Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 15, 2023
CASE NO(S).: OLT-22-004695
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: 2402828 Ontario Inc. Subject: Proposed Official Plan Amendment 18.4 Description: To update policies to expand opportunities for missing- middle housing and create "15 minute" communities across the city's settlement areas. Reference Number: OPA 18.4 Property Address: City Wide Municipality/UT: City of Richmond Hill/ Region of York OLT Case No.: OLT-22-004695 OLT Lead Case No.: OLT-22-004695 OLT Case Name: 2402828 Ontario Inc. v. York (Region)
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: 2402828 Ontario Inc. Subject: Proposed Official Plan Amendment 18.3 Description: To update the city's 2041 Planning Vision and City Structure and provide supportive policies for those updates regarding place - making, mobility, affordable housing, climate change, and others. Reference Number: OPA 18.3 Property Address: City Wide Municipality/UT: City of Richmond Hill/ Region of York OLT Case No.: OLT-23-004743 OLT Lead Case No.: OLT-22-004695
Heard: May 2, 2023 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| 2402828 Ontario Inc. | I. Andres |
| City of Richmond Hill | R. Kehar, C. Thorne |
| Region of York | B. Ogunmefun |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. BRAUN ON MAY 2, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The matters before the Tribunal are appeals pursuant to s. 17(36) of the Planning Act against the decision of the Region of York (“Region”) to pass Official Plan Amendments 18.3 and 18.4 (“OPA 18.3” and “OPA 18.4”) to the Official Plan of the City of Richmond Hill. The purpose and effect of OPA 18.4 is to update policies to expand opportunities for “missing middle” housing and create “15 minute” communities across the City’s settlement areas. The purpose and effect of OPA 18.3 is to update the City’s 2041 Vision and City Structure to provide supportive policies for those updates regarding place-making, mobility, affordable housing, climate change, and others. The sole Appellant of OPA 18.3 and 18.4 is 2402828 Ontario Inc. ("2402828”/ “Appellant”).
STATUS REQUESTS
2The Tribunal received an Affidavit of Service dated March 30, 2023, confirming that Notice of this CMC was given as directed by the Tribunal and marked same as Exhibit 1.
3Although no written requests for Party/Participant Status were received in advance of the CMC, the Tribunal noted, from a review of correspondence in its file, that an interested landowner contacted the initial case coordinator having carriage of this file in December 2022, requesting information and indicating an intention to seek Party Status with respect to the appeal of OPA 18.3.
4It would appear that, as a result of an administrative error, the Tribunal failed to respond to the aforementioned request for information on these appeals and the interested individual was not added to the list of persons to be provided notice of this CMC. As such, the Tribunal raised concerns that there may have been a defect in the Notice for this CMC and canvassed the Parties with respect to suggestions on how to proceed in light of this concern.
5In response, the Parties offered an update on the status of the present appeals, some commentary on the potential defect in the Notice and a suggested path forward.
UPDATE FROM PARTIES/NEXT STEPS
6The Tribunal heard that, although the Region had initially raised a concern with respect to the validity of the Appellant’s standing to appeal OPA 18.3, in advance of the CMC, the Parties reached an agreement whereby:
a) No motion would be brought now, or in the future, seeking to challenge the Appellant’s standing to appeal OPA 18.3; and
b) The Appellant would scope its appeals on a site-specific basis, such that the policies and mapping identified in the notices of appeal for OPA 18.3 and OPA 18.4 would only remain under appeal in respect of the lands owned by 2402828 Ontario Inc., being 10533 Leslie Street, Richmond Hill.
7The aforementioned scoping of the appeals by 2402828 results in the balance of the non-appealed portions of OPA 18.3 and 18.4 now coming into force and effect by virtue of the operation of s. 17(39) of the Act.
8The Parties jointly requested the Tribunal adjourn these remaining site-specific appeals, sine die, pending the City’s completion of its Municipal Comprehensive Review (“MCR”), which may result in further OPAs being considered by City Council. At that time, the Parties will determine whether the Appellant’s site-specific appeals can be resolved via settlement, or whether the Tribunal will be required to adjudicate any outstanding issues. The Tribunal was advised that if a resolution to the raised in 2402828’s appeals is not reached, the Parties intend to seek a consolidated hearing for the appeals of both OPA 18.3 and OPA 18.4.
9With respect to the concern raised by the Tribunal in relation to a potential defect in the Notice and a corresponding need to provide the interested individual with an opportunity to request Party status in the interest of fairness, the Parties noted that no other appeals of OPA 18.3 and 18.4 were filed and, following the withdrawal of 2402828’s appeals on a City-wide basis, all that remains are the scoped, site-specific appeals in relation to the lands located at 10533 Leslie Street, which deal with narrowly defined issues in respect of specific mapping and policies. Given these circumstances, the Parties submitted that, practically speaking, it would be unlikely that the interested landowner would have a direct interest in these remaining appeals. It was further submitted that, even if the individual were to have a direct interest, by virtue of Rule 8.3 of the Tribunal’s Rules of Practice and Procedure, it would be unlikely that they could find an issue under which to shelter given the very narrow and site-specific issues raised by 2402828.
10Notwithstanding all of the foregoing, the Parties acknowledged the need to ensure a fair process and, to that end, agreed that an amended notice would be given in advance of any future hearing event to ensure an opportunity for the interested landowner to participate, if necessary. Counsel for all parties indicated that they would not object to that individual bringing forward a request for status for consideration by the Tribunal.
11As an expected date for the completion of the City’s MCR is unknown at this time, the Tribunal granted the request to adjourn the remaining site-specific appeals sine die, but directed the Parties to provide a written update on the status of the MCR and, if applicable, the status of 2402828’s appeals no later than December 15, 2023.
12The Tribunal inquired as to whether there were any other matters to be addressed which might assist in the fair, just and expeditious resolution of this matter. The Parties indicated there were none.
ORDER
13Whereas the Appellant, 2402828 Ontario Inc., has reached an agreement with the City of Richmond Hill and the Region of York to scope its appeals on a site-specific basis; and
14Whereas the City of Richmond Hill is in the process of completing a Municipal Comprehensive Review which may result in a resolution of or the further scoping of the present appeals;
15The Tribunal orders that the remaining site-specific appeals by 2402828 Ontario Inc. are hereby adjourned sine die; and
16By operation of s. 17(39) of the Planning Act, the non-appealed portions of Official Plan Amendment 18.3 and Official Plan Amendment 18.4 to the Official Plan of the City of Richmond Hill are in full force and effect.
17The Tribunal further orders the Parties to provide a written update to the case coordinator in relation to the status of the City of Richmond Hill’s Municipal Comprehensive Review and, if applicable, an update on the status of 2402828 Ontario Inc.’s appeals of OPA 18.3 and 18.4, no later than December 15, 2023.
18There will be no further notice, beyond an amended notice intended to cure the specific potential defect discussed at paragraphs 3, 4, 9 and 10 of the above decision. The Tribunal will direct the Region to serve the amended notice in advance of any future hearing event and will provide contact details for the interested individual upon whom the amended notice shall be served by way of separate correspondence through the case coordinator; and
19This Member is not seized, but may be available for case management should the Tribunal’s schedule permit.
“S. Braun”
S. Braun
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.