Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: January 05, 2023

CASE NO(S).: OLT-22-003956

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Digram Developments Helen Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the development of a 10-storey residential building
Reference Number: PLAN 19 137397
Property Address: 55, 63 and 83 Helen Avenue
Municipality/UT: Markham/York
OLT Case No.: OLT-22-003956
OLT Lead Case No.: OLT-22-003956
OLT Case Name: Digram Developments Helen Inc. v. Markham (City)

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant/Appellant: Digram Developments Helen Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of a 10-storey residential building
Reference Number: SU/ZA 17 135415
Property Address: 55, 63 and 83 Helen Avenue
Municipality/UT: Markham/York
OLT Case No.: OLT-22-003957
OLT Lead Case No.: OLT-22-003956

Heard: December 14, 2022, by video hearing

APPEARANCES:

Parties
Counsel

Digram Developments Helen Inc.
Mark Flowers

City of Markham
The Regional Municipality of York
Maggie Cheung-Madar
Samantha Whalen

MEMORANDUM OF ORAL DECISION DELIVERED BY C. HARDY ON DECEMBER 14, 2022, AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This is the second Case Management Conference (“CMC”) relating to an appeal brought pursuant to s. 22(7), s. 34(11) and s. 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended (“Act”) from the failure of the City of Markham (“City”) to make a decision within statutory timeframes of the Act with respect to applications for an Official Plan Amendment (“OPA”), Zoning By-law Amendment (“ZBA”) and Plan of Subdivision (“Subdivision”). The appeal has been filed by Digram Developments Helen Inc. (“Appellant”) regarding lands located at 55, 63 and 83 Helen Avenue, Markham (“Subject Property”).

2On October 27, 2022, the Tribunal held its first CMC (“1st CMC”) at which it consolidated the OPA, ZBA and Subdivision appeals and granted Party status to The Regional Municipality of York.

ANTICIPATED SETTLEMENT

3In accordance with the 1st CMC, the Parties were directed to either request that the Tribunal convert the CMC to a settlement hearing or have attended the CMC prepared to discuss and finalize a draft Procedural Order. This did not occur due to the progress that was made towards settling the appeal.

4Prior to the CMC, the Tribunal was advised by the Parties that a settlement was imminent, and they intended to file settlement materials with the Tribunal in advance of the CMC. On the morning of the CMC, the Tribunal was advised that one issue remained outstanding which prevented the Parties from finalizing a settlement.

5The Tribunal was advised by the Parties that they remain confident that a settlement will be reached, and some additional time is required to work through one remaining issue and will allow City Council meetings to take place. The Parties anticipate that they will be in a position to file the required materials and present a settlement to the Tribunal for consideration at the end of February 2023.

6The Tribunal scheduled a third CMC with the direction that Parties are to be prepared to either present the terms of the settlement of the appeal or, in the event a settlement cannot be reached, have a final draft Procedural Order and Issues List ready for review and approval by the Tribunal.

ORDER AND DIRECTION

7The Tribunal orders that a third Case Management Conference in this matter will be held by video hearing on February 27, 2023, commencing at 10 a.m.:

GoTo Conference Link: https://global.gotomeeting.com/join/638422541

Access code: 638-422-541

8Parties 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

9Persons 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: [+1 (647) 497-9373 OR 1-888-299-1889]. The access code is [638-422-541].

10Individuals 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.

11On or before February 21, 2023, the Parties shall jointly provide a written status update to the Case Coordinator as follows:

a) In the event the Parties have resolved all outstanding issues and will request that the CMC be converted to a settlement hearing, Counsel will file:

i. A copy of the Minutes of Settlement, if available;

ii. A copy of supporting documentation, materials, draft plans, reports or other materials which the Parties will submit as evidence in support of the settlement;

iii. An affidavit or evidence outline of a qualified expert who will provide evidence in support of the settlement, including a copy of the expert’s curriculum vitae and executed Acknowledgement of Expert’s Duty form;

iv. A draft Order and draft instruments / plans which will be presented to the Tribunal for consideration; and,

v. Any other materials that the Parties will rely upon in support of the settlement.

b) In the event that a settlement has not been reached, the Parties shall jointly file with the Tribunal a draft Procedural Order and Issues List.

12The Member is not seized, however, will remain available for case management subject to the Tribunal’s calendar.

13No further notice will be given.

14The Tribunal so orders and provides the additional directives for the purpose of case management of the appeal.

“C. Hardy”

c. hardy

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.