Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
July 06, 2021
CASE NO(S).:
MM210001
PROCEEDING COMMENCED UNDER subsection 69(3) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
2498703 Ontario Inc.
Subject:
Protest the levying of fees in relation to the applications for a Zoning By-law Amendment and Site Plan
Property Address/Description:
50-90 Eglinton Avenue West
Municipality:
City of Toronto
LPAT Case No.:
MM210001
LPAT File No.:
MM210001
LPAT Case Name:
2498703 Ontario Inc. v. Toronto (City)
Heard:
June 25, 2021 by Video Hearing
APPEARANCES:
Parties
Counsel
2498704 Ontario Inc.
David Bronskill
60 Eglinton West Limited
90 Eglinton West Limited and 2498703 Ontario Inc.
City of Toronto
Michael Mahoney
Brendan O’Callaghan (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY C. HARDY AND T. PREVEDEL ON JUNE 25, 2021 AND ORDER OF THE TRIBUNAL
12498704 Ontario Inc., 60 Eglinton West Limited, 90 Eglinton West Limited and 2498703 Ontario Inc. (together referred to as the “Appellants”) appealed the levying of fees imposed by the City of Toronto (“City”) for Rezoning and Site Plan applications regarding the properties located at 50-90 Eglinton Avenue West and 17-19 Henning Avenue (“subject properties”).
2On June 25, 2021, the Tribunal held a first Case Management Conference (“CMC”) at which it addressed opportunities for settlement discussions, the finalization of a Procedural Order, and the scheduling of hearing dates.
Opportunities for Settlement Discussion
3The Tribunal canvassed the Parties as to whether they have engaged in settlement discussions. Both Parties expressed an interest in pursuing settlement discussions prior to the hearing.
Finalization of a Procedural Order
4The Tribunal received a draft Procedural Order from the Appellants, which the Parties agreed to work together to finalize. The Appellants stated that they intend to call one witness and the City stated that they intended to call up to approximately four staff witnesses.
Hearing Scheduling
5It was agreed by both Parties that four days would be a sufficient time allotment for the hearing. The hearing is scheduled to proceed by video commencing on Monday, October 18, 2021 at 10 a.m. for four days.
6Parties 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/877360565
Access code: 877-360-565
7Parties 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.
8Persons 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 (647) 497-9373 or (Toll Free): 1 (888) 299-1889. The access code is 877-360-565.
9Individuals 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
10A Procedural Order was finalized and received by the Tribunal shortly after this CMC and is attached as Schedule 1. As such, it is in full force and effect.
11The hearing of this matter is scheduled to proceed by video hearing commencing on Monday, October 18, 2021 at 10 a.m. for four days.
12This Panel is not seized, but may assist with case management, schedules permitting.
13No further Notice will be given.
“C. Hardy”
C. Hardy
Member
“T. Prevedel”
T. prevedel
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.
Case No. MM210001
ONTARIO LAND TRIBUNAL
PROCEEDING COMMENCED UNDER subsection 69(3) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant:
2498703 Ontario Inc.
Subject:
Protest the levying of fees in relation to the applications for a Zoning By-law Amendment and Site Plan
Property Address/Description:
50-90 Eglinton Avenue West
Municipality:
City of Toronto
OLT Case No.:
MM210001
OLT File No.:
MM210001
OLT Case Name:
2498703 Ontario Inc. v. Toronto (City)
PROCEDURAL ORDER
- 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
The video hearing will begin on October 18, 2021 at 10:00 a.m.
The parties’ initial estimation for the length of the hearing is four (4) 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.
The parties and participants identified at the Case Management Conference are listed in Attachment 2 to this Order.
The order of evidence is set out in Attachment 3 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 consent, subject to the Tribunal’s approval, or by Order of the Tribunal.
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.
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 (Video Hearings - Tribunals Ontario - Environment & Land Division (gov.on.ca)).
Requirements Before the Hearing
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, curriculum vitae, and the intended order in which they will be called. This list must be delivered on or before August 13, 2021. 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 August 27, 2021.
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, the acknowledgement of expert's duty and curriculum vitae. Copies of this must be provided as in Section 12. 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 he/she intends 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 12.
Participants must provide to the Tribunal and the parties a copy of their written participant statement on or before September 17, 2021. Participants are only permitted to provide written evidence to the Tribunal, unless otherwise ordered by the Tribunal.
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 12.
On or before September 17, 2021, the parties shall provide copies of their witness statements and expert witness statements (full disclosure including reports) to the other parties and the Tribunal.
On or before October 1, 2021, the parties may provide to all other parties and the Tribunal a written response to any written evidence.
On or before October 1, 2021, 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.
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.
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.
On or before October 8, 2021, 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 will 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.
The Parties shall prepare a Joint Document Book on or before October 8, 2021, 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 19.
All filing of documents and materials shall be electronic to the Tribunal and the Parties. The Tribunal will be provided a hard copy of documents and materials in advance of the hearing event as soon as practicable but in any event at least seven days before the hearing commences. 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 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 19 applies regardless if the hearing event is in-person or electronic.
Any documents which may be used by a party in cross examination of an opposing party’s witness shall be password protected and only be accessible to the Tribunal and the other parties if it is introduced as evidence at the hearing, pursuant to the directions provided by the Tribunal.
No adjournments or delays will be granted before or during the hearing except for serious hardship or illness or as permitted by Section Error! Reference source not found.. The Tribunal’s Rule 17 applies to such requests.
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.
This Panel is not seized.
So orders the Tribunal.
ATTACHMENT 1
SUMMARY OF DATES
DATE
EVENT
August 13, 2021
Exchange of witness lists (names, CVs, disciplines and order to be called)
August 27, 2021
Last date to challenge identification of expert witnesses
September 17, 2021
Exchange of Witness Statements, summoned witness outlines, Expert Reports and Participant Statements
October 1, 2021
Exchange of Reply Witness Statements (if any)
October 1, 2021
Exchange of visual evidence (if any)
October 8, 2021
Work Plan filed with the Tribunal
October 8, 2021
Joint Document Book filed with the Tribunal
October 18, 2021
Hearing commences
Attachment 2 – List of Parties/Participants
PARTIES
2498703 Ontario Inc./2498704 Ontario Inc./90 Eglinton West Limited/60 Eglinton West Limited
David Bronskill Goodmans LLP 333 Bay Street, Suite 3400 Toronto, Ontario M5H 2S7
E-mail: dbronskill@goodmans.ca
City of Toronto
Brendan O’Callaghan/Michael Mahoney City of Toronto, Legal Services 55 John Street, 26th Floor (Metro Hall) Toronto, Ontario M5V 3C6
E-mail: brendan.ocallaghan@toronto.ca/michael.mahoney@toronto.ca
PARTICIPANTS
None
Attachment 3 – Order of Evidence
2498704 Ontario Inc. et al
City of Toronto
2498704 Ontario Inc. et al (reply, if any)
7178141