Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 27, 2021
CASE NO(S).: PL210254
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 2004085 Ontario Inc.
Subject: Request to amend the Official Plan - Failure of City of Toronto to adopt the requested amendment
Existing Designation: Employment and Mixed Use
Proposed Designated: Mixed Use with Site Specific Area Policy (SASP)
Purpose: To permit a five-building mixed use community with parkland
Property Address/Description: 1891 Eglinton Avenue East
Municipality: City of Toronto
Approval Authority File No.: 20158264 ESC 20 OZ
OLT Case No.: PL210254
OLT File No.: PL210254
OLT Case Name: 2004085 Ontario Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 2004085 Ontario Inc.
Subject: Application to amend former City of Scarborough Zoning By-law No. 24982 - Refusal or neglect of City of Toronto to make a decision
Existing Zoning: Mixed Employment
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit a five-building mixed use community with parkland
Property Address/Description: 1891 Eglinton Avenue East
Municipality: City of Toronto
Municipality File No.: 20 224755 ESC 20 OZ
OLT Case No.: PL210254
OLT File No.: PL210255
Heard: September 23, 2021 by video hearing
APPEARANCES:
Parties
Counsel
2004085 Ontario Inc.
Calvin Lantz
City of Toronto
Nathan Muscat
Daniel Elmadany
Canadian Tire Real Estate Limited
Adrianna Pilkington
Signe Leisk
IPEX Inc.
Adrian Frank
Olivia Rasekhi
Metro Ontario Real Estate Limited
Conner Harris
DECISION DELIVERED BY D. CHIPMAN AND ORDER OF THE TRIBUNAL
12004085 Ontario Inc. (“Applicant/Appellant”) intends to redevelop its property located at 1891 Eglinton Avenue East (the “subject lands”) in the City of Toronto (“City”) with mixed-use development consisting of four mixed-use tall buildings with heights that range from 33 to 48 storeys; a 10-storey residential mid-rise building and 2,823 square metres of public parkland and new streets. 1891 Eglinton Avenue East is located within the draft Golden Mile Secondary Plan.
2The City failed to make a decision on 2004085 Ontario Inc.’s applications within the time period specified in the Planning Act, R.S.O. 1990, c. P. 13, as amended, and 2004085 Ontario Inc. appealed to the Tribunal pursuant to s. 22(7) on the Official Plan Amendment and 34(11) on the Zoning By-law Amendment of that statute.
3The Tribunal held this first Case Management Conference (“CMC”) as required by s. 33.1 of the Ontario Land Tribunal Act, 2017, S.O. 2017, c. 23, Sched. 1, as amended which was in effect at time of filing. Counsel for the Applicant/Appellant provided notice of the CMC in accordance with the Tribunal’s direction, and the Tribunal marked the Affidavit of Service as Exhibit 1.
REQUESTS FOR PARTY STATUS
4The Tribunal received three requests for party status. Each counsel listed above explained their respective interests in the matter, which primarily included their proximity to the proposed development. The parties raised no concerns with the requests and as such the Tribunal granted Party Status to the following:
Canadian Tire Real Estate Limited
IPEX Inc.
Metro Ontario Real Estate Limited
5Counsel for these three parties are familiar their responsibilities in keeping with Rule 8 of the Ontario Land Tribunal’s Rules of Practice and Procedure as referred to in the Party Status Request form. As there is no hearing scheduled, nor an Issues List for them to review and make their determination under which their issues will be sheltered, the three Non-Appellant parties are directed to inform the parties and the Tribunal once they have had time to review and analyse the Issues List when prepared for a Procedural Order.
6There were two individuals who indicated they had interest in the matter. Mr. Muhammad Tabassam indicated that he was requesting Party Status as did Ms. Laura Higgins. Both confirmed that they had not written to the Tribunal requesting status. The Tribunal provided a brief outline on the responsibilities associated with both Party and Participant status. Having done so, Mr. Tabassam stated he would look to the Tribunal’s website to complete a Participant Statement for consideration at the hearing.
7Ms. Higgins advised the Tribunal she represents a group of individuals who have participated in public forums regarding the Golden Mile Secondary Plan. When questioned on the group, she informed the Tribunal that it was not an incorporated entity. If the group becomes incorporated, the Tribunal will entertain a request from Ms. Higgins for Party status to the incorporated entity.
8Counsel for the Applicant/Appellant agreed to work with Ms. Higgins, 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.
MEDIATION
9The 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
10The parties indicated that they had not prepared a draft Procedural Order (“PO”), Hearing Plan or Issues List because they were waiting to confirm any additional parties on this matter, which would affect the scope of the matter. The additional time will also give the municipality’s counsel time to seek and obtain instructions.
11Counsel for the Applicant/Appellant requested that the Tribunal schedule a second CMC hearing in January 2022.
12In preparation for the second CMC, the Tribunal directed Counsel for the Applicant/Appellant to prepare, on consent, a draft PO to be considered by the Tribunal. On or before Friday, January 7, 2022, each Party is asked to submit their Issues List to Mr. Lantz for inclusion with the draft PO.
13All of the parties agreed to cooperate in order to meet this timetable.
SECOND CMC DATE
14The parties were advised that they should be prepared to move forward with a draft PO, Issues List, and Hearing Plan for the Tribunals consideration at the next CMC, and otherwise be ready to schedule and proceed with a hearing on the merits of this matter.
15The Tribunal set a second CMC for Tuesday, February 1, 2022 commencing at 10 a.m. by video hearing.
16Parties 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/526503317
Access Code: 526 503 317
17Parties 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 at: https://app.gotomeeting.com/home.html.
18Persons 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): 1 888 455 1389 or +1 (647) 497-9391. The access code is: 526 503 317
19Individuals 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
20The date and particulars of a second CMC are set out above.
21Counsel for the Applicant/Appellant 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.
“D. Chipman”
D. CHIPMAN
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.