: Rosemary Bennett, Zachary Fanni, Beverley Gordon, Anna Kudlak, Heather Stanger, Gabrielle Gaedecke, and Caroline Warnock; and
(iii) The Procedural Order appended as Schedule 1 shall govern the conduct of this proceeding.
“William R. Middleton”
WILLIAM R. MIDDLETON
VIce-Chair
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.
SCHEDULE 1
CASE NO(S).:
OLT-25-000228
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant:
4875 Dundas St. West Residences Limited
Subject:
Request to amend the Official Plan – Refusal of request
Description:
To permit the development of a 45-storey residential tower with a 4-storey podium containing commercial uses
Reference Number:
24 143269 WET 03 OZ
Property Address:
4875 Dundas Street West
Municipality/UT:
Toronto/Toronto
OLT Case No.:
OLT-25-000228
OLT Lead Case No.:
OLT-25-000228
OLT Case Name:
4875 Dundas St. West Residences Limited v. Toronto (City)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant:
4875 Dundas St. West Residences Limited
Subject:
Application to amend the Zoning By-law – Refusal of application
Description:
To permit the development of a 45-storey residential tower with a 4-storey podium containing commercial uses
Reference Number:
24 143269 WET 03 OZ
Property Address:
4875 Dundas Street West
Municipality/UT:
Toronto/Toronto
OLT Case No.:
OLT-25-000229
OLT Lead Case No.:
OLT-25-000228
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 video hearing will begin on April 13, 2026. in accordance with the following links:
Virtual Link: https://global.gotomeeting.com/join/344779885
Access Code: 344-779-885
Audio-only: +1-647-497-9373 or (toll-free) +1-888-299-1889
Access Code: 344-779-885
The length of the hearing will be 10 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.
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. There will be no changes to this 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 as soon as possible.
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/tribunals/lpat/).
Requirements Before the Hearing
Expert witnesses in the same discipline(s) shall have at least one meeting on or before Monday, January 12, 2026, 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 on or before Monday, January 26, 2026, if this meeting takes place and if agreement is reached.
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 and the order in which they will be called. This list must be delivered on or before Monday, December 8, 2025 in accordance with Section 23 below. 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 Monday, December 22, 2025.
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, the acknowledgement of expert's duty and curriculum vitae. Copies of this must be provided as in Section 13. 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 he/she intends 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 13.
On or before Tuesday, February 17, 2026, the parties shall provide copies of their witness and/or expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with Section 23 below.
On or before Tuesday, February 17, 2026, a participant shall provide copies of their written participant statement to the other parties in accordance with Section 23 below. 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 13.
On or before Monday, March 9, 2026, the Parties may provide to all other Parties a written response to any written evidence in accordance with Section 23 below.
On or before Monday, March 16, 2026, the Parties shall: (a) 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; and (b) commence a written motion if a Party seeks to exclude or limit the evidence of any witness.
On or before Friday, March 13, 2026, the Parties shall provide copies of their visual evidence to all of the other Parties in accordance with Section 23 below. 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 and must be brought in writing by March 16, 2026.
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 seven (7) days before the hearing that the written evidence is not part of their record.
On or before Monday, April 6, 2026, 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 and a Joint Book of Witness Statements on or before Monday, April 6, 2026, and which one (1) hard copy each 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.
All filing of documents and materials shall be electronic to the Tribunal, the Parties and Participants (if any). 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.
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, all in accordance with Rule 18.
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 at least 145 calendar days before the start of the hearing. The applicant acknowledges that any revisions to the proposal after that date without the consent of the parties may be grounds for the Tribunal to adjourn the hearing.
No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.
The purpose of this Procedural Order and the meaning of the terms used in this Procedural Order are set out in Attachment 5.
ATTACHMENT 1 SUMMARY OF DATES
DATE
EVENT
Thursday, November 20, 2025
Last date to provide copies of revised proposal, including all revised plans and drawings (if any)
Monday, December 8, 2025
Exchange of witness lists (names, disciplines and order to be called)
Monday, December 22, 2025
Last date to challenge identification of expert witness
Monday, January 12, 2026
Deadline for Experts’ Meeting to be held
Monday, January 26, 2026
Agreed Statement of Facts
Tuesday, February 17, 2026
Exchange of Witness Statements, summoned witness outlines, Expert Reports and Participant Statements
Monday, March 9, 2026
Exchange of Reply Witness Statements (if any)
Friday, March 13, 2026
Exchange of visual evidence (if any)
Monday, March 16, 2026
Parties to advise Tribunal if any hearing dates are to be released from the hearing calendar (if any). Written Motion to limit, exclude or to change any written evidence
Monday, April 6, 2026
Final Work Plan filed with the Tribunal
Monday, April 6, 2026
Finalize Joint Document Book
Monday, April 13, 2026
Hearing commences
ATTACHMENT 2
LIST OF PARTIES AND PARTICIPANTS
A. PARTIES
Counsel/*Agent
4875 Dundas St. West Residences Limited
Calvin Lantz Stikeman Elliott LLP 5300 Commerce Court West 199 Bay Street Toronto, ON M5L 1B9
E-mail: clantz@stikeman.com Tel.: 416 869 5669
Caroline Jordan Stikeman Elliott LLP 5300 Commerce Court West 199 Bay Street Toronto, ON M5L 1B9
E-mail: cjordan@stikeman.com Tel.: 416 869 5560
City of Toronto
Aderinsola (Derin) Abimbola City of Toronto 55 John St (Metro Hall), 26th Floor Toronto, ON M5V 3C6
Email: derin.abimbola@toronto.ca Tel.: 416 338 1376 Simona Messina City of Toronto 55 John St (Metro Hall), 26th Floor Toronto, ON M5V 3C6
Email: simona.messina@toronto.ca Tel.: 416 394 8002
Maximum Property Management Ltd.
David Bronskill
Goodmans LLP 655 Bay St, Suite 1500 Toronto, ON M4G 1E5
Email: dbronskill@goodmans.ca Tel: 416 597 4299
827149 Ontario Ltd.
Adrian Frank
KSDWP LLP 188 Avenue Road Toronto, ON M5R 2J1
Email: afrank@ksllp.ca
Tel: 416 645 4582
B. PARTICIPANTS
Caroline Warnock Barclay Terrace Condominiums 1300 & 1320 Islington Avenue Etobicoke, ON M9A 5C4 Email: cwrx@hotmail.com Tel: 416 766 5617
Heather Stanger 4875 Dundas Street West Etobicoke, ON M9A 1B2 Email: hkstanger@live.com Tel: 647 230 9466
Beverley Gordon 4875 Dundas Street West Etobicoke, ON M9A 1B2 Email: annak1364@yahoo.com Tel: 416 573 2320
Rosemary Bennett 4875 Dundas Street West Etobicoke, ON M9A 1B2 Email: rosemarybennettjuly@gmail.com Tel: 647 570 0317
Zachary Fanni 4875 Dundas Street West Etobicoke, ON M9A 1B2 Email: zfanni@gmail.com Tel: 647 377 0583
Anna Kudlak 4875 Dundas Street West Etobicoke, ON M9A 1B2 Email: annak1364@yahoo.com Tel: 416 716 8748
Gabrielle Gaedecke 90 Cordova Avenue Etobicoke, ON M9A 2H8 Email: gabygee2016@gmail.com Tel: 647 239 0503
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, or the manner in which it is expressed, is either appropriate or relevant to the determination of the Tribunal at the hearing. The extent to which an issue is appropriate or relevant to the determination of the hearing will be a matter of evidence and argument at the hearing. Accordingly, no Party shall advance an issue not identified on the Issues List without leave of the Tribunal.
Issues List of the City of Toronto
- Provincial Interest. Does the Zoning By-law Amendment and proposed development have regard for the matters of provincial interest set out in Section 2 of the Planning Act, including subsections (j) and (r).
City of Toronto:
- City of Toronto Official Plan. Does the Zoning By-law Amendment and the proposed development conform with the applicable policies of the City of Toronto Official Plan including:
a. The Public Realm (3.1.1), including 3.1.1 (2), (6), (13), and (16);
b. Built Form (3.1.3 & 3.1.4), including 3.1.3 (3),(5), (6), (7), (9), (10), (11), and (13) and 3.1.4 (9), (10), and (11);
c. Mixed Use Areas (4.5), including 4.5 (2); and
d. Implementation (5.2.1, 5.3.1, 5.3.2, and 5.6).
- Etobicoke Centre Secondary Plan. Does the Zoning By-law Amendment and the proposed development conform with the applicable policies of the Etobicoke Centre Secondary Plan including:
a. Creating Character (3.3), including Scale 3.3.1(b), (c), (d), (e);
b. Urban Design (3.4), including 3.4.4, 3.4.5 (d), 3.4.6 and 3.4.7;
c. A Safe, Attractive and Connected Pedestrian Environment (3.10), including 3.10.1 , 3.10.3, 3.10.6 and 3.10.7; and
d. Flexible, Growth-Oriented Land Use Policies (3.13.1), including (c)(i).
- City of Toronto Guidelines. Does the Zoning By-law Amendment and the proposed development have appropriate regard for and meet the intent and purpose of applicable City of Toronto Guidelines and standards including:
a. Etobicoke Centre Urban Design Guidelines;
b. Etobicoke Centre Public Space & Streetscape Plan, including Part 4, 5, 6, 7 and 8.5;
c. Tall Building Design Guidelines, including 1.1, 1.3, 1.4, 2.5, 3.1, 3.2, and 4.0; and
d. Growing Up: Planning for Children in New Vertical Communities, including 2.1 (a) and 3.0 (a), (b), (c).
Height and Scale in Context. Is the proposed development's height and scale appropriate for the existing and planned context, including the Islington Village Focus Area, and does it provide an appropriate transition between areas of differing intensity and scale?
Building Massing. Is the proposed building massing — including base building setbacks, stepbacks, and articulation — as well as the placement, massing, and design of the tower, appropriate in relation to the Village 'main street' and adjacent properties?
Shadow and Sky View. Does the proposed development minimize negative impacts of shadow and maximize access to sunlight and open views of the sky from the public realm, with respect to the Village ‘main street’ (Dundas Street West)?
Streetscape. Does the proposed development accommodate an appropriate sidewalk zone along Dundas Street West that includes both a pedestrian clearway and public street tree planting, in accordance with City standards?
Planning for Larger Households. Does the proposed development provide an appropriate mix of residential dwelling types and sizes to support the creation of housing suitable for families and meet the intent and purpose of the Growing up: Planning for New Vertical Communities Guidelines?
Implementation
- In the event the proposed Official Plan Amendment and Zoning By-law Amendment are approved by the Tribunal, in whole or in part, should the Tribunal’s final Order be withheld until the following conditions are satisfied and the Tribunal has received confirmation from the City Solicitor that:
a. The final form and content of the Official Plan Amendment and Zoning By-law Amendment is satisfactory to the Executive Director, Development Review, and the City Solicitor, including any appropriate Holding (H) Provisions;
b. The owner or applicant, at their sole cost and expense:
- Has submitted a revised Functional Servicing and Stormwater Management Report to demonstrate that the existing sanitary sewer system and watermain and any required improvements to them, have adequate capacity and supply to accommodate the development of the lands to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;
i. If the accepted Functional Servicing and Stormwater Management Report requires any new municipal infrastructure or upgrades to existing municipal infrastructure to support the development, then either:
a) The owner or applicant has secured the design, construction, and provision of financial securities for any new municipal infrastructure, or any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing and Stormwater Management Report, to support the development, in a financial secured agreement, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; or,
b) The required new municipal infrastructure or upgrades to existing municipal infrastructure to support the development in the accepted and satisfactory Functional Servicing and Stormwater Management Report are constructed and operational, all to the satisfaction to the Chief Engineer and Executive Director, Engineering and Construction Services;
Has addressed all outstanding issues identified in the Development Engineering correspondence, dated September 17, 2024, and revised on October 29, 2024, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;
Has provided a revised Transportation Impact Study to the satisfaction of the General Manager, Transportation Review;
Has provided a revised Pedestrian Level Wind Study including a Wind Tunnel Study, with mitigations to resolve wind safety exceedances and uncomfortable wind conditions resulting from the proposed development validated and incorporated into the provisions of the Zoning By-law Amendment to the satisfaction of the Executive Director, Development Review and Chief Planner and Executive Director, City Planning;
Has provided a revised Compatibility and Mitigation Study, Air Quality, Dust, Odour, Noise and Vibration study to the satisfaction of the Executive Director, Development Review; and
Has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review, in their memorandum dated September 5, 2024, as they relate to the application, including submitting an application to Injure or Remove Trees to the satisfaction of the General Manager of Parks, Forestry and Recreation.
c. The owner has secured replacement of the existing 56 rental housing units, including the same number of units, bedroom type and size and with similar rents to the satisfaction of the Chief Planner and Executive Director, City Planning;
d. The owner has secured an acceptable Tenant Relocation and Assistance Plan addressing the right for existing and former tenants to return to a replacement rental unit on the lands at similar rents, the provision of alternative accommodation at similar rents, and other assistance, including but not limited to rent gap assistance, to mitigate hardship, all to the satisfaction of the Chief Planner and Executive Director, City Planning; and
e. City Council has approved the Rental Housing Demolition application (File # 24 143880 WET 03 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 dwelling units 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 Chief Planner and Executive Director, City Planning and the City Solicitor, securing all rental housing-related matters necessary to implement City Council's decision.
Issues List of Maximum Property Management Ltd.
- Does the Zoning By-law Amendment have appropriate regard for matters of provincial interest set out in Section 2 of the Planning Act, in particular subsections (f), (h) and (n)?
Official Plan
- Does the proposed Zoning By-law Amendment conform with the City of Toronto Official Plan, in particular Policies 2.2.5, 2.4.2, 2.4.3, 2.4.11, 2.4.22, 3.1.1.1, 3.1.1.2, 3.1.1.6, 3.1.1.10, 3.1.3.4 and 4.5.2(i)?
- Does the proposed Zoning By-law Amendment conform with the Etobicoke Centre Secondary Plan, in particular Policy 3.11.5?
- Does the proposed development appropriate safe and appropriate vehicular access? Is the proposal premature without an updated Transportation Impact Study?
Issues List of 827149 Ontario Ltd.
- Does the Zoning By-law Amendment have appropriate regard for matters of provincial interest set out in Section 2 of the Planning Act, including in particular subsections (f), (h), (n) and (r)?
Official Plan
- Does the proposed Zoning By-law Amendment conform with the City of Toronto Official Plan, in particular Policies 2.2.5, 2.4.2, 2.4.3, 2.4.11, 2.4.22, 3.1.1.1, 3.1.1.2, 3.1.1.6, 3.1.1.10, 3.1.1.11, 3.1.1.15, 3.1.3.4 and 4.5.2(i) & 4.5.2(j)?
- Does the proposed Zoning By-law Amendment conform with the Etobicoke Centre Secondary Plan, including in particular Policies 3.4.6 and 3.11.5?
- Does the proposed development provide safe and appropriate vehicular access? Is the proposal premature without an updated Transportation Impact Study?
ATTACHMENT 4 ORDER OF EVIDENCE
- 4875 Dundas St. West Residences Limited
- City of Toronto
- Maximum Property Management Ltd.
- 827149 Ontario Ltd.
- 4875 Dundas St. West Residences Limited reply, if any
ATTACHMENT 5
Meaning of terms used in the Procedural Order:
A 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. An unincorporated group cannot be a party and 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 authorisation 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 (CMC), must ask the Tribunal to permit this.
A participant is an individual or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a party may do so). Section 17 of the Ontario Land Tribunal Act states that a person who is not a party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A participant may also be asked questions by the parties should the Tribunal direct a participant to attend a hearing to answer questions on the content of their written submission.
A participant must be identified and be accorded participant status by the Tribunal at the CMC. A participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A participant cannot ask for costs, or review of a decision, as a participant does not have the rights of a party to make such requests of the Tribunal.
Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party or participant 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 or participant intends to present as evidence at the hearing.
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 he or she will discuss; and a list of reports or materials that the witness will rely on at the hearing.
An expert witness statement should include his or her (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 supporting their opinions and conclusions and (5) a list of reports or materials that the witness will rely on at the hearing. An expert witness statement must be accompanied by an acknowledgement of expert’s duty.
A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a statement of the participant’s position on the appeal; a list of the issues which the participant wishes to address and the submissions of the participant on those issues; and a list of reports or materials, if any, which the participant wishes to refer to in their statement.
Additional Information
A summons may compel the appearance of a person before the Tribunal who has not agreed to appear as a witness. A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons through a request. (See Rule 13 on the summons procedure.) The request should indicate how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the information provided in the request that the evidence is relevant, necessary or admissible, the party requesting the summons may provide a further request with more detail or bring a motion in accordance with the Rules.
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.