Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
June 28, 2022
CASE NO(S).:
OLT-22-003152
OLT-21-001557
(Formerly PL171216)
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant:
KS Eglinton Square Inc. and KS Engelhart GP Inc.
Subject:
Request to amend the Official Plan – Failure to adopt the requested amendment
Description:
To permit a complete mixed-use community, which includes the provision of a range of housing forms, new commercial uses as well as the retention of the existing commercial shopping centre.
Reference Number:
16 230579 ESC 35 OZ
Property Address:
Various Addresses
Municipality/UT:
Toronto/Toronto
OLT Case No:
OLT-22-003152
Legacy Case No:
PL171216
OLT Lead Case No:
OLT-22-003152
Legacy Lead Case No:
PL171216
OLT Case Name:
KS Eglinton Square Inc. v. Toronto (City.)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
To permit a residential and mixed use development consisting of 5 blocks with a variety of uses, including stacked townhouses, mid-rise and tall buildings
Reference Number:
17 242390 ESC 35 OZ
Property Address:
Various Addresses
Municipality/UT:
Toronto/Toronto
OLT Case No:
OLT-21-001557
OLT Lead Case No:
OLT-22-003152
Legacy Lead Case No:
PL171216
Heard:
June 22, 2022 by Video Hearing
APPEARANCES:
Parties
Counsel
KS Eglinton Square Inc. and KS Engelhart GP Inc.
Adam Brown
City of Toronto
Amanda Hill
Metro Ontario Real Estate Limited
Conner Harris
MEMORANDUM OF ORAL DECISION DELIVERED BY C. HARDY ON JUNE 22, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1KS Eglinton Square Inc. and KS Engelhart GP Inc. (“Appellant”) appealed the failure of the City of Toronto (“City”) to make a decision with respect to the Appellant’s application for a Zoning By-law Amendment (“ZBLA”) regarding the property located at 1 through to 70 Eglinton Square, 1431 and 1437 Victoria Park Avenue and 14, 18, 22 and 26 Engelhart Crescent, in the City of Toronto (“Subject Property”).
2The Subject Property currently contains a shopping mall with surface parking and 4 apartment buildings. The Appellant intends to redevelop the Subject Property in phases and the ZBLA is required in order to facilitate the proposed mixed-use development.
3On June 22, 2022, the Tribunal held its first Case Management Conference (“CMC”) at which it addressed procedural issues, the identification of Parties and Participants and the scheduling of a second CMC.
Procedural Matters
4The Tribunal canvassed the Parties regarding consolidating the appeals of files OLT-22-003152 and OLT-21-001557 pursuant to Rule 16 of the Tribunal’s Rules of Practice and Procedure. Both appeals relate to the Subject Property and the Tribunal notes that it will be efficient and expedient to have the matters heard together. The Parties consented and the Tribunal will accordingly make the appropriate order consolidating the 2 appeals.
5There were no issues with service of Notice for the CMC and as such, no further notice is required. The Tribunal was in receipt of the Affidavit of Service of Simona Messina dated May 25, 2022, which was marked as Exhibit 1.
Requests for Status at the CMC
6Prior to the CMC, the Tribunal received requests for Party Status from Metro Ontario Real Estate Limited (“Metro”) and IPEX Inc. (“IPEX”).
7Metro is represented by Counsel who submitted that Metro owns the land located immediately east of the Subject Property and currently operates a supermarket on the land. The supermarket is connected to the shopping mall located on the Subject Property. Metro submitted that it has a direct interest in the issues raised in the appeal and the outcome of the applications. Metro further submitted that there would be no prejudice suffered if it was granted Party Status. Metro submitted that it is a Party in the companion Official Plan Amendment appeal and that at this point, they will limit their involvement to a watching brief. None of the Parties objected to Metro having Party Status.
8IPEX is represented by Counsel who submitted that IPEX owns the property located to the south of the Subject Property and currently operates an industrial operation on the land. IPEX formally withdrew their request for Party Status and was present at the CMC as an observer.
9The Tribunal finds that the participation of Metro as a Party is necessary to enable the Tribunal to adjudicate effectively and completely. Further, Metro is a Party to the companion appeal and as such, the Tribunal granted Party Status as requested to Metro.
10The Tribunal did not receive any requests for Participant Status.
Opportunities for Settlement
11The Appellant advised the Tribunal that the Parties have been working diligently towards a settlement. The Parties agreed that there is a strong potential for settlement of this appeal.
Second CMC
12The Parties jointly requested that the Tribunal schedule a second CMC prior to August, 2022 which could be converted to a settlement hearing if ongoing settlement discussions are successful.
13The Tribunal agreed that given the circumstances, a second CMC is appropriate in this case.
ORDER
14The Tribunal orders that the appeals of files OLT-22-003152 and OLT-21-001557 are consolidated in accordance with Rule 16 of the Tribunal’s Rules of Practice and Procedure.
15The Tribunal orders that Metro Ontario Real Estate Limited is a Party in this proceeding.
16The Tribunal orders that a second Case Management Conference in this matter will be held by video hearing on July 27, 2022 commencing at 2 p.m.
17Parties 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:
GoTo Meeting: https://global.gotomeeting.com/join/979388733
Audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1(888) 299-1889
Access code: 979-388-733
18Parties 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 at: https://app.gotomeeting.com/home.html
19Persons 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 provided above.
20Individuals 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.
21The Member is not seized, however, will remain available for case management subject to the Tribunal’s calendar.
22No further notice will be given.
23This is the Order of the Tribunal
“C. Hardy”
c. hardy
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.