Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: January 28, 2025

CASE NO.: OLT-24-000780 OLT-24-001007

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: RM Dufferin Plaza Inc. Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To permit the redevelopment of an underutilized commercial plaza surrounded by at grade parking with new residential/mixed-use buildings Reference Number: 23 164435 NNY 08 OZ Property Address: 3140 - 3170 Dufferin Street and 60-68 Apex Road Municipality/UT: Toronto/Toronto OLT Case No.: OLT-24-000780 OLT Lead Case No.: OLT-24-000780 OLT Case Name: RM Dufferin Plaza 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: RM Dufferin Plaza Inc. Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit the redevelopment of an underutilized commercial plaza surrounded by at grade parking with new residential/mixed-use buildings Reference Number: 21 203752 NNY 08 OZ Property Address: 3140 - 3170 Dufferin Street and 60-68 Apex Road Municipality/UT: Toronto/Toronto OLT Case No.: OLT-24-000781 OLT Lead Case No.: OLT-24-000780

PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: RM Dufferin Plaza Inc. Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision Description: To permit the redevelopment of an underutilized commercial plaza surrounded by at grade parking with new residential/mixed-use buildings Reference Number: 21 203753 NNY 08 Property Address: 3140 - 3170 Dufferin Street and 60-68 Apex Road Municipality/UT: Toronto/Toronto OLT Case No.: OLT-24-000782 OLT Lead Case No.: OLT-24-000780

PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A

Appellant: RM Dufferin Plaza Inc. Subject: Site Plan Description: To permit the redevelopment of an underutilized commercial plaza surrounded by at grade parking with new residential/mixed-use buildings Reference Number: 23 164446 NNY 08 SA Property Address: 3140 - 3170 Dufferin Street and 60-68 Apex Road Municipality/UT: Toronto/Toronto OLT Case No.: OLT-24-000783 OLT Lead Case No.: OLT-24-000780

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: 1583796 Ontario Inc. Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To permit new residential/mixed-use buildings containing four towers of 18, 20, 23 and 25 storeys Reference Number: 24 113657 NNY 08 OZ Property Address: 3180 Dufferin Street Municipality/UT: Toronto/Toronto OLT Case No.: OLT-24-001007 OLT Lead Case No.: OLT-24-001007 OLT Case Name: 1583796 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: 1583796 Ontario Inc. Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit new residential/mixed-use buildings containing four towers of 18, 20, 23 and 25 storeys Reference Number: 24 113657 NNY 08 OZ (21 131792 NNY 08 OZ) Property Address: 3180 Dufferin Street Municipality/UT: Toronto/Toronto OLT Case No.: OLT-24-001008 OLT Lead Case No.: OLT-24-001007

PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: 1583796 Ontario Inc. Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision Description: To permit new residential/mixed-use buildings containing four towers of 18, 20, 23 and 25 storeys Reference Number: 21 121793 NNY 08 SB Property Address: 3180 Dufferin Street Municipality/UT: Toronto/Toronto OLT Case No.: OLT-24-001009 OLT Lead Case No.: OLT-24-001007

PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A

Appellant and Appellant: 1583796 Ontario Inc. Subject: Site Plan Description: To permit new residential/mixed-use buildings containing four towers of 18, 20, 23 and 25 storeys Reference Number: 21 250652 NNY 08 SA Property Address: 3180 Dufferin Street Municipality/UT: Toronto/Toronto OLT Case No.: OLT-24-001010 OLT Lead Case No.: OLT-24-001007

BEFORE: MATHIEU QUESNEL MEMBER Tuesday, the 28th day of January, 2025

THE TRIBUNAL ORDERS that further to the Decision issued on January 21, 2025 the 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 October 1, 2025. The Tribunal has set aside fifteen (15) 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

1. 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

2. The video hearing will begin on October 1, 2025 at 10:00 a.m.

3. The length of the hearing is fifteen (15) days not including October 13 and 14, 2025. 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 the attached Summary of Dates.

4. The parties and participants identified at the case management conference are set out in Attachment 1 (see the sample procedural order for the meaning of these terms).

5. The issues are set out in the Issues List attached as Attachment 2. 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.

6. The order of evidence shall be as set out in Attachment 3 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.

7. Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.

8. 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.

Requirements Before the Hearing

9. 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 May 29, 2025. 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.

10. 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 June 3, 2025 (date – at least 120 days prior to the start of the hearing) and in accordance with paragraph 23 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and 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 June 18, 2025 [15 days after witness lists are exchanged].

11. Expert witnesses in the same field shall have a meeting on or before June 27, 2025 (date) and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before July 3, 2025 (date – at least 90 days prior to the start of the hearing).

12. 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. Copies of this must be provided as in paragraph 14 below. 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.

13. 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 paragraph 14 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 14 below.

14. On or before July 18, 2025 (date – at least 75 days prior to the start of the hearing), the parties shall provide copies of their [witness and] expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 23 below.

15. On or before July 18, 2025 (date – at least 75 days prior to the start of the hearing), a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 23 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

16. On or before August 22,2025 (date - at least 40 days prior to the start of the hearing) the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

17. On or before August 29, 2025 (date – at least 30 days prior to the start of the hearing), the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 23 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

18. Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence on or before August 18, 2025 (date – at least 45 days prior to the start of the hearing) and in accordance with paragraph 23 below.

19. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before September 11, 2025 (date – at least 20 days prior to the start of the hearing).

20. A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.

21. A party who provides written evidence of a witness 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.

22. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before September 19, 2025 (date – at least 10 days prior to the start of the hearing) with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.

23. All filings shall be submitted electronically and in hard copy. 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.

24. 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.

This Member is not seized.

So orders the Tribunal.

BEFORE: Name of Member: Date:

TRIBUNAL REGISTRAR

SUMMARY OF DATES

DATE	EVENT
May 29, 2025	Last date to provide copies of revised proposal, including all revised plans and drawings (if any)
June 3, 2025 [at least 120 days before the hearing]	Exchange of witness lists (names, disciplines and order to be called)
June 18, 2025 [15 days after witness lists are exchanged]	Last Day to Challenge Witness Qualifications
June 27, 2025	Experts Meeting
July 3, 2025 [at least 90 days prior to the start of the hearing]	Agreed Statement of Facts
July 18, 2025 [ at least 75 days prior to the start of the hearing]	Exchange of Witness Statements, summoned witness outlines, Expert Reports and Participant Statements
August 18, 2025 [at least 45 days prior to the start of the hearing]	Exchange of Reply Witness Statements (if any)
August 29, 2025 [at least 30 days prior to the start of the hearing]	Exchange of visual evidence (if any)
September 11, 2025 [at least 20 days prior to the start of the hearing]	Preparation of Joint Document Book
September 19, 2025 [at least 10 days prior to the start of the hearing]	Final Work Plan filed with the Tribunal
October 1, 2025	Hearing commences

ATTACHMENT 1 PARTIES/PARTICIPANTS

Parties

1. RM Dufferin Plaza Inc. and 1583796 Ontario Inc. Anne Benedetti (416) 597-5929 abenedetti@goodmans.ca

2. City of Toronto Laura Bisset (416) 392-8782 laura.bisset@toronto.ca

Simona Messina (416) 394-8002 simona.messina@toronto.ca

3. Duff Real Estate Holdings Inc. Matthew Schuman (416) 691-4319 mschuman@mccarthy.ca

Participants

1. Rick Paolozzi Rick Paolozzi 403-710-9991 (cell) or 416-783-5047 rpaolozzi@shaw.ca

ATTACHMENT 2 ISSUES LIST

NOTE: The identification of an issue does not mean that all parties agree that such issue, or the manner in which the issue is expressed, is appropriate or relevant to the determination of the Tribunal at the hearing. The extent to which these issues are appropriate or relevant to the determination of the Tribunal at the hearing will be a matter of evidence and argument at the hearing.

NOTE: To the extent that the applicant modifies its proposal in accordance with paragraph 9 of the Procedural Order, the City of Toronto reserves the right to delete from or to add issues to its Issues List.

City of Toronto

Planning Act

1. Do the proposed Official Plan and Zoning By-law Amendments have appropriate regard for the matters of provincial interest listed in Section 2 of the Planning Act, including subsections 2(f), (h), (hi.1), (i), (j), (k), (o), (p), (q) and (r)?

2. Would the approval by the Tribunal of the proposed Official Plan and Zoning By-law Amendments have regard for the decision of the Tribunal to approve Official Plan Amendment No. 294, and information and material that the Tribunal considered in making its decisions to modify and partially approve Official Plan Amendment No. 294, in accordance with Subsection 2.1(1) of the Planning Act?

3. Would the approval by the Tribunal of the proposed Official Plan and Zoning By-law Amendments have regard for any information and material received by City Council, in accordance with Subsection 2.1(2) of the Planning Act?

Provincial Planning Statement (2024)

4. Are the proposed Official Plan and Zoning By-law Amendments consistent with the Provincial Planning Statement (2024), including policies 2.1(6), 2.2(1)(c), 2.4.1(2) and (3), 2.4.2(3), 2.8.1(1) and (3), 2.8.2(1) and (3), 2.9(1), 3.1(1), 3.2(2), 3.3(1), Section 3.5, 3.9(1), 6.1 (5) and (11), and 6.2(1).

City of Toronto Official Plan

5. Is the proposed amendment to the Official Plan consistent with the general intent of the Official Plan, including the Dufferin Street Secondary Plan?

6. Does the proposed Zoning By-law Amendment conform with the policies of the City of Toronto Official Plan, including the policies related to:

   1. Chapter 2 (Land Use and Transportation): i. Structuring Growth in the City: Integrating Land Use and Transportation (Section 2.2) including but not limited to Policies 2.2.3, 2.2.4, 2.2.5; ii. Bringing the City Together A Progressive Agenda of Transportation Change (Section 2.4), including but not limited to Policies 2.4.2, 2.4.4, 2.4.6, 2.4.7, 2.4.10, 2.4.15;

   2. Chapter 3 (Building a Successful City): i. The Public Realm (Section 3.1.1), including but not limited to Policies 3.1.1.2, 3.1.1.3, 3.1.1.6, 3.1.1.8, 3.1.1.9, 3.1.1.13, 3.1.1.15, 3.1.1.16; ii. Public Realm – Higher-Order Transit (Section 3.1.2) iii. Built Form (Section 3.1.3), including but not limited to Policies 3.1.3.10, 3.1.3.13 iv. Built Form – Building Types (Section 3.1.4) v. Parks and Open Space (Section 3.2.3) vi. The Natural Environment (Section 3.4), including but not limited to Policies 3.4.1 and 3.4.20

   3. Chapter 4 (Land Use Designations) i. Mixed Use Areas (Section 4.5), including but not limited to Policy 4.5.2.2(f) ii. Employment Areas (Section 4.6); and

   4. Chapter 5 (Implementation: Making Things Happen) i. Managing Growth and Change: The Planning Toolbox (Section 5.1), including but not limited to Policy 5.1.2?

7. Does the proposed Zoning By-law Amendment conform with the policies of the Dufferin Street Secondary Plan, including the policies related to:

   1. Chapter 1 (Vision): including but not limited to Policy 1.1;
   2. Chapter 2 (Realizing the Vision);
   3. Chapter 3 (Development, Land Use and Built Form);
   4. Chapter 4 (Streetscape), including but limited to Policy 4.4;
   5. Chapter 5 (Density);
   6. Chapter 6 (Municipal Servicing);
   7. Chapter 7 (Mobility);
   8. Chapter 9 (Large Block Policies), including Policy 9.3 – Block 7;
   9. Chapter 10 (Housing and Community Services and Facilities), including Policy 10.2;
   10. Chapter 11 (Implementation and Interpretation), including but not limited to Policies 11.4, 11.5, 11.6, 11.7, 11.8, 11.9, 11.12, 11.13 and 11.14;
   11. Chapter 12 (Site and Area Specifics), including Policy 12.1 – 3140-3170 Dufferin Street and 60-68 Apex Road; and
   12. Appendix 1?

Land Use

8. Do the proposed Official Plan and Zoning By-law Amendments provide for an appropriate mix of uses and a range of housing options including affordable housing and/or community services and facilities?

9. Is the proposed density of 5.0 times the area of the lot appropriate?

10. Are the proposed sensitive uses appropriately separated from adjacent Employment Areas-designated lands?

11. Does the proposal avoid, or alternatively minimize and mitigate, potential impacts on the long-term economic viability of employment uses?

Built Form and Public Realm

12. Does the proposed development fit appropriately within the existing and planned context, with regard to its setbacks, step backs, scale, height, separation distances to the employment area, base building and streetwall heights, building articulation, and the front angular plane, in conformity with applicable policies and in keeping with relevant guidelines?

13. Is a tall building typology appropriate for the lands? If so, are the proposed taller elements appropriately located on the site?

14. Does the proposed base building establish an appropriate pedestrian perception? Does it establish appropriate street proportion?

15. Should the building setbacks from Apex Road, and Samor Road be increased to 5.0 metres?

16. Is adequate soil volume for tree planting proposed?

17. Has appropriate transition in scale to lower-scale employment areas been appropriately achieved?

18. Has appropriate transition in scale to Dufferin Street been appropriately achieved, so as to limit shadow, wind and visual impacts? Should the proposed massing and building organization be re-designed to minimize shadow, wind and visual impacts on the adjacent public realm?

19. Does the proposed development have appropriate regard for, and meet the intent and purpose of, the Dufferin Street Urban Design Guidelines and applicable City of Toronto Guidelines, particularly the Tall Building Design Guidelines and the Mid-rise Building Performance Standards?

Transportation and Public Streets

20. Does the proposal contribute to the connected and accessible network of public streets as envisioned in the Dufferin Street Secondary Plan and Transportation Master Plan?

21. Should the proposed east-west connection be delivered as an unencumbered public street?

22. Should the proposed north-south connection be delivered as an unencumbered public street?

23. Does the proposal provide appropriate right-of-way widths for both the east-west and north-south streets, as envisioned in Dufferin Street Secondary Plan and Transportation Master Plan?

24. Are the proposed driveway locations appropriate?

25. Does the transportation impact study adequately justify the proposal?

26. Has the applicant completed all off-site transportation-related improvements necessary to support the proposal, in accordance with the Dufferin Street Secondary Plan?

27. Will the proposal be delivered in phases? If so, how should the proposal be phased to ensure the orderly development of a safe and healthy community?

28. Is an interim turning circle required to accommodate vehicular movements in the event of phased street construction?

29. Has the proposed parking supply, including the pick-up/drop-off parking, been adequately justified?

30. Has the proposed loading supply been adequately justified?

31. Is any cycling infrastructure required along the site frontages as part of the proposed development?

32. Does the proposed Transportation Demand Management strategy provide sufficient measures to accommodate the travel generated by the development in accordance with the Official Plan and Dufferin Street Secondary Plan?

Servicing

33. Has it been demonstrated that there are adequate municipal services in place to support the proposed development? Is there adequate sanitary, storm and water capacity available to allow for adequate water pressure, and appropriate stormwater and groundwater management?

Orderly Development of the Site and Coordination with Adjacent Landowners

34. Should a holding provision be included in the Zoning By-law Amendment(s) to prohibit development until: a. the necessary servicing infrastructure has been planned for and secured? b. the block's transportation network, and transportation-related off-site improvements necessary to support the proposal have been implemented? c. the owner has submitted a Compatibility and Mitigation Study for Air Quality, Dust, Odour, Noise and Vibration, that is peer reviewed by a qualified third-party consultant retained by the City of Toronto, at the Owner’s expense, to the satisfaction of the Executive Director, Development Review?

Public Interest and Good Planning

35. 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

36. If the proposal for 3140-3170 Dufferin Street is approved in whole or in part, should the Tribunal's Order be withheld until the following conditions are satisfied, and the Tribunal has received confirmation from the City Solicitor that:

    1. the final form and content of the draft Official Plan Amendment and Zoning By-law amendments are to the satisfaction of the City Solicitor and the Executive Director, Development Review;
    2. the owner has submitted revised architectural and landscape plans to the satisfaction of the Executive Director, Development Review;
    3. the owner has submitted revised sun/shadow and wind studies to the satisfaction of the Executive Director, Development Review;
    4. the owner has satisfactorily addressed matters from Engineering and Construction Services as contained in the Engineering and Construction Services Memorandum dated May 7, 2024, and any outstanding issues raised by Engineering and Construction Services, arising from the ongoing technical review (including provision of acceptable reports and studies), as they relate to the subject applications, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;
    5. the owner has submitted updated Phase Two Environmental Site Assessment Report, Hydrological Review Summary, Hydrogeological Investigation, Preliminary Geotechnical Investigation, Servicing Report Groundwater Summary, and Functional Servicing and Stage 1 Stormwater Management Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;
    6. the owner has made satisfactory arrangements with Engineering and Construction Services and enter into the appropriate agreement with the City for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, according to the accepted Functional Servicing Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services;
    7. the owner has satisfactorily addressed the Transportation Services matters in the Engineering and Construction Services Memorandum dated May 7, 2024, and any outstanding issues raised by Transportation Services, arising from the ongoing technical review (including provision of acceptable reports and studies), as they relate to the subject applications to the satisfaction of the General Manager, Transportation Services;
    8. the owner has satisfactorily addressed matters from the Parks Development Memorandum dated April 10, 2024, and any outstanding issues raised by Parks Development arising from the ongoing technical review (including provision of acceptable reports and studies), as they relate to the subject applications to the satisfaction of the General Manager, Parks, Forestry and Recreation.
    9. the owner has submitted updated Urban Transportation Considerations Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;
    10. the owner has submitted a revised Transportation Demand Management Plan, to the satisfaction of the Executive Director, Development Review and the General Manager, Transportation Services;
    11. the owner has submitted a Compatibility and Mitigation Study for Air Quality, Dust, Odour, Noise and Vibration, that is peer reviewed by a qualified third-party consultant retained by the City of Toronto, at the Owner’s expense, to the satisfaction of the Executive Director, Development Review; and
    12. the owner has satisfactorily addressed matters from the Tree Protection and Plan Review, Urban Forestry Memorandum dated April 12, 2024, and any outstanding issues raised by Urban Forestry, arising from the ongoing technical review (including provision of acceptable reports and studies), as they relate to the subject applications to the satisfaction of the General Manager, Parks, Forestry and Recreation?

37. If the proposal for 3180 Dufferin Street is approved in whole or in part, should the Tribunal's Order be withheld until the following conditions are satisfied, and the Tribunal has received confirmation from the City Solicitor that:

    1. the final form and content of the draft Official Plan Amendment and Zoning By-law amendments are to the satisfaction of the City Solicitor and the Executive Director, Development Review;
    2. the owner has submitted revised architectural and landscape plans to the satisfaction of the Executive Director, Development Review;
    3. the owner has submitted revised sun/shadow and wind studies to the satisfaction of the Executive Director, Development Review;
    4. the owner has satisfactorily addressed matters from Engineering and Construction Services as contained in the Engineering and Construction Services Memorandum dated August 30, 2024, and any outstanding issues raised by Engineering and Construction Services, arising from the ongoing technical review (including provision of acceptable reports and studies), as they relate to the subject applications, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;
    5. the owner has submitted updated Phase One Environmental Site Assessment, Phase Two Environmental Site Assessment, Preliminary Geotechnical Investigation, Hydrogeological Assessment Report; Conceptual Site Servicing Plan, Conceptual Site Grading Plan, Subsurface Utility Engineering Study, and Functional Servicing and Stage 1 Stormwater Management Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;
    6. the owner has made satisfactory arrangements with Engineering and Construction Services and enter into the appropriate agreement with the City for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, according to the accepted Functional Servicing Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services;
    7. the owner has satisfactorily addressed the Transportation Services matters in the Engineering and Construction Services Memorandum dated August 30, 2024, and any outstanding issues raised by Transportation Services, arising from the ongoing technical review (including provision of acceptable reports and studies), as they relate to the subject applications to the satisfaction of the General Manager, Transportation Services;
    8. the owner has submitted updated Urban Transportation Considerations Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;
    9. the owner has submitted a revised Transportation Demand Management Plan, to the satisfaction of the Executive Director, Development Review and the General Manager, Transportation Services;
    10. the owner has satisfactorily addressed matters from the Parks Development Memorandum dated August 26, 2024, and any outstanding issues raised by Parks Development arising from the ongoing technical review (including provision of acceptable reports and studies), as they relate to the subject applications to the satisfaction of the General Manager, Parks, Forestry and Recreation;
    11. the owner has satisfactorily addressed matters from the Tree Protection and Plan Review, Urban Forestry Memorandum dated September 9, 2024, and any outstanding issues raised by Urban Forestry, arising from the ongoing technical review (including provision of acceptable reports and studies), as they relate to the subject applications to the satisfaction of the General Manager, Parks, Forestry and Recreation;
    12. the owner has satisfactorily addressed matters from the Transportation Planning email dated August 26, 2024, any outstanding issues raised by Transportation Planning, arising from the ongoing technical review (including provision of acceptable reports and studies), as they relate to the subject applications to the satisfaction of Executive Director, Development Review;
    13. the owner has submitted a Compatibility and Mitigation Study for Air Quality, Dust, Odour, Noise and Vibration, that is peer reviewed by a qualified third-party consultant retained by the City of Toronto, at the Owner’s expense, to the satisfaction of the Executive Director, Development Review; and
    14. the owner has satisfactorily addressed matters from the Toronto Transit Commission Memorandum dated August 19, 2024, any outstanding issues raised by the Toronto Transit Commission, arising from the ongoing technical review (including provision of acceptable reports and studies), as they relate to the subject applications to the satisfaction of the Toronto Transit Commission?

Duff Real Estate Holdings Inc.

1. Does the proposed development on each of 3140 and 3180 Dufferin Street, and if such matters are consolidated and/or heard together) represent good planning and is it in the public interest?

2. Does the proposed development on each of 3140 and 3180 Dufferin Street, and (if such matters are consolidated and/or heard together) allow for a distribution of massing that does not preclude the compatible redevelopment of 3130 Dufferin Street?

3. Does the proposed development on each of 3140 and 3180 Dufferin Street, and (if such matters are consolidated and/or heard together) provide sufficient setbacks with respect to 3130 Dufferin Street to allow for appropriate resulting base building and tower separation distances?

4. Are adequate municipal services in place to support the proposed development on each of 3140 and 3180 Dufferin Street, and (if such matters are consolidated and/or heard together), including but not limited to the availability of adequate sanitary sewage capacity and the implementation of appropriate stormwater management and groundwater management measures?

5. Are the proposed densities, and residential and non-residential gross floor area permissions on each of 3140 and 3180 Dufferin Street, and (if such matters are consolidated and/or heard together) appropriate and do they preclude the compatible redevelopment of 3130 Dufferin Street?

6. Will the proposed development on each of 3140 and 3180 Dufferin Street, and (if such matters are consolidated and/or heard together) be consistent with the future road network and public realm context contemplated by City of Toronto By-law No. 83-2023(OLT)?

7. Does the proposed development on each of 3140 and 3180 Dufferin Street, and (if such matters are consolidated and/or heard together) appropriately consider the impacts to 3130 Dufferin Street from new pedestrian, cycling, and vehicular traffic generated from the proposed development?

Duff Real Estate Holdings Inc. reserves the right to adopt issues advanced by other Parties.

ATTACHMENT 3 ORDER OF EVIDENCE

1. RM Dufferin Plaza Inc. and 1583796 Ontario Inc.
2. City of Toronto
3. Duff Real Estate Holdings Inc.
4. Reply of RM Dufferin Plaza Inc. and 1583796 Ontario Inc., if any.

Attachment to Sample Procedural Order

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.

1390-4459-2657