Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 4, 2022
CASE NO(S).: OLT-21-001618
PROCEEDING COMMENCED UNDER subsection 42(10) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant: 12411460 Ontario Inc.
Subject: Determination of the value of land
Property Location/ Description: 66-74 Jutland Road
Municipality: City of Toronto
OLT Lead Case No.: OLT-21-001618
OLT Case No.: OLT-21-001618
OLT Case Name: 12411460 Ontario Inc. v. Toronto (City)
Heard: October 12, 2022 by video hearing
APPEARANCES:
Parties
Counsel
12411460 Ontario Inc.
Michael Nemanic
City of Toronto
Michael Mahoney
MEMORANDUM OF ORAL DECISION DELIVERED BY T. PREVEDEL ON OCTOBER 12, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The matter before the Tribunal is a third Case Management Conference (“CMC”) with respect to an appeal by 12411460 Ontario Inc. pursuant to subsection 42(10) of the Planning Act against the failure of the City of Toronto to require the payment of cash-in-lieu of parkland before the issuance of a building permit in relation to the property located at 66-74 Jutland Road.
2At the two previous CMCs, Parties had indicated that settlement discussions were underway.
Status Update
3A draft Procedural Order was submitted to the Tribunal in advance of this CMC.
4The Parties indicated that discussions are ongoing and there was a strong prospect of settlement of this matter.
5In an abundance of caution, the Parties requested a two-day Hearing be scheduled in the New Year, which could possibly be converted to a one-day settlement Hearing.
Scheduling of Merit Hearing
6A two-day Hearing has been scheduled for Monday, March 6, 2023, at 10 a.m. by video hearing.
7Parties 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:
GoTo Meeting: https://global.gotomeeting.com/join/687587165
Access code: 687-587-165
8Parties are asked to access and set up the application well in advance of the events to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html.
9Persons 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 687-587-165.
10Individuals 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
11A two-day Hearing has been scheduled for Monday, March 6, 2023, at 10 a.m. by video hearing.
12The Procedural Order and Issues List is attached as Schedule 1 to this Decision, and as such it is in full force and effect.
13The Parties are directed to advise the Case Co-Ordinator should a settlement be reached.
14This Member is not seized.
15No further Notice will be given.
“T. Prevedel”*
T. PREVEDEL
MEMBER
- TRIBUNAL ANNOTATION - This Case Management Conference Memorandum of Oral Decision and Order and appended Procedural Order, were submitted by the late Member in complete and final form for processing and issuance on October 12 and 13, 2022, without any material amendment, and upon direction of the Chair, is now issued posthumously by the Tribunal.
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.
SCHEDULE 1