Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: October 25, 2021 CASE NO(S).: PL180017

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

Applicant and Appellant: Medallion Developments (Castlefields) Limited Subject: Request to amend the Official Plan - Failure of the Town of Ajax to adopt the requested amendment Existing Designation: High Density Residential (HDR) and Medium Density Residential (MDR) Proposed Designation: Site Specific (To be determined) Purpose: To permit the development of a 14-storey apartment, 5 eight storey apartment buildings, 64 townhouses and a one storey commercial building Property Address/Description: Northeast corner of Rossland Road East and Audley Road North Municipality: Town of Ajax Approval Authority File No.: OPA17-A1 OLT Case No.: PL180017 OLT File No.: PL180017 OLT Case Name: Medallion Developments (Castlefields) Limited v. Ajax (Town)

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Medallion Developments (Castlefields) Limited Subject: Application to amend Zoning By-law No. 95-2003 - Refusal or neglect of the Town of Ajax to make a decision Existing Zoning: Residential Multiple Six (RM6) Zone and Neighbourhood Commercial (NC) Zone Proposed Zoning: Site Specific (To be determined) Purpose: To permit the development of a 14-storey apartment, 5 eight storey apartment buildings, 64 townhouses and a one storey commercial building Property Address/Description: Northeast corner of Rossland Road East and Audley Road North Municipality: Town of Ajax Municipality File No.: Z1/17 OLT Case No.: PL180017 OLT File No.: PL180018

Heard: October 15, 2021 by video hearing

APPEARANCES:

Parties Medallion Developments (Castlefields) Limited (“Applicant”) Town of Ajax (“Town”) Regional Municipality of Durham (“Region”)

Counsel Aaron Platt Bruce Engell Robert Woon

MEMORANDUM OF ORAL DECISION DELIVERED BY A. CORNACCHIA ON OCTOBER 15, 2021 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This is the second Case Management Conference (“CMC”) for Case No. PL180017. The Applicant applied to the Town for an Official Plan Amendment (“OPA”) and Zoning By-law Amendment (“ZBLA”) to permit the development of a 14-storey apartment building, five eight (8)-storey apartment buildings, 64 townhouses and a one (1) storey commercial building on the property located at the Northeast corner of Rossland Road East and Audley Road North (“Subject Property”). The Town failed to decide on both applications within the statutory timelines and the Applicant filed appeals under s. 22(7) and s. 34(11) of the Planning Act (“Act”).

2At the first CMC, an unincorporated community group of 800 community members identified as “Residents of Castlefields Homes Community” (“Community Group”) requested party status through its representative, Vijay Shah (“Mr. Shah”). The Tribunal did not decide the party status request since the Community Group was not a separate identifiable legal entity. The Tribunal left the Community Group’s party status request until the next CMC when it was anticipated that the Community Group would be incorporated. In an effort to avoid delay, Mr. Shah was also encouraged by the Tribunal to communicate closely with counsel for the existing parties, and work with them to establish a draft Procedural Order (“Draft PO”) including an Issues List and Hearing Plan, despite not having party status for the Community Group.

3On June 25, 2021, the Community Group was incorporated as an Ontario corporation without share capital under the name of Castlefields Residents Association Corporation (the “Association”). Mr. Shah sent a Draft PO to counsel for the Applicant on September 27, 2021. Comments in response to the Draft PO were forwarded to Mr. Shah by counsel for the Applicant on October 1, 2021.

4On October 12, 2021, Mr. Shah resigned as a representative of the Association by email in the late evening addressed to an Association member, Amelia Maharaj. Taso Pappas (“Mr. Pappas”) another Association member agreed to be a spokesperson for the Association at this CMC. Mr. Pappas advised the Tribunal that Mr. Shah’s resignation came as a surprise to him and other members of the Association. The following matters were considered by the Tribunal at this CMC:

1. Update on Settlement Discussions,
2. Update on the Status of the Draft PO,
3. Status Request, and
4. Mr. Shah’s resignation and the need for an adjournment of the CMC.

UPDATE ON SETTLEMENT

5Counsel for all the parties confirmed that the Town Council has approved the negotiated settlement proposal relating to the OPA and ZBLA applications for the Subject Property. Currently the parties are working on the Minutes of Settlement which are in the process of being finalized. All built form issues