Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 10, 2023
CASE NO(S).: OLT-22-002268 (Formerly PL200265)
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Dundeal Canada (GP) Inc. Subject: Request to amend the Official Plan - Failure of the City of Toronto to adopt the requested amendment Description: To permit a future mixed-use development, new public streets, and parks Reference Number.: 18 206702 ESC 37 OZ Property Address: 2200-2206 Eglinton Ave. E., Et Al Municipality: City of Toronto OLT Case No.: OLT-22-002268 Legacy Case No.: PL200265 OLT Lead Case No.: OLT-22-002268 Legacy Lead Case No.: PL200265 OLT Case Name: Dundeal Canada (GP) 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: Dundeal Canada (GP) Inc. Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit a mixed use, 3339 unit development Reference Number.: 20 154599 ESC 21 OZ Property Address: 2200-2206 Eglinton Ave. E., Et Al Municipality: City of Toronto OLT Case No.: OLT-21-001853 OLT Lead Case No.: OLT-22-002268 Legacy Lead Case No.: PL200265
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Dundeal Canada (GP) Inc. Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit a mixed use, 3339 unit development Reference Number.: 21 166739 ESC 21 OZ Property Address: 2200-2206 Eglinton Ave. E., Et Al Municipality: City of Toronto OLT Case No.: OLT-21-001854 OLT Lead Case No.: OLT-22-002268 Legacy Lead Case No.: PL200265
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Dundeal Canada (GP) Inc. Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision Description: To permit a mixed use, 3339 unit development Reference Number: 20 154640 ESC 21 SB Property Address: 2200-2206 Eglinton Ave. E., Et Al Municipality/UT: City of Toronto OLT Case No.: OLT-22-003791 OLT Lead Case No.: OLT-22-002268
Heard: February 28, 2023, by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Dundeal Canada (GP) Inc. | David Bronskill |
| City of Toronto | Amanda Hill, Daniel Elmadany |
MEMORANDUM OF ORAL DECISION DELIVERED BY DAVID BROWN AND C. I. MOLINARI ON FEBRUARY 28, 2023, AND ORDER OF THE TRIBUNAL
1The Tribunal convened a Case Management Conference (“CMC”) in respect of an appeal filed pursuant to s. 51(34) of the Planning Act, R.S.O. 1990 c. P. 13, as amended (the “Act”) by Dundeal Canada (GP) Inc. (the “Appellant”) against the City of Toronto (the “City”) for its failure to make a decision on an application for approval of a Draft Plan of Subdivision (the “DPS”) within the timeframe prescribed by the Act.
2The Tribunal notes that the appeals in respect of the Official Plan Amendment and Zoning By-law Amendments have been finalized before the Tribunal pursuant to the Tribunal’s Order issued October 31, 2022. The appeal of the DPS is the remaining appeal before the Tribunal in respect of this Case.
3The lands that are the subject of the application are known municipally as 2200 – 2206 Eglinton Avenue East, 1020 – 1030 Birchmount Road, and 75 Thermos Road (the “Subject Lands”). The Appellant proposes to redevelop the Subject Lands with a mixed-use development with multiple buildings on newly created roads, a private open space and public parks.
4An Affidavit of Service sworn on February 8, 2023, attesting to the giving of notice for this proceeding was marked as Exhibit 1.
5Stephanie Brazzell attended on behalf of 191 Ashtonbee Investments Inc. (“Ashtonbee”). Ashtonbee is seeking Party Status before the Tribunal and Ms. Brazzell explained that Ashtonbee also trades as Cosmetica Investments Inc. (“Cosmetica”) which was Party to the OPA and ZBA appeals in connection to the Subject Lands.
6Mr. Bronskill advised that the OPA and ZBA appeals have been finalized before the Tribunal and the DPS appeal is a separate matter. Mr. Bronskill explained that he was not aware of the request for status and requested that the determination of the status of Ashtonbee be deferred to the next CMC as there may be a question as to whether the Act provides for additional Parties in a DPS appeal under s. 51(34) of the Act.
7Mr. Bronskill requested the Tribunal to schedule a further CMC to update the Tribunal on the status of negotiations with the City with the goal of achieving a settlement of the matter. Mr. Bronskill advised that if a settlement is achieved the Parties will request that the CMC be converted to a Settlement hearing.
8The Tribunal scheduled a further CMC to commence on Thursday, June 15, 2023, at 10:00 am by video.
9Parties 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:
https://global.gotomeeting.com/join/519389173
Access code: 519-389-173
10Parties 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
11Persons 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 519-389-173.
12Individuals 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.
13The Tribunal reserves its decision with respect to the request for Party Status sought by Ashtonbee. The Tribunal directs Ashtonbee and/or Cosmetica to submit a Party Status Request Form to the Tribunal on or before Thursday, May 18, 2023, should they wish to pursue status before the Tribunal in respect of these proceedings to be considered at the next CMC.
14The Panel is not seized of this matter.
15There will be no further notice required.
“David Brown”
DAVID BROWN MEMBER
“C. I. Molinari”
C. I. MOLINARI MEMBER
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.