Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 02, 2021
CASE NO(S).: PL171325
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: RioCan Holdings Inc., 2075936 Ontario Ltd. et al
Subject: Request to amend the Official Plan - Failure of the City of Toronto to adopt the requested amendment
Existing Designation: Mixed Use Areas
Proposed Designated: Site Specific (To be determined)
Purpose: To permit a mixed-use community be redeveloped in phases
Property Address/Description: 1966-2050 Eglinton Avenue East and 50 Thermos Road
Municipality: City of Toronto
Approval Authority File No.: 15 258686 ESC 37 OZ
LPAT Case No.: PL171325
LPAT File No.: PL171325
LPAT Case Name: RioCan Holdings Inc. v. Toronto (City)
Heard: May 28, 2021 by telephone conference call
APPEARANCES:
| Parties | Counsel |
|---|---|
| RioCan Holdings Inc. 2075936 Ontario Limited 2076031 Ontario Limited |
C. Lantz |
| City of Toronto | A. Hill D. Elmadany |
| Mondelez Canada Inc. | M. Poremba |
| S.A. Armstrong Ltd. | M. Keating |
| Cosmetica Investment Inc. 1891 Ashtonbee Investments Inc. |
A. Jeanrie |
| Toronto District School Board | J. Lesage |
MEMORANDUM OF ORAL DECISION DELIVERED BY STEVEN COOKE ON MAY 28, 2021 AND ORDER OF THE TRIBUNAL
1This was Status Update on an Appeal by RioCan Holdings Inc., 2075936 Ontario Limited and 2076031 Ontario Limited (“Applicant”) of the City of Toronto’s (“City”) failure to make a decision on an application for an Official Plan Amendment for 1966-2050 Eglinton Avenue East and 50 Thermos Road (“Site”).
2The Applicant proposes a mixed-use development on the Site, which is currently occupied by the RioCan Scarborough Centre. The Site is within the area to be covered by a proposed new Golden Mile Secondary Plan.
STATUS UPDATE
3Calvin Lantz, counsel of the Applicant, informed the Tribunal that in discussions with the Parties, they have agreed to request that 15 hearing days be set aside for the hearing of this Appeal starting in mid-October 2022.
4Amanda Hill, counsel for the City, explained to the Tribunal that the Issues List provided in the draft Procedural Order required direction from City Council. The City indication that they would be able to obtain their direction by July 15, 2021.
PARTY STATUS
5Julie Lesage, counsel for the Toronto District School Board (“TDSB”), appeared to request party status to the Appeal. Ms. Lesage informed the Tribunal that while the TDSB does not oppose the application, this request for party status is being made, as it has with other applications throughout the Golden Mile Secondary Plan, in order to monitor the appeal and to preserve the ability to work with all parties towards a goal of potentially building a new TDSB elementary school in the area. The request to the TDSB was supported by the Parties.
6Regarding the Issues List, Ms. Lesage indicate that the TDSB would also be able to provide any Issues that they may have by July 15, 2021.
ORDER
7The Tribunal Orders that the Toronto District School Board be granted Party Status.
8A Hearing of the Merits will be scheduled for 14 days beginning on Tuesday, October 18, 2022 commencing at 10 a.m.
9Parties are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections:
https://global.gotomeeting.com/join/290176949
Access code: 290 176 949
10Parties 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.
11Persons 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: (Toll Free): 1 888 299 1889 or +1 (647) 497-9373. The access code is 290 176 949.
12Individuals 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 hearing by video 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 having carriage of this case.
13The Parties will submit an agreed upon draft Procedural Order for the Member to review and approve no later than Friday, July 30, 2021.
14The Member is not seized for the purpose of the Hearing.
15No further notice is required.
“Steven Cooke”
STEVEN COOKE
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.