Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 02, 2023
CASE NO(S).: OLT-23-000092
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Mattamy (Eglinton) Limited
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit a mixed-use development with residential blocks, park block, road widening blocks, and lands for public streets
Reference Number: 20 224768 ESC 20 SB
Property Address: 1891 Eglinton Avenue East
Municipality/UT: City of Toronto
OLT Case No.: OLT-23-000092
OLT Lead Case No.: OLT-23-000092
OLT Case Name: Mattamy (Eglinton) Limited v. Toronto (City)
Heard: October 18, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel
Mattamy (Eglinton) Limited
Andrew Jeanrie Stephanie Brazzell
City of Toronto
Nathan Muscat (in absentia) Daniel Elmadany Amanda Hill
Canadian Tire Real Estate Limited
Jennifer Evola Signe Leisk (in absentia) Christie Gibson (in absentia)
IPEX Inc.
Adrian Frank Jason Park (in absentia)
Metro Ontario Real Estate Limited
Conner Harris
MEMORANDUM OF ORAL DECISION DELIVERED BY FELIX LAVOIE AND BRYAN W. TUCKEY ON OCTOBER 18, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision and Order arise from the second Case Management Conference (“CMC”) held regarding an appeal filed by Mattamy (Eglinton) Limited (the “Appellant”) pursuant to subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, in respect of the failure by the City of Toronto (the “City”) to make a decision on the Appellant’s proposed Plan of Subdivision for the property known municipally as 1891 Eglinton Avenue East (the “Property”).
SCHEDULING THE MERIT HEARING
2Counsel for the Appellant requested the Tribunal schedule a five to eight-day hearing on the merits in or around September 2024, being approximately seven months after the hearing on the merits for a related Official Plan Amendment (“OPA”) appeal for the Property, scheduled in March 2024. The Appellant opined this timeframe would expedite the resolution of the appeal while providing sufficient time after the March 2024 hearing to allow the parties to subsume the OPA decision in the submissions for the Plan of Subdivision appeal.
3Counsel for the City opposed the Appellant’s request to schedule the merit hearing. The City argues it is premature to schedule a merit hearing before the OPA appeal decision is released since some issues could be rendered moot by that decision. The City submits that scheduling a merit hearing at this juncture would, among other things, be wasteful of the Tribunal’s and the parties’ time.
4The three other parties, Canadian Tire Real Estate Limited, IPEX Inc., and Metro Ontario Real Estate Limited did not take a position as to the question of scheduling the merit hearing.
5As the Appellant and City have not yet submitted a draft Procedural Order (“PO”) and issues list (“IL”), the Tribunal agrees with the City that it is premature to schedule a hearing on the merits of these proceedings.
6The Tribunal is not inclined to schedule a Merits Hearing at this CMC. It is prepared to schedule a further CMC on this matter where it expects to see a draft PO to manage a Merits Hearing should this matter continue to be contested.
7The Tribunal scheduled a third CMC proceeding by video on Thursday, February 22, 2024, at 10 a.m.
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:
https://global.gotomeeting.com/join/687587165
Access Code: 687-587-165
9Parties 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: (Toll Free) 1-888-299-1889 or +1 (647) 497-9373. The access code is as indicated 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 Video Hearing 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 the Parties to prepare a draft Procedural Order, complete with Issues List, with an update to be filed with the Tribunal no later than one week prior to its consideration at the proceeding scheduled on Thursday, February 22, 2024, at 10 a.m.
13This Panel is not seized.
“Bryan W. Tuckey”
BRYAN W. TUCKEY MEMBER
“F. Lavoie”
F. LAVOIE 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.