Oxford Properties Group v. Toronto (City), 2022 CanLII 91006

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: September 30, 2022

CASE NO(S).: OLT-22-003552 (Formerly PL160073) OLT-22-003315

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

Appellant: 3450 Dufferin Yorkdale Holdings Inc.

Appellant: Building Industry and Land Development Association (BILD)

Appellant: C.Y. Vehicle Enterprises Inc.

Appellant: RioCan Management Inc.

Appellant: Oxford Properties Group (Yorkdale Shopping Centre)

Appellant: Dufferin 401 Properties Limited

Appellant: Centura Real Estate Corp. et. al.

Subject: Proposed Official Plan Amendment No. 294

Municipality: City of Toronto

OLT Case No.: OLT-22-003552

Legacy Case No.: PL160073

OLT Lead Case No.: OLT-22-003552

Legacy Lead Case No.: PL160073

OLT Case Name: 3450 Dufferin Yorkdale Holdings Inc. v. Toronto (City)

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Applicant and Appellant: Oxford Properties Group

Subject: Request to amend the Official Plan – Failure of the City of Toronto to adopt the requested amendment

Existing Designation: Mixed Use Areas

Proposed Designated: Mixed Use Areas

Purpose: To permit a mixed-use redevelopment with new retail, office, hotel, residential and open space uses

Property Address/Description: 3401 Dufferin St. and 1 Yorkdale Road

Municipality: City of Toronto

Approval Authority File No.: 17 168973 NNY 15 OZ

OLT Case No.: OLT-22-003315

OLT Lead Case No: OLT-22-003315

OLT Case Name: Oxford Properties Group v. Toronto (City)

Heard: September 8, 2022 by Video Hearing

APPEARANCES:

Parties

Counsel

Oxford Properties Group

Mark Flowers

City of Toronto

Laura Bisset

2255695 Ontario Ltd. and B.J.S. Properties Inc.

Ilia Valitsky

MEMORANDUM OF ORAL DECISION DELIVERED BY BRYAN W. TUCKEY ON SEPTEMBER 8, 2022 AND ORDER OF THE TRIBUNAL

1The Tribunal convened the first Case Management Conference (“CMC”) for the above noted matter. Oxford Properties Group (“Appellant”) has filed two appeals being:

1. with respect of the City of Toronto's (“City”) adoption of Official Plan Amendment No. 294 (“OPA 294”), known as the Dufferin Street Secondary Plan, pursuant to s. 17(24) of the Planning Act (“Act”); and,

2. a site specific Official Plan Amendment for the City's failure to make a decision, pursuant to s. 22(7) of the Act (“SS OPA”).

The property is known municipally as 3401 Dufferin Street and 1 Yorkdale Road, in the City (“subject lands”).

2The effect of the two appeals is to bring the entire Yorkdale Shopping Centre Property (“Yorkdale”) into the boundaries of OPA 294 and to establish a long term Block Master Plan for the subject lands.

3The Affidavit of Service sworn August 23, 2022, is marked as Exhibit 1. No further notice is required.

4There is one request for Party status, with respect to these matters, by Ilia Valitsky representing 2255695 Ontario Ltd. and B.J.S. Properties Inc. (“3309 Dufferin”). These lands are municipally known as 3309 and 3317 Dufferin Street and are immediately adjacent to the subject lands. The Tribunal understands that it is unfortunate this request has come late in these proceedings, but is of the opinion, it is appropriate as his clients do have a direct interest in the matters before the Tribunal. That being said, Mr. Valitsky committed to make all efforts not to extend the Tribunal adjudication, would review the status of his client’s position at a subsequent CMC and comply with the Procedural Order for this matter.

5The Tribunal grants Party status to 3309 Dufferin, under the following requirements as found in the Ontario Land Tribunal (“OLT”)- Rules of Practice and Procedure (“Rules”) as follows:

1. with respect to OPA 294 as a Non-Appellant Party pursuant to Rule 8.3 and must shelter under an issue of a remaining appellant party and ‘may not raise or introduce a new issue in the proceeding’;

2. with respect to SS OPA, as a Party, pursuant to Rule 8.1.

6On September 16, 2022, the Tribunal was notified that Mr. Valitsky’s client is prepared to alter its status request and “wishes to continue their participation in both OLT case No. OLT-22-003552, respecting City of Toronto Official Plan Amendment No. 294 (the “Dufferin Street Secondary Plan”) and OLT-22-003315 respecting the Appellant’s proposed amendment to the City of Toronto Official Plan with Participant status, rather than Party status”. The Tribunal is prepared to amend the status of 3309 Dufferin from Party to that of a Participant.

7There are no further requests for Participant status with respect to this matter.

8The Tribunal identified his previous involvement with the Building Industry and Land Development Association which was a former appellant with respect to OPA 294. All Parties were in agreement that there is no conflict in this regard.

9Mr. Flowers, Counsel for the Appellant, provided background information with respect to the application for the benefit of the Tribunal and all present. OPA 294 only included a small portion of the entire Yorkdale property (identified as Block 14 in OPA 294) within the plan’s boundaries being the southeast quadrant of Yorkdale’s surface parking area. It also had limited density provisions and no residential permissions. It is Yorkdale’s intention to have the entirety of its property included within OPA 294 to establish land use policy for the long term redevelopment of the property as a mixed-use community.

10Mr. Flowers advised the Tribunal that the Appellant submitted a SS OPA, in May 2017, for the entirety of the Yorkdale lands. These planning instruments replicated what was previously appealed, was done so in the abundance of caution, and had a purpose to establish policies for a complete mixed-use community. The Appellant and the City have agreed to put the Zoning By-law Amendment on hold and focus on the proposed SS OPA. The Zoning By-law Amendment is with the City but not active and is not appealed to the Tribunal.

11There has been considerable public consultation with respect to the proposed development which includes the establishment of a Local Advisory Committee. Extensive discussions have taken place between the Appellant and City, and will continue with respect to the appropriate policies for the Yorkdale property. A Yorkdale Transportation Master Plan (“Master Plan”) was completed and presented to City Council in July 2022. This Master Plan recommended a variety of transportation improvements on and around the Yorkdale property.

12Mr. Flowers and Ms. Bisset have had considerable discussion with respect to a Procedural Order (“PO”) and Issues List. A draft PO is presented to the Tribunal but needs further refinement and detailed issues within the Issues List.

13Since there have been extensive discussions between the City and Appellant, the issues are well established. With the confirmation of an additional Party to these proceedings, a draft PO may be completed in a timely fashion so it may be presented at the first meeting of the new City Council. At that time, Ms. Bisset will receive the necessary direction from her client with respect to this matter.

14Mr. Valitsky advised the Tribunal that his clients’ interests related to built form, access arrangements and other matters that may have an impact on the neighbouring properties. He will make best efforts not to include additional issues that would extend the hearing and comply to the content of the PO.

15Mr. Flowers will take the lead in preparing the PO. All Parties committed to narrow and scope issues prior to a merits hearing being convened. At this time, Parties estimated a 10-day hearing would be sufficient to adjudicate issues.

16Mr. Flowers requested that these matters be ‘heard together’ in keeping with Rule 16 of the OLT –Rules as both the modification to OPA 294 and the proposed SS OPA are essentially the same with respect to land area and policy structure. Aside from his client, C. Y. Vehicle Enterprises Inc. is the only remaining appeal to OPA 294. Their issues have been dealt with through previous Tribunal decisions, were formally notified with respect to the CMC and are not present.

17Ms. Bissett generally agreed with Mr. Flowers’ description and confirmed that the City is in the process of finalizing and finding an appropriate settlement for a site specific application with respect to the C. Y. Vehicle Enterprises Inc. lands.

18All Parties consented to having these matters ‘heard together’ as set out in Rule 16. The Tribunal agrees.

19The Parties requested the following:

1. a second CMC is to be scheduled in February 2023. The purpose of this CMC is to review and finalize the draft PO and Issues List; and,

2. a 10-day merits hearing be scheduled.

20The Parties are made aware of the availability of Tribunal-led mediation. Parties are of the opinion it is too early in the process but understand they may request this mediation at their convenience.

TRIBUNAL DISPOSITION

21The Tribunal grants Participant status to 3309 Dufferin.

22The Tribunal is prepared to schedule a full day CMC commencing on Thursday, February 16, 2023 at 10 a.m.

23Given the considerable discussion between the Parties, and their commitment to finalize the PO in a timely fashion, the Tribunal is comfortable to schedule a merits hearing commencing on Monday, September 18 to Friday, September 29, 2023, at 10 a.m. for 10 days.

24The Tribunal directs that a final draft PO be submitted to the Tribunal’s Case Coordinator no later than 4:30 p.m. Friday, January 27, 2023.

25The Tribunal finds that these matters are appropriately ‘heard together’ in keeping with Rule 16 as both a modification to OPA 294 and the proposed SS OPA are very similar and there appears to be no prejudice to any party.

CASE MANAGEMENT CONFERENCE AND MERITS HEARING TECHNICAL DETAILS

26A full day CMC will convene on Thursday, February 16, 2023, by video hearing at 10 a.m.

Thursday, February 16, 2023 at 10 a.m. (1 day hearing)

GoTo Meeting: https://global.gotomeeting.com/join/979388733

Access code: 979-388-733

Audio-only telephone line: (Toll-Free) 1-888-299-1889 and +1 (647) 497-9373

Audio-only access code: 979-388-733

27A 10-day merits hearing will convene on Monday, September 18 to Friday, September 29, 2023, by video hearing at 10 a.m.

28Parties 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:

Monday, September 18, 2023 at 10 a.m. (10-day hearing)

GoTo Meeting: https://global.gotomeeting.com/join/909787981

Access code: 909-787-981

Audio-only telephone line: (Toll-Free) 1-888-455-1389 and +1 (647) 497-9391

Audio-only access code: 909-787-981

29Parties 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.

30Parties 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

31Persons 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.

32Individuals 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

33Accordingly, the Tribunal orders:

1. a one-day Case Management Conference is to convene on Thursday, February 16, 2023.

2. a 10-day Merits Hearing is to convene on Monday, September 18, 2023.

3. 2255695 Ontario Ltd. and B.J.S. Properties Inc. is granted Participant status with respect to Official Plan Amendment No. 294 and to the Site Specific Official Plan Amendment for the Yorkdale Shopping Centre property.

4. that these matters will be ‘heard together’ in keeping with Rule 16 of the Ontario Land Tribunal – Rules of Practice and Procedures.

34No further notice will be given.

35The Member is not seized.

“Bryan W. Tuckey”

BRYAN W. TUCKEY

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.