Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 16, 2023
CASE NO(S).: OLT-22-004346
PROCEEDING COMMENCED UNDER section 17(24) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant: 1018429 Ontario Inc. Appellant: 480 Steeles West Limited et al Appellant: 6200 Yonge GP Inc. Appellant: Augend Investment Ltd. and others Subject: Proposed Official Plan Amendment Description: To guide future growth along the Yonge Street corridor in the area bounded by Steeles Avenue, Willowdale Avenue, Cummer and Drewry Avenues, and Lariviere Road Reference Number: OPA 615 Property Address: Area bounded by Steeles Avenue, Willowdale Avenue, Cummer and Drewry Avenues, and Lariviere Road Municipality/UT: Toronto/Toronto OLT Case No: OLT-22-004346 OLT Lead Case No: OLT-22-004346 OLT Case Name: Augend Investment Ltd. v. Toronto (City)
Heard: April 14, 2023 by Video Hearing
APPEARANCES:
| Parties | Counsel/Representative |
|---|---|
| City of Toronto | Ray Kallio Jessica Braun (in absentia) |
| CAPREIT Apartments Inc. | Max Laskin David Bronskill (in absentia) |
| 1018429 Ontario Inc. | Barry Horosko |
| 480 Steeles West Limited, 228 Steeles West Limited, 1163919 Ontario Limited, 1888836 Ontario Limited, and 1211612 Ontario Limited | Alan Heisey (in absentia) |
| Longevity Properties Limited | Jonathan Cheng |
| Sky Property Group Inc. | Jennifer Evola Signe Leisk (in absentia) Christie Gibson (in absentia) |
| Centre Park Holdings Inc. | Max Laskin David Bronskill (in absentia) |
| Ghods Builders Inc. (5959 Yonge Street Limited) | Jason Park Ira Kagan (in absentia) Sarah Kagan |
| Augend Investments Ltd. | Mark Flowers Andrew Valela |
| W Mandel Developments Limited and Mandross Holdings Inc. | Mark Flowers Andrew Valela |
| Connaught Yonge Square Limited and Enderby Developments Limited | Jason Park Olivia Rasekhi |
| 6200 Yonge GP Inc. | Jason Park |
| Delmar Development Corp. (18 – 28 Athabaska Avenue) Delmar Development Corp. (19 Abitibi Avenue) |
Jason Park Jason Park |
| Yonge Steeles Landowners Group Inc. | Jason Park Ira Kagan (in absentia) Sarah Kagan |
| Trolleybus Urban Developments Inc. | Max Laskin David Bronskill (in absentia) |
| Streetside Capital Holdings Inc. | Max Laskin David Bronskill (in absentia) |
| Revenue Properties Company Ltd. and Morguard Investments Ltd. | Dennis Wood Johanna Shapira (in absentia) |
| City of Vaughan | Bruce Engell Effie Lidakis (in absentia) |
| 6150 Yonge G.P. Inc. | Jamie Cole (in absentia) John Dawson (in absentia) Matthew Schuman |
| Yongwood Ltd. | Jamie Cole (in absentia) John Dawson (in absentia) Matthew Schuman |
| 2078004 Ontario Inc. and 24590304 Ontario Ltd. | Jason Park Ira Kagan (in absentia) |
| Amdev Asset Management | Max Laskin David Bronskill (in absentia) |
| Participants | Representative |
|---|---|
| Badi Investments Inc. | Bruno Battista (in absentia) Roger Battista (in absentia) |
| Anne Brooke | Self-Represented |
MEMORANDUM OF ORAL DECISION DELIVERED BY G.A. CROSER AND G.C.P. BISHOP ON APRIL 14, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the second Case Management Conference (“CMC”) regarding several appeals of the Official Plan Amendment 615 (“OPA 615”) that was adopted by the City of Toronto in July 2022.
2The lands impacted by the OPA 615 are referred to as the Yonge Street North Secondary Plan (“YSNSP”). A description of this area can be found in the Tribunal’s decision on the first CMC, heard on January 31, 2023.
PARTY UPDATES
3The Tribunal noted that CentreCourt Properties had withdrawn their appeal of OPA 615.
4The Tribunal acknowledged receipt of a change in representation for CAPREIT Apartments Inc. This corporation will now be represented by Max Laskin and David Bronskill.
5A request for Party status was received from Amdev Asset Management, who recently purchased properties located within the boundaries of the YSNSP. No issues or concerns were raised by counsel present at the CMC. Party status was granted to Amdev Asset Management.
STATUS UPDATE
6Ray Kallio, counsel for the City of Toronto, provided the Tribunal with a brief update on the status of the appeal. The Parties have been in fruitful discussion and the outstanding issues to be resolved are a matter of process and procedure.
7While a draft Procedural order (“PO”) was submitted prior to the CMC, Counsel requested that a further CMC be scheduled in order that the remaining issues be resolved between the Parties. At that CMC a final Issues List and PO will be produced, and the Parties will be prepared to request hearing dates.
CMC DATES
8The Tribunal directs that a third CMC (1 day) will be held by video hearing commencing on Wednesday, May 31, 2023, at 10:00 a.m.
9The hearing is scheduled to proceed by video as follows:
10Parties 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.
11The CMC is scheduled to proceed by video as follows:
https://global.gotomeeting.com/join/709076365
Access Code: 709-076-365
12Persons 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.
13Parties 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
14Individuals 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
15The Tribunal Orders that a draft PO and Issues List be provided to the Tribunal by Wednesday, May 24, 2023.
16The Tribunal Orders that a third CMC will commence by video hearing on Wednesday, May 31, 2023, at 10:00 a.m.
17There will be no further notice.
18The Members are not seized.
“G.A. Croser”
G.A. CROSER
MEMBER
“G.C.P. Bishop”
G.C.P. BISHOP
ALTERNATE CHAIR
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.