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Ontario Land Tribunal
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## Tribunal ontarien de l’aménagement du territoire
**ISSUE DATE:** February 04, 2022
**CASE NO(S).:** PL210231
**PROCEEDING COMMENCED UNDER** subsection 34(19) of the [Planning Act](https://www.canlii.org/en/on/laws/stat/rso-1990-c-p13/latest/rso-1990-c-p13.html), R.S.O. 1990, c. P.13, as amended
**Appellant:** King David Inc.
**Subject:** By-law No. 2021-15
**Municipality:** City of Markham
**OLT Case No.:** PL210231
**OLT File No.:** PL210231
**OLT Case Name:** King David Inc. v. Markham (City)
**Heard:** December 7, 2021 by video hearing
### APPEARANCES:
**Parties** | **Counsel**
--- | ---
King David Inc. | M. McDermid
City of Markham | C. Storto
Flato Developments Inc. | K. Sliwa
Leporis Construction Inc. | K. Sliwa
## DECISION DELIVERED BY HUGH S. WILKINS AND ORDER OF THE TRIBUNAL
[1] This Decision arises from a Case Management Conference (“CMC”) regarding the appeal brought by King David Inc. (“Appellant”) of the passage of a zoning by-law amendment by the City of Markham (“City”) to facilitate a development on the lands located at 2695 Elgin Mills Road East (“subject property”).
[2] At the CMC, the Tribunal addressed requests for Party status, the identification of issues to be addressed at the hearing, the preparation of a draft Procedural Order and Issues List, the identification of opportunities for settlement discussions, and the setting of hearing dates.
### Requests for Party Status
[3] Flato Developments Inc. (“Applicant”) is the applicant for the proposed zoning by-law amendment. It owns the subject property. Leporis Construction Inc. (“Leporis”) owns lands adjacent to the subject property and is the proponent of a separate proposed development, which is the subject of the appeal in Tribunal Case No. OLT-21-001033. The Applicant and Leporis each requested Party status in the present proceeding. Neither the City nor the Appellant opposed their requests for status. The Tribunal found that the Applicant and Leporis each has a genuine and direct interest in the proceeding, will be impacted by the Tribunal’s decision, and will assist the Tribunal in making its decision. The Tribunal found that there are reasonable grounds to add the Applicant and Leporis as Parties and granted them each Party status, as requested.
### Identification of Issues and draft Procedural Order
[4] The Parties stated that they had discussed the identification of issues and the preparation of a draft Procedural Order and Issues List and would promptly file them with the Tribunal. However, on January 31, 2022, the Parties informed the Tribunal that they had failed to come to agreement regarding the finalization of those documents.
[5] The Tribunal directs that a further CMC is required at which finalization of the draft Procedural Order and Issues List will be addressed.
### Identification of Opportunities for Settlement Discussions
[6] The Parties stated that they have an interest in pursuing settlement discussions, which the Tribunal encouraged. The Tribunal encourages the Parties to pursue settlement discussions and to request Tribunal-assisted mediation, if needed.
### Scheduling of Hearing Dates
[7] The Parties identified the number and types of witnesses to be called at the hearing. They requested a five-day hearing. The finalization of hearing dates will be addressed at the next CMC.
## ORDER
[8] The Tribunal orders that Flato Developments Inc. and Leporis Construction Inc. are Parties in this proceeding.
[9] The Tribunal orders that a further CMC will be held by video hearing on February 14, 2022 commencing at 10 a.m.
[10] Parties 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://meet.goto.com/793087989](https://meet.goto.com/793087989)
Access Code: 793-087-989
[11] Parties are asked to set up the video hearing application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at [GoToMeeting](https://global.gotomeeting.com/install) or a web application is available: [https://app.gotomeeting.com/home.html](https://app.gotomeeting.com/home.html).
[12] Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling: [+1 (647) 497-9391](tel:+16474979391,,793087989) or (Toll Free) [+1 (888) 455 1389](tel:+18884551389,,793087989). The access code is 793-087-989.
[13] Individuals 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.
[14] There will be no further notice.
[15] This Member is not seized.
“Hugh S. Wilkins”
HUGH S. WILKINS
MEMBER
Ontario Land Tribunal
Website: [olt.gov.on.ca](http://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.
minicounsel