Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 27, 2022
CASE NO(S).: OLT 22-002839 (Formerly PL180323)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 632025 Ontario Limited Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit the development of a subdivision with 34 units Reference Number: Z-0217-03 Property Address: 13330 Dufferin Street Municipality/UT: King/York OLT Case No.: OLT-22-002839 Legacy Case No.: PL180323 OLT Lead Case No.: OLT-22-002839 Legacy Lead Case No.: PL180323 OLT Case Name: 632025 Ontario Limited v. King (Township)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 632025 Ontario Limited Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision Description: To permit the development of a subdivision with 34 units Reference Number: 19T-17K01 Property Address: 13330 Dufferin Street Municipality/UT: King/York OLT Case No.: OLT-22-002840 Legacy Case No.: PL180324 OLT Lead Case No.: OLT-22-002839 Legacy Lead Case No.: PL180323
Heard: July 11, 2022 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| 632025 Ontario Limited | Signe Leisk, Marisa Keating |
| Township of King | Paula Boutis for Tom Halinski |
| Regional Municipality of York | Bola Ogunmefun |
| Toronto Region Conservation Authority | Matthew Rutledge for Tim Duncan |
| King City East (North) Landowners Group | Chris Barnett |
| Kings Rock Developments | Nicholas Macos |
MEMORANDUM OF ORAL DECISION DELIVERED SHARYN VINCENT ON JULY 11, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1At this third Case Management Conference (“CMC”), the Tribunal was advised that settlement in principle has been reached between the Statutory Parties, namely 632025 Ontario Limited against the failure of the Township to make decisions with respect to applications to rezone and grant draft plan of subdivision to accommodate a now revised proposal incorporating 28 detached units organized on a common element condominium road.
2Counsel for the Appellant provided a full overview of the status of the concerns held by the four other parties, and advised that given the resolution of the other interests in principle, and further given the advanced status of the draft instruments to give effect to the settlement, that it was realistically expected that the only outstanding concerns of the abutting party, Kings Rock Developments, could be addressed in the coming weeks.
3The Tribunal, having requested and received confirmation from all other Counsel, was therefore asked to schedule a further final CMC hearing in approximately one month, which would likely be converted to a hearing of the full settlement.
4The Tribunal directed that should full settlement be achieved, the video conference would be converted to a written hearing, supported by sworn affidavit evidence and all final draft instruments.
5Accordingly, a one day CMC was scheduled for Tuesday, August 16, 2022, commencing at 10 a.m. ,should any matter requiring adjudication remain unresolved. In the event of full settlement, Counsel for 632025 shall co-ordinate with the case co-ordinator and provide the Tribunal with full settlement documents, in support of a written hearing.
ORDER
6No further notice is required, and the Member is not seized, but may be spoken to should issues arise in the execution of the direction of this order.
7A further CMC is hereby scheduled for Tuesday, August 16, 2022, unless the Parties advise the Tribunal that full settlement has been achieved, in which case, the consideration of the settlement will be converted to a written hearing.
8Parties 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
9Parties 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
10Persons 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 656-004-293.
11Individuals 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.
“Sharyn Vincent”
SHARYN VINCENT
VICE-CHAIR
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.