Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 13, 2023
CASE NO(S).: OLT-22-004600
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: LCG 100 Eglinton Square Ltd.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the development of a 35-storey mixed-use building, including a 6-storey podium
Reference Number: 22 135860 ESC 20 OZ
Property Address: 100 Eglinton Square
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-22-004600
OLT Lead Case No.: OLT-22-004600
OLT Case Name: LCG 100 Eglinton Square Ltd. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant LCG 100 Eglinton Square Ltd.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of a 35-storey mixed-use building, including a 6-storey podium
Reference Number: 22 135860 ESC 20 OZ
Property Address: 100 Eglinton Square
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-22-004601
OLT Lead Case No.: OLT-22-004600
PROCEEDING COMMENCED UNDER subsection 114(15) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant LCG 100 Eglinton Square Ltd.
Subject: Site Plan
Description: To permit the development of a 35-storey mixed-use building, including a 6-storey podium
Reference Number: 22 135859 ESC 20 SA
Property Address: 100 Eglinton Square
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-22-004602
OLT Lead Case No.: OLT-22-004600
Heard: February 14, 2023, by video hearing
APPEARANCES:
Parties
Counsel
LCG 100 Eglinton Square Ltd. -(“Applicant/Appellant”)
Rodney Gill
City of Toronto
Amanda Hill Daniel Elmadany
Golden Mile Landowners Group Inc. & Mattamy Eglinton Ltd.
Andrew Jeanrie
Metro Ontario Real Estate Limited
Conner Harris
DECISION DELIVERED BY D. CHIPMAN AND ORDER OF THE TRIBUNAL
1This Decision arises from the first Case Management Conference (“CMC”) for the appeals brought by LCG 100 Eglinton Square Ltd as a result of the failure of the City of Toronto (“City”) to make decisions on applications for an Official Plan Amendment (“OPA”) and a Zoning By-law Amendment (“ZBA”) pursuant to s. 22(7), 34(11) of the Planning Act and application of Site Plan pursuant to s. 114(15) of the City of Toronto Act respectively.
2The lands are municipally known as 100 Eglinton Square in the City of Toronto.
3The Applicant is seeking to develop a 35-storey mixed use building including a 6-storey podium comprising of 296 residential units, 328 square metres of retail space, 915 square metres of office space with four (4) levels of underground parking which will result in a density of approximately 13.05 FSI.
4Notice for the hearing event and the Affidavit of Service attesting to service were marked as Exhibit 1.
REQUEST FOR PARTY STATUS
5The Tribunal received three requests for Party Status.
6A Party Status Request was received from the Golden Mile Landowners Group (“GMLGI”), a corporation representing multiple landowners within the same community as the subject site. Interests were identified as relating to existing and future infrastructure that could impact each of the landowners' sites to which the GMLGI has interest. The Tribunal, on consent of the Parties, granted Party Status to GMLGI.
7A Party Status Request was received from Mattamy (Eglinton) Limited ("Mattamy") the landowner of 1891 Eglinton Avenue East, which is located directly east of the subject site. Mattamy expressed interest in the proposed development’s impact on existing and future infrastructure and its impact on their site. The Tribunal, on consent of the Parties, granted Party Status to Mattamy.
8The third Party Status Request was received from Metro Ontario Real Estate Limited, the owner of the property located at 40 Eglinton Square. The Metro Ontario Real Estate Limited. property borders the Appellant’s lands immediately to the south and west. Metro Ontario Real Estate Limited. owns and operates a supermarket in very close proximity to the Appellant’s proposed development. The orientation of the two properties makes it such that the issues raised in these appeals will have a direct impact on Metro Ontario Real Estate Limited’s property. The Tribunal, on consent of the Parties, granted Party Status to Metro Ontario Real Estate Limited.
PARTICIPANT STATUS
9No requests for Participant status were received.
MEDIATION
10The Tribunal canvassed the parties as to whether they have engaged in discussions to resolve any of the issues in the appeal, and whether they are interested in mediation. Counsel indicated that they are encouraged by the ongoing dialogue and with the addition of three Parties to the proceeding they would like discussions to continue. The Tribunal reminded the parties that Tribunal-assisted mediation is 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.
NEXT STEPS
11The Parties requested a second CMC and agreed to finalize the draft Procedural Order and Issues List. The Tribunal directs that the Applicant coordinate and file the documents, on consent, with the Case Coordinator ten days before the next CMC.
12The next CMC will be held on Monday, May 8, 2023, at 10:00 a.m. No further Notice will be given.
13Parties 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.
14The CMC is scheduled to proceed by video as follows:
https://global.gotomeeting.com/join/656004293
Access Code: 656-004-293
15Persons 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.
16Parties 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
17Individuals 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
18The Tribunal Orders its directions and rulings on Party Status as set out above.
19This Member is not seized but remains available through the Case Coordinator should the need 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.