Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
June 09, 2021
CASE NO(S).:
PL180017
The Ontario Municipal Board (the “OMB”) and the Local Planning Appeal Tribunal (the “LPAT”) is continued under the name Ontario Land Tribunal (the “Tribunal”), and any reference to the Ontario Municipal Board or Board or Local Planning Appeal Tribunal in any publication of the Tribunal is deemed to be a reference to the Tribunal.
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
OMB Case No.:
PL180017
OMB File No.:
PL180017
OMB 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
OMB Case No.:
PL180017
OMB File No.:
PL180018
Heard:
June 7, 2021 by video hearing
APPEARANCES:
Parties
Counsel
Medallion Developments (Castlefields) Limited
Aaron Platt
Town of Ajax Regional Municipality of Durham
Bruce Engell Robert Woon
MEMORANDUM OF ORAL DECISION DELIVERED BY K.R. ANDREWS ON June 7, 2021 AND ORDER OF THE TRIBUNAL
introduction
1This is the first Case Management Conference (“CMC”) for Case No. PL180017, concerning an appeal by Medallion Developments (Castlefields) Limited (“Medallion”).
2Medallion applied to the Town of Ajax (the “Town") for a zoning by-law amendment and official plan amendment to permit the development of a 14-storey apartment building, five 8-storey apartment buildings, 64 townhouses and a one storey commercial building.
3This appeal arises after the governing authority failed to make a decision within the statutory timelines.
4There appears to be strong community opposition to the proposal.
Service of Notice of CMC
5There was no issue with service of the Notice of this CMC, and so no further notice is required. The Tribunal is in receipt of the Affidavit of Service, which was marked as Exhibit 1.
Requests for Status
6The Tribunal received a written request for Party status from a group calling themselves the “Residents of Castlefields Homes Community”. At the CMC, Mr. Vijay Shah, counsel for the group, identified himself as their representative.
7Mr. Shah explained that he has been retained by the group; however, the group has not yet been formally incorporated. Mr. Shah provided his undertaking that this would be done no later than the end of July. Nevertheless, because the group is not yet formally organized as an identifiable entity, the Tribunal found that it cannot grant party status.
8Mr. Shah was advised that he could raise his request again at a subsequent CMC. 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 (“PO”), Issues List and Hearing Plan, despite not having party status for his client. Counsel for the existing parties agreed to work with Mr. Shah in this regard, to hopefully save time at the next CMC, in the event that the community group is eventually granted party status and to avoid delays related to the group’s potential contributions and revisions to the draft documents.
9Mr. Shah was cautioned that, if his client is not organized in a timely fashion, and/or does not work with the other parties in a timely and prudent fashion, and any of this stands to potentially delay the proceedings in order to accommodate the community group’s involvement in the proceedings as a party, then it might negatively impact the Tribunal’s discretionary decision to grant them party status in the future. Mr. Shah confirmed that he understood and would communicate this to his clients.
10No other persons or entities were present at the CMC requesting either party or participant status.
MEDIATION AND SETTLEMENT
11The Tribunal explored the possibility of mediation and settlement with the Parties. All of the parties indicated that they are open to such discussions, but none have happened yet and there are no impending plans for the same presently. Further resolution efforts may arise as the Parties identify and discuss the Issues List.
PROCEDURAL ORDER AND ISSUES LIST
11Due to the circumstances of the case, including the impending Town committee and counsel meetings to deal with Medallion’s development proposal scheduled for this September, and the community group’s efforts to organize as a formal entity to oppose the proposed development, the parties did not have a draft PO, Issues List or Hearing Plan to provide the Tribunal. However, the parties confirmed that they will have these documents prepared in time for a second CMC to be held mid-October.
12Counsel for Medallion indicated that he would work with the other parties, as well as Mr. Shah (despite not being a party), in order to have a draft PO filed with the Tribunal no later than a week prior to the next CMC, and have a draft Issues List filed no later than two days prior to the CMC. All of the parties agreed to cooperate in order to meet this timetable, and they all also agreed to be ready to discuss a detailed hearing plan at the next CMC. Despite not being given any assurance that his client would eventually be granted party status, Mr. Shah agreed to participate in this process in order to avoid any delays if his client is eventually granted party status. Mr. Shah agreed to provide the existing parties with a summary of his clients’ position and issues no later than Monday, September 27, 2021.
SECOND CMC DATE
13The parties were advised that they should be prepared to firm up a draft PO, Issues List, and Hearing Plan at the next CMC, and otherwise be ready to schedule and proceed with a hearing on the merits of this matter.
14The Tribunal set a second CMC for Friday, October 15, 2021 commencing at 10 a.m. by video hearing.
15Parties and participants 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/802888453
Access code: 802 888 453
16Parties 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.
17Persons 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 802 888 453.
18Individuals 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.
ORDER
19The date and particulars of a second CMC are set out above.
20Mr. Vijay Shah shall receive notice and correspondence (if any), and otherwise be treated as if he is counsel of a party of this matter by the Tribunal and existing parties of this matter, at least until the next CMC date.
21Counsel for Medallion shall be tasked with the co-ordination and preparation of the draft PO, to be filed with the Tribunal on consent of the parties no later than one week prior to the next CMC, and the same regarding the Issues List no later than two days prior to the next CMC.
22The Member is not seized but may be spoken to through the Case Coordinator if any issues arise.
“K.R. Andrews”
K.R. andrews
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.