Ontario Land Tribunal
655 Bay Street, Suite 1500
Toronto ON M5G 1E5
Telephone: (416) 212-6349
Toll Free: 1-866-448-2248
Website: olt.gov.on.ca
Tribunal ontarien de
l’aménagement du territoire
655 rue Bay, suite 1500
Toronto ON M5G 1E5
Téléphone: (416) 212-6349
Sans Frais: 1-866-448-2248
Site Web: olt.gov.on.ca
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O.
1990, c. P.13, as amended
Applicant/Appellant: 1366 Yonge Street Inc.
Subject: Official Plan Amendment
Description: To permit development of 41-storey building
containing 489 residential units
Property Address: 1366 Yonge Street
Municipality/UT: Toronto
Municipal File No.: 22 199265 STE 12 OZ
OLT Case No.: OLT-23-000460
OLT Lead Case No.: OLT-23-000460
OLT Case Name: 1366 Yonge Street Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O.
1990, c. P.13, as amended
Applicant/Appellant: 1366 Yonge Street Inc.
Subject: Zoning Bylaw Amendment
Description: To permit development of 41-storey building
containing 489 residential units
Property Address: 1366 Yonge Street
Municipality/UT: Toronto
Municipal File No.: 22 199265 STE 12 OZ
OLT Case No.: OLT-23-000461
OLT Lead Case No.: OLT-23-000460
OLT Case Name: 1366 Yonge Street Inc. v. Toronto (City)
The Ontario Land Tribunal (“Tribunal”) will conduct a Settlement Hearing by Video
Conference for this matter.
The event will be held:
AT: 10:00 AM
ON: July 23, 2024
AT: https://global.gotomeeting.com/join/656004293
Access Code: 656-004-293
The Tribunal has set aside 1 day for this matter.
The event will be held using GoToMeeting. The appellant(s), applicant, municipality or
approval authority, and those persons who intend to request party or participant status,
are asked to log into the video hearing through the link provided above at least 15
minutes before the start of the event to test their video and audio connections. All
persons are expected 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. A web application is also available:
https://app.gotomeeting.com/home.html A compatible web browser for this service is
Chrome.
Persons who experience technical difficulties accessing the GoToMeeting application or
who only wish to listen to the event can connect to the event by calling into an audio-
only telephone line: 1-888-299-1889 (Toll Free) or +1 (647) 497-9373. The access
code is 656-004-293.
Event dates are firm – adjournments will not be granted except in the most serious
circumstances, and only in accordance with the Tribunal’s Rules of Practice and
Procedure Rule 17 on adjournments.
This event is conducted under Rule 20 of the Tribunal’s Rules. Rule 20.2 sets out how a
party may object to the Tribunal conducting this event electronically. Any party, or any
person who intends to seek party status, may object to the Tribunal holding this event
by video by filing an objection with the Tribunal’s Case Coordinator. The objection must
be received by the Tribunal at least 20 days before the date of the Hearing and must
be copied to the other parties. All contact information is included in Schedule A.
If you do not attend the event, the Tribunal may proceed in your absence and you will
not be entitled to any further notice of these proceedings.
SUBMISSION REQUIREMENTS
If a person intends to refer to a document at the Hearing that is not in the Tribunal’s
case file, the document is expected to be pre-filed electronically with the Tribunal at
least 10 days before the date of the Hearing, unless another filing date is specified in
the Tribunal’s Rules. All pre-filed documents shall be served on the other parties
electronically. All contact information is included in Schedule A.
Submissions larger than 10MB must be transferred to the Tribunal’s Case Coordinator
using an electronic file sharing link/service. Please see Schedule B for further
submission requirements.
FURTHER DIRECTIONS
Tribunal proceedings are open to the public and all documents filed in a proceeding will
be included in the Tribunal’s public file (except those documents that may be deemed
confidential in accordance with the Ontario Land Tribunal’s Rule 22.1.
The Tribunal shall issue a disposition following the Hearing that will set out the
directions of the Tribunal. A copy of this decision may be obtained from the Tribunal’s
website (https://olt.gov.on.ca/decisions/ by referencing the above case number.
Please review the Tribunal’s Rules for relevant information.
We are committed to providing accessible services as set out in the Accessibility for
Ontarians with Disabilities Act, 2005. If you have any accessibility needs, please contact
our Accessibility Coordinator as soon as possible by emailing
OLT.COORDINATOR@ontario.ca. If you require documents in formats other than
conventional print, or if you have specific accommodation needs, please let us know so
we can make arrangements in advance.
Pour recevoir des services en français, veuillez communiquer avec la Tribunal au 1-
866-448-2248/(416) 212-6349 ou OLT.COORDINATOR@ontario.ca.
For general information concerning the Tribunal, visit our website at https://olt.gov.on.ca
or you may contact the Tribunal’s offices at 1-866-448-2248 or local (416) 212-6349.
DATED at Toronto, this 28th day of May, 2024.
Euken Lui
Acting Registrar
SCHEDULE A
Please provide materials electronically to the assigned Tribunal Case Coordinator
Michael Tam at michael.tam@ontario.ca.
On the same day that documents are submitted to the Tribunal, electronic copies are to
be submitted to:
APPLICANT/APPELLANT REPRESENTATIVE
David Bronskill
dbronskill@goodmans.ca
APPROVAL AUTHORITY
City of Toronto – Kasia Czajkowski
Kasia.Czajkowski@toronto.ca
PARTIES
Catholic Cemeteries & Funeral Services Inc.
Jesse White - tjwhite@millerthomson.com
David Tang - dtang@millerthomson.com
1148813 Ontario Inc.
Aaron Platt - aplatt@LN.Law
SCHEDULE B
INSTRUCTIONS FOR ELECTRONIC PRE-FILING SUBMISSIONS
Submission requirements to organize the video hearing
If a person intends to refer to a document at the video hearing (for clarity, any document
that is not in the Tribunal’s case file), it is expected to be pre-filed electronically with the
Tribunal at least 10 days before the date of the video hearing and provided to all
parties. The deadline applies unless otherwise specified in the Rules.
Submission emails under 10MB in size may be emailed directly to the assigned
Tribunal Case Coordinator. Emails larger than 10MB must be transferred to the
Tribunal’s Case Coordinator using an electronic file sharing link/service to avoid sending
documents across multiple email parts. Where appropriate, documents are to be
submitted in .pdf format.
Naming convention
To assist the Tribunal and the adjudicator during the event, it is important that all
submissions are paginated and labelled appropriately to clearly identify the content of
each document. Where a document contains numerous sections, each section is to be
indexed to a table of contents.
Additionally, clearly identify and separately tab the relevant sections that will be relied
upon for quicker reference. The entirety of the policy documents (e.g. the PPS, Planning
Act, Official Plans, Zoning By-laws, etc.) are not required unless deemed necessary to
be presented by the parties or as otherwise directed by the Tribunal.
Parties are asked to adhere to the following naming convention: case number_party
role_ document type_date of hearing event.
For example: PL123456_Applicant_Notice of Motion_Jan 1, 2020
Please see Rules 7.1 and 7.2 for the standard document submission requirements.
EXCERPTS FROM TRIBUNAL RULES OF PRACTICE AND PROCEDURE
RULE 7
DOCUMENTS, EXHIBITS, FILING, SERVICE
7.1 Form of Documents Unless otherwise directed by the Tribunal, every document
filed or introduced by a party or participant in a proceeding before the Tribunal shall be
legible and prepared on letter size paper (8 ½” x 11”), except for large documents such
as plans, surveys or maps, and, where bound together with other documents, shall have
each page numbered consecutively, throughout the entire text or within tabs, including
any graphic content. Wherever possible, an electronic copy of the document must also
be filed with the Tribunal, identically numbered as the paper document.
7.2 Other Exhibits Large graphic or other such types of visual evidence should not
be glued to foam or other boards. They shall be on paper and be removed from the
boards following the hearing event, and folded to 8 ½” x 11”. Three-dimensional models
must be photographed and the photographs must be introduced with the model. Visual
evidence must be reviewed by the other parties before the hearing event or by an
earlier date if set out in a procedural order.
7.3 Copies of Documents for Parties and the Municipal Clerk A party who
intends to introduce a document as evidence at a hearing event shall provide a copy of
the document to all the parties at the beginning of the proceeding or by an earlier date if
that is required by the terms of a procedural order or otherwise directed by the Tribunal.
If the document is an official plan, those parts of the plan to be referred to at the hearing
event should be distributed to the parties, and a copy of the entire plan must be made
available to the Tribunal Member(s). If the Tribunal orders that the Municipal Clerk keep
copies of documents for public inspection, they do not need to be certified copies,
unless a party objects that they are not authentic copies.
7.4 Prefiling of Witness Statements and Reports If the hearing is expected to last
more than 5 days, the Tribunal may require that parties calling expert or professional
witnesses serve on the other parties any expert witness statements and reports
prepared for the hearing, at least 30 days in advance of the commencement of the
hearing, unless otherwise directed by the Tribunal. The Tribunal may in its discretion, or
at the request of a party, also make this prefiling order for hearings expected to last
fewer than 5 days. The expert witness statement must contain:
a) An executed acknowledgment of expert’s duty form (attached to these Rules)
and the expert’s qualifications;
b) The issues the expert will address, their opinions on these issues, the reasons
That support their opinions and their conclusions; and
c) A list of the reports or documents, whether prepared by the expert or by
someone else, that the expert will refer to at the hearing.
The expert’s complete report may be filed instead of this statement if it contains the
required information.
An expert may not be permitted to testify if this statement or report is not served on all
parties when so directed by the Tribunal.
7.5 Duty of the Expert Witness It is the duty of every expert engaged by or on
behalf of a party who is to provide opinion evidence at a proceeding under these Rules
to acknowledge, either prior to (by signing the acknowledgment form attached to the
Rules) or at the proceeding, that they are to:
a) Provide opinion evidence that is fair, objective and non-partisan;
b) Provide opinion evidence that is related only to the matters that are within the
expert’s area of expertise;
c) Provide such additional assistance as the Tribunal may reasonably require to
determine a matter in issue;
d) Not to seek or receive assistance or communication from any third party, except
technical support, while giving oral evidence in examination in chief, while under
cross-examination, or while in reply; and
e) Acknowledge that these duties prevail over any obligation owed by the expert to
the party by whom or on whose behalf he or she is engaged.
7.6 Other Witnesses The Tribunal may also require that a witness who is not
presenting expert evidence provide a witness statement. A witness statement should
contain:
a) A short-written outline of the person’s background experience and interest in the
matter;
b) A list of the issues that they will discuss; and
c) A list of reports or materials that they will rely on at the hearing.
The Tribunal may decline to allow the witness to testify if this statement is required by
the Tribunal and has not been provided to the other parties.
7.7 Participant Statements A person who wishes to participate in a proceeding as a
participant, shall file a written participant statement that sets out their position on the
appeal and issues of the proceeding, together with an explanation of their reasons in
support of their position. A participant may only make submissions to the Tribunal in
writing unless otherwise provided for by an Act or regulation.
7.8 Amendment of Documents Documents filed with the Tribunal can only be
amended with the consent of the parties or by order of the Tribunal. The Tribunal may
require that the person requesting an amendment do so by way of a motion under Rule
10.
7.9 Copies of Tribunal Documents A person may examine any document,
including electronic documents, filed with the Tribunal and copy it after paying the
Tribunal’s fee, unless a statute, a Court Order, an order of the Tribunal or these Rules
provide otherwise.
7.10 Return of Exhibits Exhibits of all types introduced at a hearing will be kept for
180 days after the Tribunal decision issues. The person introducing an exhibit may ask
for its return after this time, and it may be given back if the Tribunal agrees. If no such
request is made, the exhibit becomes the property of the Tribunal and may be archived.
7.11 Service by Personal Service or Electronic Service Where any document is
required to be served or filed, including the one commencing a proceeding or a motion
or providing notice, it shall be served by personal service, registered mail or
electronically (unless a statute or the Tribunal requires another method of service) and
shall be sent to:
a) The party’s representative, if any;
b) Where the party is an individual and is not represented, to that party directly,
where that party has provided an address for service and/or an e-mail address;
c) Where that party is a corporation and is not represented, to the corporation
directly, to the attention of an individual with apparent authority to receive the
document;
d) Where served on or filed with a local board or commission, or any department,
ministry or agency of the federal, provincial or municipal government, to an
individual with apparent authority to receive the document; or
e) Where served on or filed with the Tribunal, to the Registrar, or the assigned
administrative staff.
Subject to Rule 7.12, if a document is served by e-mail, then service is effective on the
date of service.
7.12 If Served Electronically After 4:30 p.m. Any document served electronically
after 4:30 p.m. is deemed to have been served on the next business day.
7.13 Proof of Electronic Service A confirmation printout received by the sender is
proof of the full transmission and receipt of the electronic service.
RULE 8
ROLE AND OBLIGATIONS OF A PARTY
8.1 Role and Obligations of a Party Subject to Rule 8.2 below, a person conferred
party status to a proceeding before the Tribunal may participate fully in the proceeding,
and by way of example may:
a) Identify issues raised in a notice of appeal for the approval of the Tribunal;
b) Bring or respond to any motion in the proceeding;
c) Receive copies of all documents and supporting information exchanged, relied
upon or filed in connection with any hearing event conducted in the proceeding;
d) Present opening and closing submissions at the hearing;
e) Present and examine witnesses and cross-examine witnesses not of like interest;
f) Claim costs or be subject to a costs award when ordered by the Tribunal; and
g) Request a review of the Tribunal’s decision or order as set out in Rule 25.
8.2 Power of Tribunal to Add or Substitute Parties The Tribunal may add or
substitute a party to a proceeding when that person satisfies any applicable legislative
tests necessary to be a party and their interest may be transferred or transmitted to
another party to be added or substituted provided their presence is necessary to enable
the Tribunal to adjudicate effectively and completely on the issues in the proceeding.
8.3 Non-Appellant Party A party to a proceeding before the Tribunal which arises
under any of subsections 17(24) or (36), 34(19) or 51(39) of the Planning Act who is not
an appellant of the municipal decision or enactment may not raise or introduce a new
issue in the proceeding. The non-appellant party may only participate in these appeals
of municipal decisions by sheltering under an issue raised in an appeal by an appellant
party and may participate fully in the proceeding to the extent that the issue remains in
dispute. A non-appellant party has no independent status to continue an appeal should
that appeal be withdrawn by an appellant party.
8.4 Common Interest Class Where the Tribunal is of the opinion that more than one
party is of common interest with another party or other parties, the Tribunal may, on its
own initiative or on the request of any party, appoint a person of that class of parties to
represent the class in the proceeding.
RULE 17
ADJOURNMENTS
17.1 Hearing Dates Fixed Hearing events will take place on the date set unless the
Tribunal agrees to an adjournment. Adjournments will not be allowed that may prevent
the Tribunal from completing and disposing of its proceedings within any applicable
prescribed time period.
17.2 Requests for Adjournment if All Parties Consent If all of the parties agree,
they may make a written request to adjourn a hearing event. The request must include
the reasons, a suggested new date, and the written consents of all parties. However,
the Tribunal may require that the parties attend in person or convene an electronic
hearing to request an adjournment, even if all of the parties consent. The consenting
parties are expected to present submissions to the Tribunal on the application of any
prescribed time period to dispose of the proceeding.
17.3 Requests for Adjournment without Consent If a party objects to an
adjournment request, the party requesting the adjournment must bring a motion at least
15 days before the date set for the hearing event. If the reason for an adjournment
arises less than 15 days before the date set for the hearing event, the party must give
notice of the request to the Tribunal and to the other parties and serve their motion
materials as soon as possible. If the Tribunal refuses to consider a late request, any
motion for adjournment must be made in person, at the beginning of the hearing event.
17.4 Emergencies Only The Tribunal will grant last minute adjournments only for
unavoidable emergencies, such as illnesses so close to the hearing date that another
representative or witness cannot be obtained. The Tribunal must be informed of these
emergencies as soon as possible.
17.5 Powers of Tribunal upon Adjournment Request The Tribunal may,
a) Grant the request;
b) Grant the request and fix a new date or, where appropriate, the Tribunal will
schedule a case management conference on the status of the matter;
c) Grant a shorter adjournment than requested;
d) Deny the request, even if all parties have consented;
e) Direct that the hearing proceed as scheduled but with a different witness, or
evidence on another issue;
f) Grant an indefinite adjournment, if the Tribunal finds no substantial prejudice to
the other parties or to the Tribunal’s schedule and the Tribunal concludes the
request is reasonable for the determination of the issues in dispute. In this case,
a party must make a request, or the Tribunal on its own initiative may direct, that
the hearing be rescheduled or resumed as the case may be;
g) Convert the scheduled date to a mediation or case management conference; and
h) Make any other appropriate order.
RULE 20
ELECTRONIC HEARINGS
20.1 Hearing Events by Teleconference or Videoconference The Tribunal may
hold a hearing event by electronic hearing, such as by teleconference or
videoconference, for the determination of any issue in the proceeding. Where the
Tribunal directs that a hearing event be held by electronic hearing, the Tribunal may
direct a party to make the necessary arrangements and to give notice of those
arrangements to the Tribunal and other parties.
20.2 Objection to the Electronic Format A party who objects to a hearing event
being held as an electronic hearing shall notify the Tribunal and all other parties of its
objection within the time period specified in the notice of the electronic hearing. The
objecting party shall set out the reasons why the electronic hearing is likely to cause the
objecting party significant prejudice.
20.3 Response to Notice of Objection The Tribunal may request a written response
from other parties to the objection of an electronic hearing within a time period set out
by the Tribunal.
20.4 Procedure When Objection is Received If the Tribunal receives an objection to
hold a hearing event by electronic hearing, it may:
a) Accept the objection, cancel the electronic hearing, and schedule an in person or
written hearing; or
b) If the Tribunal is satisfied, after considering any responding submissions that no
significant prejudice will result to a party, then the Tribunal will reject the
objection and proceed with the electronic hearing.
20.5 Directions for the Electronic Hearing The Tribunal may direct the
arrangements for the electronic hearing or designate an approved location for
videoconference to protect the integrity of the hearing process, including the security
and confidentiality of evidence as necessary.
20.6 Videoconferences The Tribunal shall pre-approve all arrangements for
conducting a hearing event by videoconference, including the pre-filing and exchange of
motion materials, documents, written submissions or any visual and written evidence,
and the locations for the conference. Any information, statement or material intended to
be filed as an exhibit at a videoconference shall be pre-filed with the Tribunal and
provided to all parties in accordance with the Tribunal’s directions or procedural order
for conducting a hearing event by videoconference.
20.7 The View of the Camera A party’s representative or a witness in a
videoconference shall be in view of the camera, with minimal visual obstructions, in the
course of their presentations or submissions to the Tribunal. Where a witness is being
examined or cross-examined, there shall be a view of the witness, counsel protecting
the witness, and the person conducting the examination or cross-examination. Any
document that may be referred to by parties or their witnesses shall be visible and
legible to the Tribunal and all other parties to the conference, either by the camera or by
referring to a copy of the document exchanged in accordance with the Tribunal’s
directions.
June 1, 2021