Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 24, 2022
CASE NO(S).: OLT-21-001033
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant: Leporis Construction Inc.
Appellant: King David Inc.
Subject: By-law 2021-28
Property Address/Description: 2705 & 2755 Elgin Mills Road East
Municipality: City of Markham
Municipality File No.: ZA 16 137567
OLT Case No.: OLT-21-001033
OLT File No.: OLT-21-001033
OLT Case Name: King David Inc. v. Markham (City)
Heard: November 30, 2021 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| King David Inc. | Meaghan McDermid Andy Margaritis |
| Leporis Construction Inc. | Kataryzna Sliwa Diana Betlej |
| City of Markham | Francesco Santaguida Victoria Chai |
| Flato Developments Inc. | Kataryzna Sliwa Diana Betlej |
MEMORANDUM OF ORAL DECISION DELIVERED BY JATINDER BHULLAR ON NOVEMBER 30, 2021 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference ("CMC"). The Appeal is by King David Inc. (the "Appellant") against approval of Zoning By-Law No. 2021-28 (the "ZBA") approved by the City of Markham (the "City"). The ZBA was sought by Leporis Construction Inc. (the "Applicant").
2The Applicant plans to develop its properties with six storey building complex at lands located and municipally known as 2705 & 2755 Elgin Mills Road East in the City. The ZBA redesignates the lands to mixed use whereas they originally are zoned employment. The Appellant states that the approved six storey development is not appropriate and that only maximum three storey as per the Cathedral Community Design Plan should be allowed.
3The Tribunal reviewed the affidavit of service and it was marked as Exhibit 1 having determined that the notice for this CMC was duly served.
PARTIES AND PARTICIPANTS
4The Applicant with direct interest in the matter was granted part status.
5Flato Developments Inc. with similar proposed developments in the vicinity of the prosed development sought party status due to common interest in issues underlying this appeal. The City and the Appellant raised no issues or concerns regarding the granting of non-Appellant party status to Flato Developments Inc.. Having considered the submissions of all parties, the Tribunal granted non-appellant party status to Flato Developments Inc.
6The Tribunal received no requests for participant status, and none were granted.
UPDATES
7The parties informed the Tribunal that they have been working on identifying and finalizing an issues list for a possible merits hearing. A draft issues list was reviewed at this CMC and aspects of issues were reviewed where differences prevailed between the parties. As a result of this dialog, the parties agreed to finalize an issues list and provide the same to the Tribunal for review as part of a draft Procedural Order. This has since been received by the Tribunal and a final version as approved by the Tribunal is attached to this decision (Attachment 1).
8Based on the issues list, the parties reviewed their plans for calling their case and potential witnesses. The parties stated that they may each call a land use planner and a possible urban planner. The parties suggested that processing of such evidence can be accomplished in a five-day hearing.
9The parties jointly requested that the Tribunal set a five-day hearing in 2022. The Tribunal having been satisfied that such a hearing is appropriate, set the hearing to commence at 10 a.m. on Monday, September 19th, 2022. The hearing will continue for five consecutive days and complete on Friday, September 23rd, 2022. The hearing will be conducted using video.
10The parties further requested that a second CMC will be appropriate to review any progress with regard to any settlement discussions or possibly reducing the number of issues to be addressed at the merits' hearing. The Tribunal accepted the request and set a second CMC for 10 a.m. on Friday, May 13th, 2022. This second CMC will be held by video.
HEARING DETAILS
11The hearing is scheduled to proceed by video on Monday, September 19, 2022 at 10 a.m. for 5 days.
12Parties 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/660145013
Access code: 660-145-013
13Parties 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: +1 (647) 497-9373. The access code is 660-145-013.
SECOND CMC DETAILS
15The second CMC hearing is scheduled to proceed by video on Friday, May 13th, 2022 at 10 a.m.
16Parties 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/914098901
Access code: 914-098-901
17Persons 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. The access code is 914-098-901.
18Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating 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.
19This member is not seized but will assist for case management purposes.
20There will be no further notice.
21The directions in this decision are so ordered.
"Jatinder Bhullar"
JATINDER BHULLAR
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.