Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 27, 2022
CASE NO(S).: OLT-22-004083, OLT-22-002748
PROCEEDING COMMENCED UNDER section 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: G Group Major Mackenzie Inc. Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To permit the development of five residential and mixed-use buildings, ranging in height from 4 to 36-storeys Reference Number: OP.21.019 Property Address: 3812 Major Mackenzie Drive W Municipality/UT: Vaughan/York OLT Case No: OLT-22-004083 OLT Lead Case No: OLT-22-004083 OLT Case Name: G Group Major Mackenzie Inc. v. Vaughan (City)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: G Group Major Mackenzie Inc. Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit the development of five residential and mixed-use buildings, ranging in height from 4 to 36-storeys Reference Number: Z.21.040 Property Address: 3812 Major Mackenzie Drive W Municipality/UT: Vaughan/York OLT Case No: OLT-22-004084 OLT Lead Case No: OLT-22-004083
Heard: October 14, 2022 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| G Group Major Mackenzie Inc. | J. Pepino, M. Helfand, A. Skinner |
| City of Vaughan | C. Tashos |
| Prima Vista Estates | G. Borean |
MEMORANDUM OF ORAL DECISION DELIVERED BY G. BURTON ON OCTOBER 14, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference (“CMC”) in a site-specific Appeal by G Group Major Mackenzie Inc. (“G Group”), owner of 3812 Major Mackenzie Drive West in the City of Vaughan. The site is at the northwest corner of Major Mackenzie Drive West and Weston Road, within the Vellore Centre. The owner had made applications for amendments to the Official Plan and the Zoning By-law to permit five residential and mixed-use buildings, privately owned publicly accessible open spaces or Privately Owned Publicly-Accessible Spaces, an internal driveway network, private amenity spaces, part of a proposed local road along the western property line, and a high-quality public realm along Major Mackenzie Drive and Weston Road.
2G Group then appealed to the Tribunal the failure of the City to make a decision on the applications, as permitted by s. 22(7) and 34(11) of the Planning Act. It had also appealed the City’s Comprehensive By-law (“CBL”) along with many others (OLT-22-002104).
Request for Party and Participant Status
3The Tribunal noted the requests of three persons, Greg Cirillo, Michele Williamson and Ron Basso, to become Participants in the Appeal. The first two were granted, but Mr. Basso’s request was refused as he failed to participate in the CMC as instructed in the Notice of Hearing.
4Mr. Borean appeared for Prima Vista Estates, but withdrew from the CMC as this Appeal had been consolidated with the Appeals to the CBL.
5The Millwood-Woodend Ratepayers Association Ltd. (“the Association”), represented by Tim Sorochinsky, were refused the status of a Party, at least at this CMC, following objections by Ms. Pepino. She argued that the request was submitted only two days in advance of the CMC, and that this is insufficient notice. There is an expectation that a Party will appreciate the Tribunal rules and follow them in a timely fashion. The notice of this CMC hearing was mailed on September 12, 2022, so that there was more than 30 days in which to file a party status request. Mr. Sorochinsky’s explanation of absence at a conference is not sufficient to excuse such a late filing.
6Ms. Pepino pointed out that Rule 8 of the Tribunal’s Rules of Practice and Procedure sets out the rights and responsibilities of a Party. While Rule 8.1 indicates that a Party “may” participate fully in the proceeding, this is in effect mandatory. A Party must pay attention to the filing requirements, as well as present evidence and test other evidence by cross-examination. Here, there appears to have been no representative nor experts hired. She stressed that in its request, the Association had submitted grounds identical to those of the three persons requesting Participant status. In her opinion the Association’s concerns can be addressed via meetings with the owners and the City. The essential test for Party status is whether a person could assist in resolving the issues identified. Ms. Pepino sees no disadvantage to the Association to have Participant status instead.
7Mr. Sorochinsky replied that the Association is aware of its responsibilities and had had two meetings concerning this Appeal, but required a resolution at an Annual General Meeting before formalizing its request.
8Ms. Tashos for the City had no objection to the request for Party status.
9There had been no request for mediation as yet, but one could be made if helpful. Ms. Pepino said that there could soon be a ‘without prejudice’ settlement offer to the City.
10The next CMC will be held on Friday, January 13, 2023. Hearing dates will be March 20 to April 6, 2023, excluding statutory holidays.
11The hearings are scheduled to proceed by video as follows:
Friday, January 13, 2023 at 10 a.m. GoTo Meeting: https://global.gotomeeting.com/join/692665589
Access code: 692-665-589 Audio-only telephone line: +1 (647) 497-9373 or Toll Free 1-888-299-1889 Audio-only access code: 692-665-589
Monday, March 20, 2023 to Thursday, April 6, 2023 at 10 a.m. GoTo Meeting: https://global.gotomeeting.com/join/914098901
Access code: 914-098-901 Audio-only line: +1 (647) 497-9373 or Toll Free 1-888-299-1889 Audio-only access code: 914-098-901
12Parties 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.
13Parties 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
14Persons 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.
15Individuals 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.
Decision
16The Tribunal granted provisional Party status to the Association, despite the failure to file the request in a timely fashion. It usually tries to accommodate nearby landowners to the extent possible, especially groups, but without undue hardship to the Appellant. While Ms. Pepino’s objections are valid, there will be sufficient time before the next CMC for the Association to file a proper representative and Issues List, and assist in creating a Procedural Order, to fulfil its prehearing duties as a Party. The Tribunal notes that the City will most likely address most of the Association’s concerns. Thus, there should not be undue prejudice to the Appellant in granting the Association Party status. Should it not meet the filing deadlines, it will not be granted Party status in these Appeals.
ORDER
The next CMC will be held on Friday, January 13, 2023.
The Hearing is to be held from Monday, March 20 to Thursday, April 6, 2023, excluding statutory holidays.
The Millwood-Woodend Ratepayers Association Ltd. is provisionally granted Party status. A final decision on this issue will be made at the next CMC.
“G. Burton”
G. BURTON VICE-CHAIR
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.