2600546 Ontario Inc. v. Toronto (City), 2025 CanLII 9141

Ontario Land Tribunal / Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: February 7, 2025

CASE NO(S).: 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)

Heard: January 22, 2025 by Video Hearing

APPEARANCES:

Parties	Counsel
2600546 Ontario Inc.	Eileen Costello Anna Lu, co-counsel
City of Toronto	Jamie Dexter Jyoti Zuidema, co-counsel

MEMORANDUM OF ORAL DECISION DELIVERED BY D. CHIPMAN, AND ORDER OF THE TRIBUNAL

INTRODUCTION

1The Tribunal convened a second Case Management Conference (“CMC”) for an Appeal brought by 2600546 Ontario Inc. (“Appellant”) on Applications for an Official Plan Amendment (“OPA”) and Zoning By-law Amendment (“ZBA”) pursuant to s. 22(7) and s. 34(11) of the Planning Act, on the City’s refusal of the Applications for the property municipally known as 1304-1318 King Street West and 143-145 Cowan Avenue in the City of Toronto (“Subject Property”).

2The OPA and ZBA Applications seek to permit a 21-storey mixed use building including 263 dwelling units and 213 square metres of ground floor retail. The existing site contains a two storey building at 1304-1318 King Street West with several commercial units on the ground floor and eight rental residential dwelling units. The building at 145 Cowan Avenue is vacant.

3A Participant statement dated January 22, 2025, was received from Daniel Janvier on behalf of UNITE HERE, and will be circulated by the Case Coordinator to the Parties.

4A 10-day Hearing of the Merits has been scheduled to commence on Monday May 26, 2025, at 10 a.m. by Video Hearing.

PARTY STATUS REQUEST

5At the first CMC, Mr. Hershoff and Ms. Grosberg requested Party status. After informing them on the obligations of being a Party, the Tribunal allowed Mr. Hershoff and Ms. Grosberg, time to consider their options and directed them to provide the Parties with a list of issues to be included in the draft Procedural Order and Issues List (“PO/IL”) should they still wish to pursue Party status. They were directed to inform the Case Coordinator should they prefer Participant status.

6Through an email dated December 2, 2024, Mr. Hershoff and Ms. Grosberg indicated that they wish to convert their Party status request to a Participant status request. As a result, the Tribunal did not provide a ruling on the Party status request and granted Participant status to Mr. Hershoff and Ms. Grosberg. A submission as a Participant to this matter has been received by the Tribunal and the Parties.

PROCEDURAL ORDER AND ISSUES LIST

7The Parties jointly provided a draft Procedural Order and Issues List (“PO/IL”) in advance of the CMC. A final version of the PO/IL was provided prior to the issuance of this Decision. Having reviewed the draft PO/IL and discussed same with the Parties and upon noting the revisions received on consent, the Tribunal orders that the PO/lL attached as Schedule 1 to this Decision shall govern the proceedings.

OPPORTUNITIES FOR MEDIATION

8The Tribunal once again explored the possibility of mediation with the Parties, who advised that, at present, mediation is not viable. In the event the Parties require the assistance of the Tribunal for mediation, they are to submit the necessary request to the Case Coordinator.

9For the convenience of the Parties, the Hearing of the Merits coordinates are presented as follows:

10The 10-day Hearing of the Merits will commence on Monday May 26, 2025, at 10 a.m. by Video Hearing.

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:

GoToMeeting: https://meet.goto.com/680885805

Access Code: 680-885-805

12Parties and Participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html

13Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling in to an audio-only telephone line: Toll-Free 1(888) 299-1889 or +1 (647) 497-9373. The Access Code is indicated 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 Video Hearing 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.

15The Tribunal inquired as to whether there were any other matters to be addressed, which might assist in the fair, just and expeditious resolution of this matter. The Parties indicated that there were none.

ORDER

16THE TRIBUNAL ORDERS THAT:

a) The Procedural Order and Issues List noted as Attachment 1 to this Decision is in force and effect and will govern the merit Hearing.

b) The Tribunal grants of Participant status to Aaron Hershoff, Erin Grosberg and Daniel Janvier on behalf of UNITED HERE.

17This Member remains available to assist with the case management of this proceeding, subject to the Tribunal’s calendar.

18No further notice will be given.

D. CHIPMAN

“D. Chipman”

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.

SCHEDULE 1

CASE NO(S).: 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)

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 hearing will begin on May 26, 2025 at 10:00 a.m. as directed in the Tribunal's Decision and Order.

3. The length of the hearing will be about ten (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.

4. The Parties and Participants identified at the Case Management Conference are listed in Attachment 2 to this Order.

5. 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.

6. 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.

7. 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.

8. 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

9. 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).

10. 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.

11. 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.

12. A witness or participant must provide to the Tribunal and the Parties a witness statement or participant statement, respectively, on or before March 24, 2025 (sixty-five (65) 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.

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 Section 14.

14. On or before March 24, 2025 (sixty-five (65) 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.

15. On or before April 11, 2025 (forty-five (45) 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.

16. On or before April 16, 2025 (forty (40) 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.

17. On or before April 28, 2025 (thirty (30) 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.

18. 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.

19. 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.

20. On or before April 28, 2025 (thirty (30) 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.

21. The Parties shall prepare a Joint Document Book on or before May 6, 2025 (20 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.

22. 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.

23. 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.

24. 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.

25. 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.

26. 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.

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
March 24, 2025 (65 days prior to hearing)	Exchange of Witness Statements, summoned witness outlines, Expert Reports and Participant Statements
April 11, 2025 (45 days prior to hearing)	Exchange of Reply Witness Statements (if any)
April 16, 2025 (40 days prior to hearing)	Parties to Advise Tribunal if any hearing dates are to be released from the hearing calendar (if any)
April 28, 2025 (30 days prior to hearing)	Exchange of visual evidence (if any)
April 28, 2025 (30 days prior to hearing)	Final Work Plan filed with the Tribunal
May 6, 2025 (20 days prior to hearing)	Finalize Joint Document Book
May 26, 2025	Hearing commences

ATTACHMENT 2

LIST OF PARTIES AND PARTICIPANTS

A. PARTIES

*Counsel/Agent

1. 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

2. 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.

City of Toronto

Planning Act

1. 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?

2. 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

3. 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

4. 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:

• Policies 2.3.1.1, 2.3.1.3, 2.3.1.4 and 2.3.1.6

b. Public Realm:

• Policies 3.1.1.6 and 3.1.1.13

c. Built Form:

• Policies 3.1.3.3, 3.1.3.5, 3.1.3.6, 3.1.3.7, and 3.1.3.10
• Policies 3.1.4.4 – 3.1.4.12

d. Housing:

• Policies 3.2.1.1 and 3.2.1.6

e. Land Use Designations:

• Neighbourhood Policies:
  • 4.1.1 and 4.1.5
• Mixed Use Areas Policies:
  • 4.5.2(c), (d), (e), and (i)

f. The Official Plan

• 5.3.1.3

Site Specific Issues

Land Use

5. Do the proposed development, Official Plan Amendment, and Zoning By-law Amendment fit within the existing and planned context?

6. 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?

7. Is the development proposal in the public interest?

Site Organization, Built Form, Height, Massing, and Density

8. Does the proposed development represent principles of good planning and urban design?

9. 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?

f. Are the wind impacts from the proposed development acceptable?

10. Does the proposal provide adequate space for the preservation of existing trees and the new tree plantings as required by the Toronto Green Standard?

Mobility

11. Has the proposal provided an appropriate mix and organization of vehicle parking, particularly visitor vehicle parking?

City of Toronto Guidelines

12. 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

13. 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

14. 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

15. 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.

1. 2600546 Ontario Inc.
2. City of Toronto
3. 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.

62014590.9