Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 05, 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 Address/Description: 66-74 Jutland Road
Municipality: City of Toronto
OLT Case No.: OLT-21-001618
OLT Lead Case No.: OLT-21-001618
OLT Case Name: 12411460 Ontario Inc. v. Toronto (City)
Heard: April 1, 2022 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| 12411460 Ontario Inc. | Luke Johnston and Michael Nemanic |
| City of Toronto | Michael Mahoney |
DECISION DELIVERED BY S. Braun AND ORDER OF THE TRIBUNAL
1This was a Case Management Conference (“CMC”) with respect to an appeal under s. 42(10) of the Planning Act 1 (“Act”) brought by 12411460 Ontario Inc. (“Appellant”) against the failure of the City of Toronto (“City”) 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 (“subject property”).
2Counsel for the Appellant explained that the appeal before the Tribunal currently involves one unit at the subject property, but he anticipates similar appeals on behalf of other unit owners will be forthcoming. The parties also advised that there are related and overlapping issues with respect to Development Charges (“DC”) and they are in the early stages of working toward settling some, or ideally all, issues with respect to the parkland levies and DCs.
3Brief discussion ensued with respect to the foregoing circumstances, and it was agreed that it would be premature to proceed with setting hearing dates at this time. Instead, the Parties suggested the scheduling of a subsequent CMC, allowing sufficient time for settlement discussions and, if necessary, to allow further appeals with respect to other affected units to crystallize, so as to ensure that the matters can be dealt with as efficiently as possible going forward.
4With respect to efforts to resolve the appeal, Parties are directed to advise the Tribunal as soon as possible should they be successful. They are also reminded that, should they wish to avail themselves of a Tribunal-led mediation, they may reach out to the Case Coordinator for further information and assistance.
5Should settlement discussions be unsuccessful, the Tribunal stressed the importance of ensuring that a further CMC be productive. To that end, the Parties agreed that they would come prepared to provide the Tribunal with an update on the status of further related appeals, as well as submissions on the appropriateness of consolidating same or other suggestions on how to proceed fairly and efficiently. The Parties further agreed to come prepared to discuss the finalization of a Draft Procedural Order and Issues List.
6The Tribunal scheduled a further CMC to be held by video hearing on Thursday, July 21, 2022 at 10 a.m. Parties 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://meet.goto.com/979388733
Access Code: 979-388-733
7Parties 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.
8Persons 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 as indicated above.
9Individuals 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 video hearing 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.
10The Tribunal inquired as to whether there were any other matters to be addressed which might assist in the fair, just and expeditious resolution of this matter. The Parties indicated there were none.
11There will be no further notice and this Member is not seized, but may be available for case management should scheduling permit.
12It is so ordered.
“S. Braun”
s. braun
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.
Footnotes
- R.S.O. 1990, c. P. 13, as amended.