Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 27, 2022
CASE NO(S).: OLT-21-001618
PROCEEDING COMMENCED UNDER subsection 42(10) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant: 12411460 Ontario Inc.
Subject: Determination of the value of land
Property Location/ Description: 66-74 Jutland Road
Municipality: City of Toronto
OLT Lead Case No.: OLT-21-001618
OLT Case No.: OLT-21-001618
OLT Case Name: 12411460 Ontario Inc. v. Toronto (City)
Heard: July 21, 2022 by video hearing (“VH”)
APPEARANCES:
| Parties | Counsel |
|---|---|
| 12411460 Ontario Inc. | Luke Johnston |
| City of Toronto (“City”) | Michael Mahoney |
MEMORANDUM OF ORAL DECISION DELIVERED BY WILLIAM R. MIDDLETON ON JULY 21, 2022, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This arises from the second Case Management Conference (“CMC”) held by VH on July 21, 2022 with respect to an appeal under s. 42(10) of the Planning Act, R.S.O. 1990, c. P. 13, as amended (“Act”) brought by 12411460 Ontario Inc. (“Appellant”) against the failure of the City to require the payment of cash-in-lieu of parkland before the issuance of a building permit in relation to the property located at 66-74 Jutland Road (“Subject Property”).
2The first CMC was held on April 1, 2022 before Member Braun whose Decision was issued on April 5, 2022. Member Braun’s Decision provided a factual background which is unnecessary to repeat here.
3Counsel for the Appellant and the City have once again advised the Tribunal at this VH that they are making excellent progress in resolving this particular appeal. Counsel for the Appellant however indicates that he expects that other similarly-situated unit owners will initiate additional appeals on the same issue, and that he will act for them in that case as he represents the developer of the building on the Subject Property who is assisting the unit owners with such matters.
4Counsel for the Parties agree that although it appears likely that the current appeal will be withdrawn as part of an impending resolution, it is also evident that more appeals will be filed in 2022. In that case, those new files may be consolidated with the current proceeding at the direction of the Tribunal or as may be sought on a future motion.
5The Tribunal strongly recommended that the Parties consider utilizing the mediation services of the OLT to assist them in reaching an overall resolution of both this appeal and any new appeals filed. Counsel for the Parties agree that this may be helpful for the anticipated additional appeals but feel that they will be able to settle the current appeal shortly.
6Counsel for the Parties seek a further 3rd CMC to be held no sooner than October 2022, at which time they believe there will be more certainty concerning both the settlement of the existing appeal and the filing of additional appeals by other unit holders. Counsel expressly recognize that at the next CMC, if the current appeal has not been resolved, the Tribunal will expect a draft Procedural Order (“PO”) to have been filed and for the Parties to have agreed on the number of days required for the hearing of the merits. The Tribunal will also expect the Appellant to either request the scheduling of that hearing or to explain why the Appellant is not simply withdrawing this appeal.
7A Case Management Conference will commence at 10:00 a.m. on Wednesday October 12, 2022.
8Parties 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/344779885
Audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1(888) 299-1889
Access code: 344-779-885
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 at: 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, provided above.
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.
ORDER
12The Tribunal Orders that prior to the Case Management Conference now scheduled as described above in paragraphs [7] to [11]:
(a) the Parties shall file a draft Procedural Order to govern this Appeal in agreed form or failing agreement, which delineates all areas of disagreement; and
(b) The Parties shall also advise the Tribunal of the number of days required for the hearing of this Appeal.
“William R. Middleton”
WILLIAM R. MIDDLETON
MEMBER
Ontario Land Tribunal
Website: www.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.