Management Systems Resources Inc. v. Toronto (City), 2022 CanLII 69417

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: July 28, 2022

CASE NO(S).: OLT-22-003639 (Formerly PL160041)

PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: 1380200 Ontario Limited Appellant: Alfred Hille Appellant: Management Systems Resources Inc. Appellant: Tippett Yorkdale Inc. & Wilson Yorkdale Inc. Subject: Proposed Official Plan Amendment No. 309 Municipality: City of Toronto OLT Case No.: OLT-22-003639 Legacy Case No.: PL160041 OLT Lead Case No.: OLT-22-003639 Legacy Lead Case No.: PL160041 OLT Case Name: Management Systems Resources Inc. v. Toronto (City)

Heard: June 28, 2022 by Video Hearing

APPEARANCES:

Parties Counsel

City of Toronto Mark Crawford

1380200 Ontario Limited (“Appellant”) Not Represented

Champlain Torah Education Centre (“Torah”) Joel Farber

MEMORANDUM OF ORAL DECISION DELIVERED BY BRYAN W. TUCKEY ON JUNE 28, 2022 AND INTERIM ORDER OF THE TRIBUNAL

1This is the third Case Management Conference (“CMC”) convened by the Tribunal with respect of the appeals to the adoption of Official Plan Amendment No. 309 (“OPA 309”) by the Council of the City of Toronto (“City”). The purpose of this CMC hearing is to determine the status of this matter.

2The purpose and effect of OPA 309 is to redesignate all land within the Tippett Road Area Regeneration Study that front onto the north side of Wilson Avenue and all the lands to the south of Wilson Avenue, which front on Tippett Road to Mixed Use Areas. All remaining lands are proposed to be designated Neighbourhoods and Parks and Open Space areas.

3A Procedural Order (“PO”) was issued by the Tribunal on April 22, 2022, that is in full force and effect. A ten-day hearing of the merits had previously been scheduled to commence on September 8, 2020. The hearing was adjourned and there is no request to reschedule.

4Both Joel Farber and Mark Crawford provided an update with respect to this matter. There are changes with respect to the property ownership of the Appellant (located at 20 Champlain Boulevard) that may impact the appeal status of Torah (located at 18 Champlain Boulevard). Both properties are located in the Neighbourhoods “A” designation, in the proposed OPA 309.

5The changes as described to the Tribunal are as follows:

1. since lodging the appeal, the Appellant has sold the property at 20 Champlain Boulevard. Mr. Farber does not know who the new owners are and has no direction from them to continue with the appeal to OPA 309;
2. Torah is a Non-Appellant party that was recognized under Rule 8.3 of the Ontario Land Tribunal’s Rules of Practice and Procedure (“Rules”) and ‘sheltered’ under the appeal of the Appellant; and,
3. Mr. Farber has requested that the City assign the appeal rights from the Appellant to Torah. Mr. Crawford stated that the City has not yet consented to this assignment of rights and asserts that Torah has no independent appeal rights in this matter. Mr. Crawford is of the view that the Rules are clear with respect to the limitations to such an assignment.

6With this background being brought to the Tribunal’s attention, it is noted that the Appellant is not represented while both the City and Torah are represented at this proceeding. Ed Foster is the only participant to the matter and is not in attendance.

7Both Messrs. Crawford and Farber consented to the following go forward strategy to deal with appeals against OPA 309:

1. there is a request for the scheduling of a further CMC or Motion hearing date;
2. should the City consent to the assignment of appeal rights to Torah, the CMC would establish a merits hearing date and review a revised PO to manage the hearing; or,
3. should the City not consent to the assignment of appeal rights to Torah, Mr. Farber would, as the moving party, initiate a Motion in keeping with Rule 10 of the Rules and the CMC date would be used to hear the said Motion.

8The Tribunal agrees this is an appropriate way to deal with the procedural issues that have arose in this matter and is prepared to schedule a CMC/Motion hearing date.

9The Tribunal asked if Tribunal-led mediation would be of assistance. Both Parties agreed that mediation may be helpful but are not interested in exploring it at this time. When the status of Torah has been established, both would consider Tribunal-led mediation as an option. The Tribunal expects Messrs. Crawford and Farber will receive direction from their client with respect to mediation prior to the next CMC/Motion hearing.

TRIBUNAL DISPOSITION

10The Tribunal is prepared to schedule a one-day CMC/Motion hearing commencing on Friday, September 30, 2022, at 10 a.m.

11The Tribunal directs that should discussions with the City result in need for a Notice of Motion with respect to the assignment of appeal rights to Torah, Mr. Farber as the Counsel for the moving party, will bring forward such a motion keeping with Rule 10 of the Rules. Mr. Farber will notify the Tribunal’s Case Coordinator and all Parties that his client has directed he bring forward a Notice of Motion.

CMC/MOTION HEARING TECHNICAL DETAILS

12A one-day CMC/Motion hearing will convene on Friday, September 30, 2022, by video hearing at 10 a.m.

13Parties 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/656004293

Access Code: 656-004-293

14Parties 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.

15Persons 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: (Toll Free): 1(888) 299-1889 or +1 (647) 497-9373. The access code is 656-004-293

16Individuals 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.

INTERIM ORDER

17Accordingly, the Tribunal Orders:

1. A one-day Case Management Conference/Motion Hearing is to convene on Friday, September 30, 2022 at 10 a.m.

18The Tribunal Member is not seized.

“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.