ISSUE DATE: November 9, 2023.
CASE NO(S).: OLT-23-000445
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Holland Hope General Partners Inc.
Subject: Failure of Approval Authority to make a decision respecting a Proposed Official Plan Amendment
Reference Number: OPA.22.01
Property Address: Various Addresses (19349, 19357, 19365 and 19399 Yonge St.)
Municipality/UT: East Gwillimbury/York
OLT Case No.: OLT-23-000445
OLT Lead Case No.: OLT-23-000445
OLT Case Name: Holland Hope General Partners Inc. v East Gwillimbury
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Reference Number: ZBA.22.02
Property Address: Various Addresses (19349, 19357, 19365 and 19399 Yonge St.)
Municipality/UT: East Gwillimbury/York
OLT Case No.: OLT-23-000446
OLT Lead Case No.: OLT-23-000445
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Subject: Site Plan
Reference Number: 19T-22001, SPA.22.08
Property Address: Various Addresses (19349, 19357, 19365 and 19399 Yonge St.)
Municipality/UT: East Gwillimbury/York
OLT Case No.: OLT-23-000447
OLT Lead Case No.: OLT-23-000445
BEFORE: STEVEN. T. MASTORAS, MEMBER Thursday, the 9th day of November, 2023
THE TRIBUNAL ORDERS that the Procedural Order, attached hereto as Appendix “1” shall be in force and effect for the purpose of governing the required procedures leading up to and including the hearing scheduled to commence on April 2, 2024 at 10:00 a.m. by Videoconference. The length of the hearing will be 8 days.
THE TRIBUNAL has granted participant status to Dave and Linda Gingrich on consent of the parties.
“Euken Lui”
EUKEN LUI ACTING REGISTRAR
Ontario Land Tribunal
Website: 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
Appendix “1” PROCEDURAL ORDER
- The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties’ request or its own motion.
Organization of the Hearing
- The Hearing will begin on April 2, 2024 at 10:00 a.m. Unless otherwise subsequently ordered by the Tribunal, the Hearing shall proceed by videoconference.
Join the video event: https://global.gotomeeting.com/join/692665589 Access code: 692-665-589
Audio line/Teleconference details:
If the event is a teleconference or you are having difficulty connecting to a video event, please connect using the audio-line as shown below.
You can connect to the call by dialling 1-888-299-1889 (Toll Free) or +1 (647) 497- 9373.The access code is 692-665-589.
The Parties’ initial estimation for the length of the Hearing is eight (8) days. The Parties are expected to cooperate to reduce the length of the Hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.
The Parties and Participants identified at the case management conference are set out in Attachment 1.
The issues for the Hearing are set out in the Issues List attached as Attachment 2. There will be no changes to this list unless the Tribunal permits, and a Party who asks for changes may have costs awarded against it.
The order of evidence shall be as set out in Attachment 3. The Tribunal may limit the amount of time allocated for opening statements, direct evidence (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the Parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.
The purpose of this Procedural Order and the meaning of the terms used in it are set out in Attachment 4.
Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.
Any person who intends to participate in the Hearing, including Parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website (https://olt.gov.on.ca/tribunals/lpat/).
Requirements Before the Hearing
A Party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other Parties a list of the witnesses and the order in which they will be called. This list must be delivered on or before December 20th, 2023, and in accordance with paragraph 23 below. A Party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.
Expert witnesses in the same field shall have a meeting on or before January 12th, 2024 and try to resolve or reduce the issues for the Hearing. Following the experts’ meetings, and if any agreement is reached, the Parties must prepare and file a Statement of Agreed Facts and Issues with the Case Co-ordinator on or before (90 Days before Hearing Start).
An expert witness shall prepare an Expert Witness Statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the Hearing. Copies of this must be provided as in paragraph 15 below. Instead of an Expert Witness Statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.
Expert witnesses who are under summons and not paid to produce a report do not have to file an Expert Witness Statement; but the Party calling them must file an outline of the expert’s evidence as in paragraph 15 below.
A Party who intends to call a witness who is not an expert must file a Witness Statement, as in paragraph 15 below.
On or before February 5th, 2024 the Parties shall provide copies of their Witness Statements and Expert Witness Statements to the other Parties and to the Case Co- ordinator and in accordance with paragraph 23 below.
On or before February 5th, 2024, a Participant shall provide copies of their written Participant Statement to the Parties and to the Case Co-ordinator in accordance with paragraph 23 below. A Participant cannot present oral evidence or submissions at the Hearing unless ordered by the Tribunal.
Parties may provide to all other Parties and the Case Co-ordinator a written response to any Written Evidence on or before March 1st, 2024, and in accordance with paragraph 23 below.
On or before March 20th, 2024 the Parties shall provide copies of their visual evidence to all of the other Parties in accordance with paragraph 23 below. If a model will be used, all Parties must have a reasonable opportunity to view it before the Hearing.
The Parties shall cooperate to prepare a Joint Document Book which shall be shared with the Case Co-ordinator on or before March 20th, 2024
A person wishing to change Written Evidence, including Witness Statements, must make a written Motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the Moving Party provide copies of the Motion to all other Parties 15 days before the Tribunal hears the Motion.
A Party who provides Written Evidence of a witness to the other Parties must have the witness attend the Hearing to give oral evidence, unless the Party notifies the Tribunal and the other Parties by March 11th, 2024 that the written evidence is not part of their record.
The Parties shall prepare and file a preliminary Hearing Plan with the Tribunal on or before March 20th, 2024 with a proposed schedule for the Hearing that identifies, as a minimum, the Parties participating in the Hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in direct, cross-examination and re-direct examination (if any) and the expected length of time for final submissions. The Parties are expected to ensure that the Hearing proceeds in an efficient manner and in accordance with the Hearing Plan. The Tribunal may, at its discretion, change or alter the Hearing Plan at any time in the course of the Hearing.
All filing shall be electronic, unless the Tribunal requests a hard copy(ies) of any document. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7.
No adjournments or delays will be granted before or during the Hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.
This Member is not seized.
So orders the Tribunal.
BEFORE:
Name of Member:
Date:
TRIBUNAL REGISTRAR
SUMMARY OF PROCEDURAL DATES
DATE
EVENT
December 20, 2023
Exchange of list of witnesses and the order in which they will be called
January 12, 2024
Meeting of expert witnesses in the same field
January 19, 2024
Filing of agreed statement of facts
February 5th, 2024
Exchange of expert reports/expert witness statements/written evidence, evidence outlines for witnesses under summons, participant statements
March 1, 2024
Exchange of responding evidence
March 20, 2024
Exchange of visual evidence
March 20, 2024
Filing of Joint Document Book
March 20, 2024
Filing of Hearing Plan
April 2, 2024
Hearing commences
List of Parties/Participants
PARTIES
Party
Counsel / Representative
Holland Hope General Partners Inc.
Paul DeMelo/ Doug Pateman Kagan Shastri DeMelo Winer Park LLP 188 Avenue Road Toronto, ON M5R 2J1 Email: pdemelo@ksllp.ca / dpateman@ksllp.ca Tel: (416) 368-2100 ext. 228/ (437) 780-3586
Town of East Gwillimbury
Laura Dean Aird & Berlis LLP 4100-66 Wellington Street West Toronto, ON M5K 1B7 Email: ldean@airdberlis.com Tel: (416) 865-7706
PARTICIPANTS
Participant
Counsel/Representative
Anne Page annehpage@gmail.com
Cynthia MacKenzie Ghlake9428@gmail.com
Dave & Linda Gingrich lgingrich2000@rogers.com
Issues List
Note: The identification of an issue on this Issues List does not mean that all parties agree that such an issue, or the manner in which it is expressed, is appropriate or relevant for the proper determination of the appeal. The extent of the appropriateness and/or relevance of the issue may be a matter of evidence and/or argument at the hearing.
Town of East Gwillimbury
Is it premature for the Tribunal to consider the site plan application when there is no servicing allocation for the subject site?
Is it premature for the Tribunal to consider the site plan application when there is an active draft plan of subdivision application for the subject site?
Does the proposed development conform to the Town’s Zoning By-law? And have all required Zoning deficiencies been addressed in the proposed Zoning By-law Amendment?
Does the proposed development conform with the policies of the Official Plan (including, but not limited to the following)?
a) Section 3.2.3.2.2 – with respect to Local Centres being intended to be the prime focus of commercial activity;
b) Section 4.3.3.1 with respect to permitted uses;
c) 4.3.3.2 – maximum height is 4 storeys;
d) Section 4.3.3.4 Do the proposed buildings complement and enhance the historical and/or architectural character of the area;
e) Section 4.3.3.5 – have these criteria been satisfied;
f) Section 6.2.11 – is the design and massing compatible with adjacent heritage buildings;
g) Section 6.2.13 – has the heritage building been thoroughly documented; and
h) Section 6.2.20 – does the proposal have adequate regard for the preservation of trees?
Is the proposed development too dense to permit appropriate site circulation?
Are the proposed setbacks appropriate and do they represent good planning?
Does the proposed development conform with the Growth Plan for the Greater Golden Horseshoe?
Is the proposed development consistent with the Provincial Policy Statement?
Has the appellant demonstrated that the proposed 0 m interior side yard setback is adequate to ensure neighbouring trees are protected and will not be damaged during construction?
Does the proposed development adequately address the Town’s technical comments dated May 17, 2022 and September 30, 2022?
Is sufficient parking provided on site and is the proposed parking functional?
Is the proposed access to the subject site safe and appropriate?
Has the required tree compensation been provided in accordance with the Town’s Parks Design Standards Manual and Thinking Green Design Standards?
Have the minimum requirements for a landscape buffer/planting strip been provided in accordance with Section 4.25 of the Zoning By-law and the Parkland Design Standards Manual? Is the landscape buffer adequate?
Is the proposed development compatible with the Yonge Street Revitalization project?
Are the proposed internal walkways functional and appropriate?
Is there adequate snow storage on the subject site?
Is there adequate waste storage on the subject site?
Are the proposed loading spaces appropriate and functional?
Has capacity analysis been conducted to demonstrate that downstream sewers can convey sanitary flows from this the subject site?
Is the proposed curb radii for driveway access to Yonge Street and Thompson Drive adequate without projecting onto adjacent property lines?
Can the minimum engineering standards for internal laneway widths (6.5m) be achieved on the subject site?
Can the minimum engineering standards for internal laneway widths (6.5m) be achieved on the subject site?
Have all Lake Simcoe Region Conservation Authority comments been addressed?
Attachment “3”
Order of Evidence
Holland Hope General Partners Inc.
Town of East Gwillimbury
Holland Hope General Partners Inc. (reply, if any)
Meaning of terms used in the Procedural Order:
A Party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other Parties, and making submissions on all of the evidence. An unincorporated group cannot be a Party and it must appoint one person to speak for it, and that person must accept the other responsibilities of a Party as set out in the Order. Parties do not have to be represented by a lawyer and may have an agent speak for them. The agent must have written authorization from the Party.
NOTE that a person who wishes to become a Party before or at the hearing, and who did not request this at the case management conference (CMC), must ask the Tribunal to permit this.
A Participant is an individual or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A Participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a Party may do so).
Section 17 of the Ontario Land Tribunal Act states that a person who is not a Party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a Participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A Participant may also be asked questions by the Parties should the Tribunal direct a Participant to attend a hearing to answer questions on the content of their written submission.
A Participant must be identified and be accorded Participant status by the Tribunal at the CMC. A Participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A Participant cannot ask for costs, or review of a decision, as a Participant does not have the rights of a Party to make such requests of the Tribunal.
Written evidence includes all written material, reports, studies, documents, letters and witness statements which a Party or Participant intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.
Visual evidence includes photographs, maps, videos, models, and overlays which a Party or Participant intends to present as evidence at the hearing.
A witness statement is a short written outline of the person’s background, experience and interest in the matter; a list of the issues which he or she will discuss ; and a list of reports or materials that the witness will rely on at the hearing.
An expert witness statement should include his or her (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness’ opinions on those issues and the complete reasons supporting their opinions and conclusions and (5) a list of reports or materials that the witness will rely on at the hearing. An expert witness statement must be accompanied by an acknowledgement of expert’s duty.
A Participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a statement of the Participant’s position on the appeal; a list of the issues which the Participant wishes to address and the submissions of the Participant on those issues; and a list of reports or materials, if any, which the Participant wishes to refer to in their statement.
Additional Information
A summons may compel the appearance of a person before the Tribunal who has not agreed to appear as a witness. A Party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons through a request. (See Rule 13 on the summons procedure.) The request should indicate how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the information provided in the request that the evidence is relevant, necessary or admissible, the Party requesting the summons may provide a further request with more detail or bring a motion in accordance with the Rules.
The order of examination of witnesses is usually direct examination, cross-examination and re-examination in the following way:
direct examination by the Party presenting the witness;
direct examination by any Party of similar interest, in the manner determined by the Tribunal;
cross-examination by Parties of opposite interest;
re-examination by the Party presenting the witness; or
another order of examination mutually agreed among the Parties or directed by the Tribunal.