Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 16, 2022
CASE NO(S).: OLT-22-003592 (Formerly MM150017)
PROCEEDING COMMENCED UNDER subsection 42(10) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant: Y.H. Properties II Ltd.
Subject: Determination of the value of land
Property Address/Description: 2 Atlantic Avenue
Municipality: City of Toronto
OLT Case No.: OLT-22-003592
Legacy Case No.: MM150017
OLT Lead Case No.: OLT-22-003592
Legacy Lead Case No.: MM150017
OLT Case Name: Y.H. Properties II Ltd. v. Toronto (City)
Heard: June 10, 2022 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Y.H. Properties II Ltd. ("Appellant") | D. Bronskill |
| City of Toronto ("City") | A. Abimbola/M. Mahoney |
MEMORANDUM OF ORAL DECISION DELIVERED BLAIR S. TAYLOR ON JUNE 10, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is a legacy file from an appeal filed April 7, 2015, that has been idle for over 7 years with no action taken by the parties.
2The Tribunal set down this Case Management Conference ("CMC") following its January 19, 2022, notice that the appeal may be dismissed for lack of action.
3The parties requested an adjournment of the CMC on the basis that the parties were having off-line discussions.
4The Tribunal denied the adjournment request, held the CMC, and heard a status update from the parties.
5The Tribunal for the reasons set out below, seized itself of this matter, and on a peremptory basis set down a further CMC for Thursday, July 14, 2022, commencing at 10 a.m. by VH.
DECISION
6The Tribunal was advised that this appeal, among others arose out of a difference of interpretation concerning the definition of "development".
7The City had sought a cash-in-lieu payment of $58,552.07, which the Appellant paid in full under protest and appealed to the Tribunal seeking a finding of no land or payment can be required, or in the alternative that the value of any such payment be zero.
8That appeal was filed on April 7, 2015.
9Since that time the file has languished.
10The Tribunal requested a status update in 2020, to which counsel for the Appellant requested deferral for 90 days.
11On January 19, 2022, the Tribunal, not having had a substantive response, issued its notice that the appeal may be dismissed, and directed a response by February 18, 2022.
12Counsel for the Appellant responded on January 29, 2022, and requested a further three months to provide an update.
13The Tribunal set this CMC date, for which the parties requested an adjournment which was denied by the Tribunal in light of the 7 year hiatus.
14At the CMC, the Tribunal was advised that: there were a number of these appeals at the City; they were all factually driven; and had all been handled by counsel at the City, who has since left the City.
15For the case at hand, this matter is now with new counsel, and the parties met on June 2, 2022.
16Arising from that discussion was a request by the City for the building permit plans. (Both parties have a copy of the actual building permit but as of yet not the building permit plans for which the permit was issued).
17While one would have thought that the City would readily have the building permit plans for the building permit that it issued, apparently those plans have not yet been found but appear to be integral to the appeal. Counsel for the City undertook to again request the building permit plans from the Building Department, while counsel for the Appellant and his client are in contact with the lessee and its contractor to hopefully obtain those plans.
18Both parties believe that the availability of those plans may lead to the resolution of the matter.
19However, it appears to the Tribunal that such activity should have been occurring more than 6 years ago.
20Both parties requested 60 – 90 days time to try and find the building permit plans and were agreeable to having the Tribunal set a deadline for that to happen.
21Inasmuch as there has been a change of counsel at the City, and the parties have met and are actively searching for the building permit plans which may resolve the matter, the Tribunal will reluctantly allow an extension of time for that search, but not the 60 - 90 days that have been requested.
22The Tribunal will on a peremptory basis set a further CMC for Thursday, July 14, 2022, commencing at 10 a.m. by VH.
23Parties 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:
https://global.gotomeeting.com/join/979388733
Access code: 979-388-733
24Parties 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
25Persons 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: +1 (647) 497-9373 or Toll Free 1-888-299-1889. The access code is 979-388-733.
26Individuals 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.
27At that CMC the Tribunal will hear a status update and if there is a settlement, the CMC may be converted to a settlement hearing, failing which (if the matter is not withdrawn), a one day hearing may be set.
28There will be no further notice.
29I am seized of this matter.
30This is the Order of the Tribunal.
"Blair S. Taylor"
BLAIR S. TAYLOR
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.