Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 17, 2022
CASE NO(S).: OLT-22-002289
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: RioCan Holdings et al
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a 3000 unit mixed-use community phased redevelopment
Reference Number: 21 195478 ESC 21 OZ
Property Address: 1966-1980 Eglinton Avenue East (1966-1980 Eglinton Avenue East)
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-22-002289
OLT Lead Case No: OLT-22-002289
OLT Case Name: 2075936 Ontario Limited et al v. Toronto (City)
PROCEEDING COMMENCED UNDER section 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit a 3000 unit mixed-use community phased redevelopment
Reference Number: 21 195467 ESC 21 SB
Property Address: 1966-1980 Eglinton Avenue East (1966-1980 Eglinton Avenue East)
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-22-002290
OLT Lead Case No: OLT-22-002289
Heard: June 10, 2022 by video hearing
APPEARANCES:
Parties
Counsel
RioCan Holdings Inc. 2075936 Ontario Limited 2076031 Ontario Limited
Calvin Lantz (in absentia) and Jonathan Cheng
City of Toronto
Amanda Hill and Daniel Elmadany (in absentia)
Mondelez Canada Inc.
Kim Mullin (in absentia) and Kevin Pirak
Cosmetica Investments Inc.
Andrew Jeanrie
MEMORANDUM OF ORAL DECISION DELIVERED BY T.F. Ng ON JUNE 10, 2022, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was a first Case Management Conference (the “CMC”) for these appeals under s. 34(11) and s.51(34) of the Planning Act (the “Act”) with respect to the City of Toronto’s (the “City”) failure to make a decision with respect to a Zoning By-law Amendment and Draft Plan of Subdivision. The Applications were filed by RioCan Holdings Inc.; 2075936 Ontario Limited and 2076031 Ontario Limited (collectively the “Appellant”) in relation to properties municipally known as 1966-1980 Eglinton Avenue East (the “Subject Property”).
2The Appellant seeks to subdivide the Subject Property to create two development blocks, as well as a public park block and a new network of public streets. Zoning permissions are sought to facilitate the redevelopment of the Subject Property for a mixed use development consisting of six buildings ranging in height from 12 storeys to 48 storeys with 2,434 residential units, 4,304 square metres of ground floor commercial space together with new public streets and a large public park.
3The Affidavit of Service dated May 19, 2022, for Notice of this CMC was marked as Exhibit 1.
PARTY/PARTICIPANT REQUESTS
4The Tribunal granted Party Status to Mondelez Canada Inc. (owner and operator of a manufacturing facility nearby) and to Cosmetica Investments Inc. (owner of abutting land with Subject Property) with consent of the Parties.
5The Toronto Catholic District School Board was granted Participant Status by the Tribunal without objections.
MEDIATION
6The Tribunal was informed that the City and the Appellant are in the midst of discussions for possible settlement and will not be looking to Tribunal assisted mediation.
PROCEDURAL ORDER/ISSUES LIST
7Counsel for the Parties provided their views as to the usefulness of the draft Issues List and the draft Procedural Order in view of the anticipated settlement. Counsel for the Appellant, Mr. Cheng expressed that an Issues List from the new Parties within one week, would establish the parameters of a comprehensive settlement with them as well. Counsel Mr. Jeanrie and Mr. Pirak for the respective new Parties, disputed the urgency and efficacy of spending consultants’ time and energy on an Issues List that may subsequently