Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 17, 2021
CASE NO(S).: PL190596
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: 2130254 Ontario Inc.
Appellant: Amexon Realty Inc.
Appellant: Cadillac Fairview Corporation Limited
Appellant: Fima Development (Queensway and North Queen Street); and others
Subject: Proposed Official Plan Amendment No. OPA 469
Municipality: City of Toronto
OLT Case No.: PL190596
OLT File No.: PL190596
OLT Case Name: Amexon Realty Inc. v. Toronto (City)
Heard: August 13, 2021 by video hearing
APPEARANCES:
Parties
Counsel
Amexon Realty Inc.
Mary Flynn-Guglietti
Calloway REIT (Etobicoke) Inc. Calloway REIT (Etobicoke-Index) Inc.
David Bronskill
Toys “R” Us Canada Inc.
Roslyn Houser
The Cadillac Fairview Corporation Limited
John Dawson Cynthia MacDougall (not present) Brendan Smith (not present)
FIMA Development
Barry Horosko
Home Depot of Canada Inc.
David Tang
Queens Walk Inc.
Aaron Platt
2130254 Ontario Inc.
Mark Flowers
City of Toronto
Daniel Elmadany
MEMORANDUM OF ORAL DECISION DELIVERED BY T.F. NG ON AUGUST 13, 2021 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) for these appeals held as a video hearing.
2On October 30, 2019 the City of Toronto (“City”) adopted Official Plan Amendment 469 (“OPA 469”), the Sherway Area Secondary Plan by By-law No. 1535-2019 with respect to lands bounded by Highway 427, the Queen Elizabeth Way, the Canadian Pacific Rail line and the Etobicoke Creek ravine for the purpose of bringing forward the Sherway Area Secondary Plan which contains a series of policies that reflect the outcomes of a comprehensive planning study for the lands in the Sherway Area of Etobicoke. Four existing Site Area Specific Policies applicable to the area are proposed to be deleted under the plan. The appeals are by entities and property owners that are affected by the plan.
3The Appellants are: Amexon Realty Inc.; Calloway REIT (Etobicoke) Inc.; Calloway REIT (Etobicoke-Index) Inc.; Toys “R” Us Canada Inc.; The Cadillac Fairview Corporation Limited; FIMA Development; Home Depot of Canada Inc.; Queens Walk Inc. and 2130254 Ontario Inc. Nine (9) appeals were filed pursuant to section 17(24) of the Planning Act against the City of Toronto’s adoption of OPA 469 through By-law No. 1535-2019.
4The Affidavit of Service of Notice of CMC is on the Tribunal’s file and now marked as Exhibit 1.
PARTY/PARTICIPANT STATUS REQUESTS
5There were no requests received for participant or party status.
OVERVIEW OF OPA 469
6Mr. Elmadany, counsel for the City, provided a brief summary of the genesis and import of OPA 469. The Sherway Area Secondary Plan was the result of a study that involved four phases. The plan is comprehensive and affected the area bounded by Highway 427, the Queen Elizabeth Way, the Canadian Pacific Rail Line and the Etobicoke Creek ravine which total area is some 136 hectares in size.
7He provided an agenda, an appellant index and a map of the respective Appellants’ properties locations. After briefing the Tribunal on the status of some of the appeals, he requested directions for the Appellants to provide high level issues to the City on a without prejudice basis. Mr. Elmadany also requested a second CMC to enable the parties to pursue potential mediation and resolution.
MEDIATION
8The parties’ counsels concur on the prospect of a resolution of some of the appeals and the potential of reducing the issues should the matters proceed to a hearing. The parties indicated that they would diligently assess the option of mediation and if appropriate may request a mediation assessment.
DRAFT ISSUES LIST AND DRAFT PROCEDURAL ORDER
9Counsel for the City stated that should a second CMC date be fixed, he requests a direction that 45 days before the second CMC date, the Appellants are to provide the City with draft Issues Lists to be incorporated in the Procedural Order.
10The parties further suggested that a second CMC would be welcomed as they will be better placed to report on the settlement efforts and the status of respective appeals.
11The Tribunal finds the request reasonable and as such, directs that a second CMC be fixed on January 25, 2022; the Appellants to provide the City with draft Issues Lists by December 10, 2021 and the draft Procedural Order and draft list of issues be furnished to the Case Coordinator by January 5, 2020. The Parties are to be ready at the second CMC to finalize the procedural order and all related matters thereto as well as update the Tribunal on the outcome of settlement efforts and the status of the respective appeals.
HEARING TECHNICAL DETAILS
12This matter will be fixed for a one-day CMC on Tuesday, January 25, 2022 at 10 a.m. by video hearing.
13Parties 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/791880173
Access code: 791 880 173
14Parties 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.
15Persons 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 791 880 173.
16Individuals 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
17The Tribunal orders as follows:
a. The CMC is scheduled to proceed by video on Tuesday, January 25, 2022 at 10 a.m.
b. The Appellants shall provide the City with draft Issues Lists to be incorporated into the Procedural Order on or before Friday, December 10, 2021.
c. The draft Issues List and the draft Procedural Order shall be delivered to the Tribunal’s Case Coordinator on or before Wednesday, January 5, 2022.
d. The Procedural Order with the attached Issues List will be considered for approval and finalization at the next CMC.
18There will be no further notice.
19The Member is not seized.
“T.F. Ng”
T.F. NG
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 (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.