CORRECTION NOTICE
OLT CASE NO(S).:
OLT-22-003917
DECISION ISSUE DATE(S):
December 09, 2022
CORRECTION NOTICE ISSUE DATE:
December 23, 2022
RE: Timbercreek Four Quadrant GP2 Inc. v. Markham (City)
Correction to: A date in paragraph 10 (page 4).
Originally:
Corrected to:
[10] Upon request of the parties, the Tribunal has set a seven (7)-day hearing commencing on Tuesday, October 10, 2023 at 10 a.m. by VH. The Tribunal notes that no hearing will take place on Monday October 16, so the hearing dates will be October 10-12 and 17-19, 2023. No further Notice is required for the hearing.
[10] Upon request of the parties, the Tribunal has set a seven (7)-day hearing commencing on Tuesday, October 10, 2023 at 10 a.m. by VH. The Tribunal notes that no hearing will take place on Monday October 16, so the hearing dates will be October 10-13 and 17-19, 2023. No further Notice is required for the hearing.
“Euken Lui”
EUKEN LUI REGISTRAR
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.
ISSUE DATE:
December 09, 2022
CASE NO(S).:
OLT-22-003917
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Timbercreek Four Quadrant GP2 Inc.
Subject:
Request to amend the Official Plan – Failure to adopt the requested amendment
Description:
To permit the redevelopment of the Subject Property with a public park and 5 mixed-use buildings
Reference Number:
PLAN 20 130784
Property Address:
288, 298 & 300 John Street
Municipality/UT:
Markham/York
OLT Case No.:
OLT-22-003917
OLT Lead Case No.:
OLT-22-003917
OLT Case Name:
Timbercreek Four Quadrant GP2 Inc. v. Markham (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant:
Timbercreek Four Quadrant GP2 Inc.
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
To permit the redevelopment of the Subject Property with a public park and 5 mixed-use buildings
Reference Number:
PLAN 20 130784
Property Address:
288, 298 & 300 John Street
Municipality/UT:
Markham/York
OLT Case No.:
OLT-22-003918
OLT Lead Case No.:
OLT-22-003917
Heard:
December 1, 2022, by video hearing (“VH”)
APPEARANCES:
Parties
Counsel/Agent*
Timbercreek Four Quadrant GP2 Inc. (“Appellant” / “Applicant”)
Talia Gordner
City of Markham (“City”)
Maggie Cheung-Madar
MEMORANDUM OF ORAL DECISION DELIVERED BY K.R. ANDREWS ON DECEMBER 1, 2022, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) respecting an appeal by the Applicant. The appeal arises following a non-decision concerning an Official Plan amendment (“OPA”) and Zoning By-law amendment (“ZBA”) applications to permit redevelopment of the site currently occupied by the Thornhill Square Shopping Centre. The proposal includes establishment of a public park and five mixed-use buildings with heights ranging from eight to 15 storeys.
SERVICE OF NOTICE OF CMC
2There was no issue with service of the Notice of this CMC, and so no further notice is required. The Tribunal was in receipt of the Affidavit of Service, which was marked as Exhibit 1.
REQUESTS FOR STATUS
3The following were granted Participant status on consent:
- Luis Olivera-Perez
- York Region Condominium Corporation #784, York Region Condominium Corporation #794 and York Region Condominium Corporation #798 (jointly)
- Lucy Pallotta
- Ward One (South) Thornhill Residents Inc.
4The Tribunal notes that all of the above noted participants respectively indicated that they are neighbours, or have members who are neighbours, of the proposed development site and, as such, have a direct interest in the matter. The Tribunal granted each of them participant status on this basis.
5The Tribunal further notes that Mr. Olivera-Perez appeared to represent the “Aileen-Willowbrook Residents Association”. However, it was determined that this group is not incorporated and, as a result of the Tribunal’s practice of not granting status to unincorporated groups, Mr. Olivera-Perez was granted participant status instead on an individual basis. He confirmed that the group would take steps to incorporate prior to the next CMC, and the Tribunal notes that it may elect to substitute Mr. Olivera-Perez with the newly incorporated group at the next CMC.
6Additionally, the Tribunal notes, the Participant statement submitted by Mr. Olivera-Perez was 28 pages long, substantially containing evidence purportedly in support of his position, plus several attachments containing more evidence. In response, the Tribunal drew the participant’s attention to s. 17 of the Ontario Land Tribunal Act, which statutorily limits non-party participation to written submissions only. The Tribunal explained to Mr. Olivera-Perez that it cannot receive evidence from a participant contrary to s. 17 of the Ontario Land Tribunal Act, and it would not be fair to the parties since they would not have an opportunity to test the evidence through cross-examinations. In light of this, the Tribunal allowed Mr. Olivera-Perez the opportunity to submit a fresh Participant Statement within two-weeks of the present hearing, limited to three pages, and confirmed that the Tribunal would disregard anything submitted as evidence.
MEDIATION AND SETTLEMENT
7The Tribunal explored the possibility of mediation and settlement with the parties. The parties confirmed that they are engaged in ongoing resolution discussions and hope to have the matter resolved in advance of a hearing. Even if they are unable to fully resolve the matter, the parties are confident that the issues will be narrowed significantly prior to a hearing. They further confirmed that they will keep the Tribunal apprised of any developments regarding their resolution efforts, which the Tribunal finds satisfactory.
PROCEDURAL ORDER AND ISSUES LIST
8Counsel for the City stated that it cannot confirm his client’s position regarding the contents of a draft Procedural Order and Issues List until instructions are provided by City Council. The Tribunal therefore finds it prudent to schedule a second CMC (as requested by the parties) to consider the contents of a draft Procedural Order and Issues List. The Tribunal made it clear to the parties that a draft Procedural Order and Issues List must be filed with the Tribunal before a second CMC.
SECOND CMC and HEARING
9Upon request of the parties, the Tribunal has set a second CMC hearing commencing on Monday, March 27, 2023 at 10 a.m. by VH. No further Notice is required.
10Upon request of the parties, the Tribunal has set a seven (7)-day hearing commencing on Tuesday, October 10, 2023 at 10 a.m. by VH. The Tribunal notes that no hearing will take place on Monday October 16, so the hearing dates will be October 10-12 and 17-19, 2023. No further Notice is required for the hearing.
11The hearings are scheduled to proceed by video as follows:
Monday, March 27, 2023 at 10 a.m.
GoTo Meeting: https://meet.goto.com/558205565 Access code: 558-205-565
Audio-only telephone line: +1 (647) 497-9373 or Toll Free 1-888-299-1889 Audio-only access code: 558-205-565
Tuesday, October 10, 2023 at 10 a.m.
GoTo Meeting: https://meet.goto.com/558205565 Access code: 558-205-565
Audio-only telephone line: +1 (647) 497-9373 or Toll Free 1-888-299-1889 Audio-only access code: 558-205-565
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.
[15] Individuals 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
16The Tribunal Orders that:
The date and particulars of the second CMC and hearing are set out above;
The following are granted Participant status:
- Luis Olivera-Perez
- York Region Condominium Corporation #784, York Region Condominium Corporation #794 and York Region Condominium Corporation #798 (jointly)
- Lucy Pallotta
- Ward One (South) Thornhill Residents Inc.
- Luis Olivera-Perez shall file and serve a fresh Participant Statement within two-weeks of the present CMC, limited to three pages and containing no evidence.
17The Member is not seized but may be spoken to through the Case Coordinator if any issues arise.
“K.R. Andrews”
K.R. ANDREWS
MEMBER
Ontario Land Tribunal
Website: www.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.