Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 10, 2022
CASE NO(S).: OLT-22-001974
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 Ave. E.
Municipality: City of Toronto
Approval Authority File No.: 20158264 ESC 20 OZ
OLT Case No.: OLT-22-001974
Legacy Case No.: PL210254
OLT File No.: OLT-22-001974
LPAT 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 Ave. E.
Municipality: City of Toronto
Municipality File No.: 20 224755 ESC 20 OZ
OLT Case No.: OLT-22-001974
OLT File No.: OLT-22-001986
Legacy File No.: PL210255
Heard: May 24, 2022, by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Mattamy Eglinton Limited Partnership | Andrew Jeanrie |
| City of Toronto | Nathan Muscat (in absentia) Daniel Elmadany Amanda Hill (in absentia) |
| Canadian Tire Real Estate Limited | Signe Leisk (in absentia) Christie Gibson Anna Glover (student-in-law) |
| IPEX Inc. | Adrian Frank Jason Park (in absentia) |
| Metro Ontario Real Estate Ltd | Connor Harris (in absentia) Sarah Spitz |
MEMORANDUM OF ORAL DECISION DELIVERED BY BRYAN W. TUCKEY ON MAY 24, 2022 AND INTERIM ORDER OF THE TRIBUNAL
1The Tribunal convened the third Case Management Conference (“CMC”) for the above noted matter. The property is known municipally as 1891 Eglinton Avenue East (“subject lands”) in the City of Toronto (“City”). Mattamy Eglinton Limited Partnership (“Applicant”) has filed an appeal against the City’s failure to make a decision for an Official Plan Amendment pursuant to s. 22(7) and a Zoning By-law Amendment pursuant to s.34(11) of the Planning Act.
2The Applicant intends to redevelop the subject lands with a mixed-use development consisting or four mixed-use tall buildings with heights that range from 33 to 48 storeys; a 10-storey residential mid-rise building, approximately 2,823 square metres of public open space and new streets. The subject lands are located within the boundaries of the draft Golden Mile Secondary Plan.
3All five parties of record are in attendance of this CMC. Neither of the registered participants Muhammad Tabassan and Laura Higgins are in attendance.
4Mr. Jeanrie, Counsel on behalf of the Applicant, provided an update of the status of this matter for the benefit of the tribunal. He advised the Tribunal that he has reached out to Ms. Higgins with respect to her status with respect of this proceeding. It is his understanding that Ms. Higgins is content to be a participant representing herself but reserves the right to change status at a later time. The Procedural Order (“PO”) reflects her status as a participant to these proceedings.
5The main purpose of this CMC is to finalize the PO for the June 26, 2023 Hearing of the Merits. Mr. Jeanrie submitted a draft PO in February, 2022. He advised the Tribunal that there are minor administrative changes with respect to dates; additional Counsel being added for Parties and Ms. Higgins has been listed as a participant. The Issue List remains the same and the issues of all Parties have been included. Mr. Jeanrie noted that the Applicant intends to demonstrate the appropriateness of the proposal and speak to all of the party’s issues found in the final PO as required at the Hearing.
6All of the parties have reviewed the details of the PO in detail and found it to be appropriate. All parties consented to the organization and other procedural requirements as stated in the PO.
7Mr. Jeanrie noted that his client has had good discussions with the City and is committed to continue to work with the City to find areas of consensus in an effort to find a settlement or reduce the Issues on the Issues List. Revised plans have been prepared but the plans have not yet been reviewed and evaluated by City officials.
8The Tribunal inquired about the need for Tribunal-led mediation. All Parties are committed to work together to define and scope issues and to determine areas of consensus throughout the process. They are aware any party may ask for Tribunal-led mediation at their convenience.
9All Parties agreed that the fourth and final CMC that is scheduled for May 24, 2023 should remain in the calendar should a settlement be reached or there is a reduction of Issues on the Issues List that are appropriately brought to the Tribunals attention.
10The Tribunal noted that the coordinates for both the fourth CMC scheduled for Wednesday May 24, 2023 and the Hearing of the Merits scheduled June 26, 2023 are found in the decision issued February 8, 2022.
11The Tribunal directed that Mr. Jeanrie submit to the Tribunal with the consent of all parties, a final PO no later than 4:30 p.m. Friday, May 27, 2023. The final PO is Attachment 1 to this Decision.
INTERIM ORDER
12Accordingly, the Tribunal orders.
a. THAT The Procedural Order found in Attachment 1 with the attached Issues List will additionally govern the proceedings and comes into full force and effect.
13There will be no further notice.
14The Member is not seized.
15In the event of any issues arising from the CMC, the Panel Member may be spoken to.
“Bryan W. Tuckey”
BRYAN W. TUCKEY
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.