Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 08, 2022
CASE NO(S).: OLT-22-001974 (Formerly) PL210254
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 2004085 Ontario Inc. Subject: Request to amend the Official Plan - Failure of City of Toronto to adopt the requested amendment Existing Designation: Employment and Mixed Use Proposed Designated: Mixed Use with Site Specific Area Policy (SASP) Purpose: To permit a five-building mixed use community with parkland Property Address/Description: 1891 Eglinton Avenue East Municipality: City of Toronto Approval Authority File No.: 20158264 ESC 20 OZ OLT Case No.: OLT-22-001974 Legacy Case No.: PL210254 OLT Lead Case No.: OLT-22-001974 Legacy Lead Case No.: PL210254 OLT Case Name: 2004085 Ontario Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 2004085 Ontario Inc. Subject: Application to amend former City of Scarborough Zoning By-law No. 24982 - Refusal or neglect of City of Toronto to make a decision Existing Zoning: Mixed Employment Proposed Zoning: Site Specific (To be determined) Purpose: To permit a five-building mixed use community with parkland Property Address/Description: 1891 Eglinton Avenue East Municipality: City of Toronto Municipality File No.: 20 224755 ESC 20 OZ OLT Case No.: OLT-22-001986 Legacy Case No.: PL210255 OLT Lead Case No.: OLT-22-001974 Legacy Lead Case No.: PL210254
Heard: February 1, 2022 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Mattamy Eglinton Limited Partnership ("Mattamy") ("Applicant/Appellant") | Andrew Jeanrie |
| City of Toronto | Nathan Muscat |
| Canadian Tire Real Estate Limited | Adrianna Pilkington |
| IPEX Inc. | Adrian Frank |
| Metro Ontario Real Estate Limited | Conner Harris |
DECISION DELIVERED BY D. CHIPMAN AND ORDER OF THE TRIBUNAL
1This was the second Case Management Conference ("CMC") with regard to the property located at 1891 Eglinton Avenue East (the "subject lands") in the City of Toronto.
2The Applicant intends to redevelop its property with mixed-use development consisting of four mixed-use tall buildings with heights that range from 33 to 48 storeys: a 10-storey residential mid-rise building and 2,823 square metres of public parkland and new streets. The subject lands is located within the draft Golden Mile Secondary Plan.
3The City failed to make a decision on the applications within the time period specified in the Planning Act, R.S.O. 1990, c. P. 13, as amended, and 2004085 Ontario Inc. appealed to the Tribunal pursuant to s. 22(7) on the Official Plan Amendment and 34(11) on the Zoning By-law Amendment of that statute.
4Mr. Jeanrie advised that on December 21, 2021, Mattamy purchased the subject lands from 2004085 Ontario Inc. Notification of the purchase and change of counsel was received by the Tribunal through an email received on December 22, 2021.
5The Tribunal will now note the Applicant/Appellant as Mattamy Eglinton Limited Partnership ("Mattamy") in this Decision and in future hearings.
PROCEDURAL ORDER AND ISSUES LIST
6Having just received carriage of the file, Mr. Jeanrie stated he had reached out to the City to advance discussions prior to this CMC, on matters pertaining to the draft Procedural Order ("PO") and Issues List. Both he and the City have identified issues but have not had discussions with those who had been granted Party status at the CMC of September 23, 2021.
7The Tribunal questioned Mr. Jeanrie, whether he and Laura Higgins, who was part of the initial discussions at the first CMC, had made contact. The Tribunal noted that the prior owner agreed to work with Ms. Higgins in the event that the community group is eventually granted Party status and to avoid delays related to the group's potential contributions and revisions to the draft documents. Mr. Jeanrie agreed to reach out to Ms. Higgins to alert her of the acquisition in an effort to ensure the draft PO submitted will be inclusive of any issues her group may have.
MEDIATION
8The Tribunal reminded the Parties that Tribunal-assisted mediation is always available to them, and that should they reach a point where mediation will be of assistance, they may request a mediation assessment through the assigned Case Coordinator.
THIRD AND FOURTH CASE MANAGEMENT CONFERENCE DATES
9The Parties requested that the Tribunal schedule a third CMC hearing in May 2022. The CMC will allow the City time to include any issues arising out of the Golden Mile Secondary Plan discussions currently underway and the results of Mr. Jeanrie's outreach to Ms. Higgins.
10The Tribunal directed Counsel for the Applicant/Appellant to prepare, on consent, a preliminary draft PO on or before February 15, 2022 for consideration at the next CMC.
11The Tribunal set the third CMC for Tuesday, May 24, 2022 commencing at 10 a.m. by video hearing.
12The City identified that this being an election year, final direction to Counsel could not be obtained until early 2023. The City requested that a fourth CMC to ensure any new directions resulting from discussions with the new City Council be made aware to all Parties and the Tribunal before the start of the Hearing of the Merits and to ensure that if any questions arise in discussion with the new City Council, they could be addressed prior to the hearing.
13In granting a fourth CMC, the Tribunal directed that should the parties agree there is no basis to meet, the parties are to notify the Tribunal 10 days in advance of the CMC to remove the date from the Tribunal's calendar.
14The Tribunal set a fourth and final CMC for Wednesday, May 24, 2023 commencing at 10 a.m. by video hearing.
HEARING DATE
15The Tribunal canvassed the Parties as to the number and areas of expertise of their intended witnesses for the hearing. Counsel for the Applicant after speaking with the City, both consent to a 14-day hearing as being appropriate for the number of witness they wish to call.
16Based on the discussion during the CMC, the Tribunal determined that it would be reasonable to schedule the hearing for 14-days.
17The Tribunal set the Hearing of the Merits for Monday, June 26, 2023 commencing at 10 a.m. by video hearing.
18Coordinates for all noted hearings are set out in this Decision as follows:
https://meet.goto.com/709076365
Access Code: 709-076-365
19Parties 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:
20Parties and participants 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 or a web application is available: https://app.gotomeeting.com/home.html.
21Persons 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 as indicated above.
22Individuals 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 Hearing Office's Case Coordinator having carriage of this case.
ORDER
23The date and particulars of a third and fourth Case Management Conferences and the Hearing of the Merits are set out above.
24Counsel for the Applicant/Appellant shall be tasked with the co-ordination and preparation of the draft Procedural Order, to be filed with the Tribunal on consent of the Parties no later than Tuesday, February 15, 2022.
25No further notice will be provided.
26The Member is not seized but may be spoken to through the Case Coordinator if any issues arise.
"D. Chipman"
D. CHIPMAN 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.