Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: January 25, 2023

CASE NO(S).: OLT-22-001933

(Formerly PL190596)

PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: 2130254 Ontario Inc.

Appellant: Amexon Realty Inc.

Appellant: Cadillac Fairview Corporation Limited

Appellant: Fima Development (Queensway and North Queen Street); and others

Subject: Proposed Official Plan Amendment No. OPA 469

Municipality: City of Toronto

OLT Case No.: OLT-22-001933

Legacy Case No.: PL190596

OLT Lead Case No.: OLT-22-001933

Legacy Lead Case No.: PL190596

OLT Case Name: Amexon Realty Inc. v. Toronto (City)

Heard: November 14, 2022 by Video Hearing and January 12, 2023 by Telephone Conference Call

APPEARANCES:

Parties	Counsel
Amexon Realty Inc.	Mary Flynn-Guglietti
Calloway REIT (Etobicoke) Inc. Calloway REIT (Etobicoke-Index) Inc.	Matthew Lakatos-Hayward David Bronskill (In Absentia)
CF Sherway Tru Rec Inc. (formerly Fairfax Financial Holdings Limited/Toys “R” Us)	Roslyn Houser Max Laskin Matthew Lakatos-Hayward
Cadillac Fairview Corporation Limited	John A.R. Dawson Matthew Schuman Cynthia MacDougall (In Absentia) Brendan Smith (In Absentia)
FIMA Development	Barry Horosko
Home Depot of Canada Inc.	David Tang Jesse White
2130254 Ontario Inc.	Mark Flowers
City of Toronto	Daniel Elmadany Laura K. Bisset

MEMORANDUM OF ORAL DECISION DELIVERED BY BITA M. RAJAEE ON NOVEMBER 14, 2022, AND JANUARY 12, 2023, AND ORDER OF THE TRIBUNAL

INTRODUCTION

1The third Case Management Conference for these appeals was held by way of video hearing on November 14, 2022 (“Third CMC”). Subsequently, due to matters that needed to be clarified with respect to the Procedural Order, a Telephone Conference Call was held on January 12, 2023 (“TCC”).

2The Third CMC and the TCC related to appeals under subsection 17(24) of the Planning Act against the City of Toronto’s (“City”) adoption of Official Plan Amendment Number 469 (“OPA 469”), the Sherway Area Secondary Plan, through By-law No. 1535-2019, with respect to lands bounded by Highway 427, the Queen Elizabeth Way (“QEW”), the Canadian Pacific Rail line and the Etobicoke Creek ravine. The purpose of OPA 469 is to bring forward the Sherway Area Secondary Plan, which contains a series of policies that reflect the outcomes of a comprehensive planning study for the lands in the Sherway Area of Etobicoke. Four existing Site Area Specific Policies (“SASPs”) applicable to the area are proposed to be deleted under the plan. The appeals (“Sherway Gardens Appeals”) before the Tribunal are by some entities and property owners that are affected by the plan, namely:

a. Amexon Realty Inc., the owner of the lands known municipally as 701-703 Evans Road in the City (“Appellant One”);

b. Calloway REIT (Etobicoke) Inc. / Calloway REIT (Etobicoke-Index) Inc., the owners of lands known municipally as 165-179 North Queen St. and 98 Index Road in the City (“Appellant Two”);

c. CF Sherway Tru Rec Inc., formerly 2637092 Ontario Inc./Fairfax Financial Holdings Limited/Toys “R” Us, which will be discussed in further detail below, the owners of lands known municipally as 690 Evans Avenue (“Appellant Three”);

d. Cadillac Fairview Corporation Limited, the owner of lands known municipally as 25 The West Mall in the City (“Appellant Four”);

e. FIMA Development, the owner of lands known municipally as 200 Sherway Drive (“Appellant Five”);

f. FIMA Development, the owner of lands known municipally as 1750-1900 The Queensway and 290-300 North Queen St. (“Appellant Six”);

g. The Home Depot of Canada Inc., the owner of lands known municipally as 193 North Queen Street in the City (“Appellant Seven”); and,

h. 2130254 Ontario Inc., the owner of lands known municipally as 51 Manstor Road in the City (“Appellant Eight”).

3Appellant Five, Appellant Six, and Appellant Seven have settled their appeals with the City. Appellant One and Appellant Eight have adjourned their appeals, sine die, due to reasons that relate to other appeals currently with the Tribunal. These five appellants intend to remain included in these proceedings in order to stay apprised of any potential modifications to OPA 469 which may impact them.

4At the second CMC on July 29, 2022 (“Second CMC”), a seven (7) week hearing was scheduled to take place from October 30, 2023, to December 15, 2023 to address the remaining appeals, namely those of Appellants Two, Three, and Four.

REQUESTS FOR STATUS

5At the Third CMC as well as the TCC, the Tribunal received no requests for status (Party or Participant). Accordingly, the appeal will proceed with the involvement and participation of only the Parties identified above.

SUBSTITUTION OF A PARTY

6On January 9, 2023, Appellant Three advised the Tribunal that 2637092 Ontario Inc. had sold the property at 690 Evans Avenue, which had been managed on its behalf by Fairfax Financial Holdings Limited/Toys “R” Us. The new owner of that property is now CF Sherway Tru Rec Inc., who intends to carry forward in these proceedings.

7At the TCC, subsequent to hearing the submissions of counsel, and with no objections from the other Parties, the Tribunal substituted 2637092 Ontario Inc. with CF Sherway Tru Rec Inc., pursuant to Rule 8.2 of the Ontario Land Tribunal’s Rules of Practice and Procedure (“Rules”).

MEDIATION AND SETTLEMENT

8The Tribunal raised the prospect of opportunities for settlement, including the use of Tribunal-assisted mediation. The Parties confirmed that they have undertaken mediation, which resulted in the settlement of some of the appeals and the partial settlement of some of the issues. Counsel informed the Tribunal that Parties remain interested in pursuing a potential settlement in the future.

9The Parties are directed to advise the Tribunal in writing should they reach a settlement with respect to some or all of the issues prior to the hearing and, should they wish to pursue Tribunal-assisted mediation, they may make a written request to the Tribunal through the Case Coordinator for those services.

PROCEDURAL ORDER/ISSUES LIST

10The main purpose of the Third CMC and the TCC was to finalize the Procedural Order (“PO”) and Issues List (“IL”). The Parties produced a draft PO and IL prior to the Third CMC, which was reviewed.

11With respect to the draft PO, the Parties had a slight disagreement with respect to the timing by which proposed modifications to OPA 469 were to be provided to each other. This is what necessitated the TCC. On December 20, 2022, two separate options of timelines were provided to the Tribunal for review (“December 20 Draft PO”). These two options were discussed at the TCC. After hearing the submission of the Parties, the Tribunal made a determination regarding which timeline would most appropriately address the various issues raised with respect to the timelines. Moreover, the dates were further revised at the TCC, as a result of discussion amongst the Parties, to accommodate the concerns raised at the Third CMC and the TCC.

12In short, the Tribunal determined that some of the dates listed in Attachment 1 of the December 20 Draft PO, specifically the dates ranging from June 19, 2023 up to and inclusive of August 11, 2023 would be moved forward by seven (7) days, and the dates from August 25, 2023 to October 30, 2023 would remain the same as listed in Attachment 1 of the December 20 Draft PO.

13The City undertook to revise and resubmit the PO in accordance with the agreements made amongst the Parties and the direction given by the Tribunal at the TCC.

14With respect to the IL, a draft IL was produced prior to the Third CMC, which contained a list of issues pertaining to Appellant Two and Appellant Three. As indicated at paragraph three [3] of this Decision, Appellants One, Five, Six, Seven, and Eight do not plan, at this time, on calling evidence at the hearing.

15No issues were identified on the IL for Appellant Four. There is currently a disagreement between the City and Appellant Four pertaining to the scope of Appellant Four’s appeal. At the Third CMC, the Tribunal was asked to schedule a motion to address this matter. As such, a motion (“Motion Regarding Issues”) has now been scheduled to address:

a. The scope of Appellant Four’s appeal; and

b. The issues to be addressed as related to the scope of Appellant Four’s appeal.

16The City has submitted the updated PO and IL (indicating the issues for Appellant Two and Three), which is now attached as Schedule A to this Order. The IL for Appellant Four will be determined at or after the Motion Regarding Issues.

MOTION DATE

17In addition to the Motion Regarding Issues, the Parties advised that a potential motion for consolidation was also contemplated. Appellant Four has a separate appeal with the Tribunal, identified as case No. OLT-22-002175, under subsections 22(7) of the Planning Act, from the failure of the City of Toronto (“City”) to make a decision within the statutory timeframes on an application for an Official Plan Amendment (“Appellant Four’s Site-Specific OPA Appeal”) with respect to its property at 25 The West Mall. At the Third CMC, Appellant Four stated that its Site-Specific OPA Appeal and its Sherway Gardens Appeal are intimately related and should be consolidated in accordance with Rule 16 of the Rules. The City opposed this request. As such, the Tribunal was asked to schedule a motion to address the potential consolidation of these two appeals, namely OLT files 22-002175 and 22-001933 (“Consolidation Motion”).

18Due to the nature of the Consolidation Motion and the Motion Regarding Issues, the Tribunal determined, on advice from the Parties, that three (3) days would be required. The two motions are scheduled to take place, by way of video conference, commencing on Wednesday, February 22, 2023, and three (3) days have been set aside. No further notice will be given.

19On Wednesday, February 22, 2023, at 10 a.m., Parties 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:

GoTo Meeting: https://meet.goto.com/558205565

Access code: 558-205-565

20Parties 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://apps.gotomeeting.com/home.html

21Persons 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 558-205-565.

22Individuals 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 with carriage of this case.

OTHER MATTERS

23There was some discussion regarding whether a fourth CMC may be required. It is not clear whether one is needed, especially in light of the motions that have been scheduled, which may address certain procedural aspects of the proceedings. However, should a fourth CMC be required, the Parties are directed to make a written request to the Tribunal through the Case Coordinator.

24The 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

25The Tribunal Orders that:

a. CF Sherway Tru Rec Inc. has replaced 2637092 Ontario Inc./Fairfax Financial Holdings Limited/Toys “R” Us, pursuant to Rule 8.2 of the Ontario Land Tribunal’s Rules of Practice and Procedure.

b. A motion hearing is scheduled to take place virtually on Wednesday, February 22, 2023, at 10 a.m., and three (3) days have been set aside. There will be no further notice.

c. The Procedural Order and Issues List attached as Schedule A to this Decision shall govern the proceedings.

26The Member is not seized but may be contacted through the Case Coordinator should procedural issues arise.

“Bita M. Rajaee”

bITA M. rajaee

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.

SCHEDULE A

CASE NO. OLT-22-001933

PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: Amexon Realty Inc.,

Appellant: Calloway REIT (Etobicoke) Inc., and Calloway REIT (Etobicoke-Index) Inc.,

Appellant: 2637092 Ontario Inc., Appellant: Cadillac Fairview Corporation Limited Appellant: FIMA Development (200 Sherway Drive) Appellant: FIMA Development (1750 The Queensway)

Appellant: Home Depot of Canada Inc.,

Appellant: 2130254 Ontario Inc.,

Appellant: Queens Walk Inc.,

Subject: Proposed Official Plan Amendment No. 469, Sherway Area Secondary Plan

Municipality: City of Toronto

OLT Legacy Case No.: PL190596

OLT File No.: PL190596

OLT Case No.: OLT-22-001933

OLT File No.: OLT-22-001933

OLT Case Name: Amexon Realty Inc., v. Toronto (City)

PROCEDURAL ORDER

1. The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the Parties’ request or its own motion.

Organization of the Hearing

2. The hearing will begin on October 30, 2023 at 10:00 a.m. by Video Conference.

3. The length of the electronic hearing will be about 7 weeks (forty-six (46) days), excluding holidays. The Parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues, where possible. The procedural order deadlines are generally found in Attachment 1.

4. The Parties and Participants identified at the prehearing conference are listed in Attachment 2 to this Order.

5. The Issues are set out in the Issues List attached as Attachment 3. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.

7. Any person intending to participate in the hearing shall provide a mailing address, email address and a telephone number to the Tribunal. Any such person who retains a representative must advise the other Parties and the Tribunal of the representative’s name, address, email address and the phone number.

8. If the hearing is to proceed electronically, any person who intends to participate in the hearing, including Parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website ([https://olt.gov.on.ca/tribunals/lpat/](https://olt.gov.on.ca/tribunals/lpat/)).

Requirements Before the Hearing

9. A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal, and the other Parties a list of the witnesses, curriculum vitae, and the order in which they will likely be called. This list must be delivered on or before July 11, 2023, [111 days before first day of the hearing]. For expert witnesses, a party is to include the area of expertise in which the witness is proposed to be qualified. Any challenges to the qualifications of a witness to give opinion evidence in the area of expertise proposed should be made by motion in accordance with the Tribunal’s Rules and notice of same must be served on the other Parties on or before July 26, 2023, [96 days before the hearing is scheduled to commence]. For the purposes of Paragraph 9 as it relates only to Appeal 1, Appeal 5, Appeal 6 and Appeal 7 (the "Specified Appellants"), if one or more of these Specified Appellants intends to participate in the hearing, the following may apply in response to any modifications to OPA 469 received from the remaining Appellants in accordance with Paragraph 20 of this Procedural Order:

a. Each of the Specified Appellants shall, if they intend to call a witness, whether by summons or not, provide to the Tribunal and the other Parties a list which identifies the area of expertise of each witness to be called on or before July 11, 2023, [111 days before first day of the hearing];

b. Each of the Specified Appellants shall, if they filed the list in accordance with Paragraph 9.a. above, provide the Tribunal and the other Parties, the updated list with the witness’s name, associated area of expertise consistent with the list in Paragraph 9.a. above, curriculum vitae, and the order in which they will likely be called on or before July 26, 2023, [96 days before first day of the hearing];

c. if any Specified Appellant provides the updated list in accordance with Paragraph 9.b. above, any challenges to the qualifications of a witness to give opinion evidence in the area of expertise proposed should be made by motion in accordance with the Tribunal’s Rules and notice of same must be served on the other Parties on or before August 15, 2023), [76 days before the hearing is scheduled to commence].

10. Expert witnesses in the same discipline(s) shall have at least one meeting before the hearing to try to resolve or reduce the issues for the hearing. The experts shall prepare a list of any agreed facts and the remaining issues to be addressed at the hearing, and provide this list to all of the Parties and the Tribunal at least 7 days prior to date for Expert Witness Statements as stated in Section 14 (on or before August 18, 2023), if this meeting takes place and if agreement is reached.

11. An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in Section 16. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony. For greater certainty, each expert witness statement must comply with the minimum content requirements specified in Rule 7 of the Tribunal’s Rules of Practice and Procedure. If the expert witness has prepared any report(s) that he/she intends to rely on at the hearing, and which did not form part of the submissions made to the City, such report(s) shall be provided to the other Parties at the same time as the delivery of expert witness statements, as in Section 14. If this is not done, the Tribunal may refuse to hear the expert’s testimony.

12. Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s evidence as in Section 14 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in Section 14 below.

13. A witness or participant must provide to the Tribunal and the Parties a witness statement or participant statement, respectively, on or before August 25, 2023 (66 calendar days prior to the scheduled commencement of the hearing) or the witness may not give oral evidence at the hearing. Participants are only permitted to provide written evidence to the Tribunal, unless otherwise permitted by the Tribunal.

14. On or before August 25, 2023 (sixty-six (66) calendar days prior to the scheduled commencement of the hearing), the Parties shall provide copies of their witness statements and expert witness statements (full disclosure including reports) to the other Parties and to the Tribunal, including an executed Acknowledgement of Expert’s Duty.

16. On or before September 29, 2023 (thirty-one (31) calendar days prior to the scheduled commencement of the hearing), the Parties may provide to all other Parties and file with the Tribunal a written response to any written evidence.

17. On or before September 29, 2023 (thirty-one (31) calendar days prior to the scheduled commencement of the hearing), the Parties shall provide copies of their visual evidence to all of the other Parties and the Tribunal. The Tribunal and all Parties shall be notified if a model will be used, in which case all Parties must have a reasonable opportunity to view it before the scheduled commencement of the hearing.

18. A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal (see Rule 10 of the Tribunal’s Rules, which requires that the moving party provide copies of the motion to all other Parties at least 15 days before the Tribunal hears the motion).

19. A party who provides written evidence of a witness to the other Parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.

21. On or before September 29, 2023, (thirty-one (31) days before the hearing is scheduled to commence), the Parties shall prepare and file a detailed Work Plan that identifies the following, at a minimum: the identified Parties participating in the Hearing Event, preliminary matters (if any to be addressed), the date a witness is intended to attend the Tribunal, the identified witness name/expertise, and the approximate time allotted for Examination in Chief, Cross Examination and any re-examination (if any) (the “Work Plan”). The Work Plan will be adhered to guide the Hearing Event to the best ability of all the Parties, and any and all witnesses shall be available on the identified date(s), unless otherwise directed by the Tribunal. The Tribunal may, at its discretion, change or alter the Work Plan throughout the Hearing Event.

22. The Parties shall prepare a Joint Document Book on or before October 10, 2023, (twenty (20) days before the hearing is scheduled to commence), and which one (1) hard copy will be filed with the Tribunal as soon as practicable in advance of the Hearing. All parties must be served with the Joint Document Book in paper or an accessible electronic format in accordance with Section 23.

24. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.

26. This Procedural Order relates to the remaining general appeals of Official Plan Amendment No. 469 by SmartCentres REIT (Appeal 2), CF Sherway Tru Rec Inc. (Appeal 3), and Cadillac Fairview Corporation Limited (Appeal 4) and does not relate to the adjourned appeals of Amexon Realty Inc., (Appeal 1) and 2130254 Ontario Inc., (Appeal 8).

This Member is [not] seized.

So orders the Tribunal.

ATTACHMENT 1

SUMMARY OF DATES

DATE	EVENT
June 26, 2023 (126 days prior to hearing)	Provision of Modification(s) of under appeal portions of Official Plan Amendment No. 469, if any, to the City and Parties
July 11, 2023 (111 days prior to hearing)	Exchange of witness lists (names, disciplines and order to be called) Exchange of expertise witness list (disciplines) only for Appeals 1, 5, 6 and 7
July 26, 2023 (96 days before the first day of the hearing)	Exchange of updated witness lists (names, disciplines (based on prior list) and order to be called) only for Appeals 1, 5, 6 and 7
July 28, 2023 (94 days prior to hearing)	Last date to challenge identification of expert witness
August 15, 2023 (76 days prior to hearing)	Last date to challenge identification of expert witness for witness lists filed by Appeal 1, 5, 6 and 7
August 18, 2023 (73 days prior to hearing)	Experts meeting prior to this date
August 18, 2023 (73 days prior to hearing)	Agreed Statement of Facts
August 25, 2023 (66 days prior to hearing)	Exchange of Witness Statements, summoned witness outlines, Expert Reports and Participant Statements
September 20, 2023 (40 days prior to hearing)	Parties to Advise Tribunal if any hearing dates are to be released from the hearing calendar (if any)
September 29, 2023 (31 days prior to hearing)	Exchange of Reply Witness Statements (if any)
September 29, 2023 (31 days prior to hearing)	Exchange of visual evidence (if any)
September 29, 2023 (31 days prior to hearing)	Final Work Plan filed with the Tribunal
October 10, 2023 (20 days prior to hearing)	Finalize Joint Document Book
October 30, 2023	Hearing commences

ATTACHMENT 2

LIST OF PARTIES AND PARTICIPANTS

PARTIES:

1. City of Toronto

City Solicitor’s Office

26th Floor, Metro Hall

55 John Street

Toronto, Ontario M5V 3C6

Laura K. Bisset

Tel: 416.338.5790

Email: Laura.Bisset@toronto.ca

Daniel Elmadany

Tel: 416.397.5709

Email: daniel.elmadany@toronto.ca

2. (Appeal 1) Amexon Realty Inc., (701-703 Evans Road)

McMillan LLP

Brookfield Place

181 Bay Street, Suite 4400

Toronto, ON, M5J 2T3

Mary Flynn-Guglietti

Tel: 416.865.7256

Email: [mary.flynn@mcmillan.ca](mailto:mary.flynn@mcmillan.ca)

3. (Appeal 2) SmartCentres REIT (165-179 North Queen St & 98 Index Rd)

Bay Adelaide Centre - West Tower 333 Bay Street, Suite 3400 Toronto, ON M5H 2S7

David Bronskill

Tel: 416.597.4299

Email: dbronskill@goodmans.ca

Matthew Lakatos-Hayward

Tel: 416.849.6906

mlakatoshayward@goodmans.ca

4. (Appeal 3) CF Sherway Tru Rec Inc., (690 Evans Avenue)

Bay Adelaide Centre - West Tower 333 Bay Street, Suite 3400 Toronto, ON M5H 2S7

Roslyn Houser

Tel: 416.597.4119

Email: rhouser@goodmans.ca

Max Laskin

Tel: 416.849.6938

Email: mlaskin@goodmans.ca

Matthew Lakatos-Hayward

Tel: 416.849.6906

Email: mlakatoshayward@goodmans.ca

5. (Appeal 4) Cadillac Fairview Corporation Limited (25 The West Mall)

McCarthy Tetrault LLP

PO Box 48, Suite 5300

TD Bank Tower, 66 Wellington Street West

Toronto, ON M5K 1E6

John A. R. Dawson

Tel: 416.601.8300

Email: jdawson@mccarthy.ca

Cynthia A. MacDougall

Tel: 416.601.7634

Email: cmacdoug@mccarthy.ca

Brendan Smith

Tel: 416.601.8356

Email: brsmith@mccarthy.ca

Matthew Schuman

Tel: 416.601.4319

Email: mschuman@mccarthy.ca

6. (Appeal 5) FIMA Development (200 Sherway Drive); (Appeal 6) FIMA Development (1750-1900 The Queensway & 290-300 North Queen St)

Horosko Planning Law

300 North Queen Street, Suite 101

Toronto, ON M9C 5K4

Barry Horosko

Tel: 416.551.8534

Email: bhorosko@horoskoplanninglaw.com

7. (Appeal 7) The Home Depot of Canada Inc., (193 North Queen Street)

Miller Thomson LLP

Scotia Plaza

40 King Street West, Suite 5800

Toronto, ON M5H 3S1

David Tang

Tel: 416.597.6047

Email: dtang@millerthomson.com

Jesse White

Tel: 416.597.4371

Email: tjwhite@millerthomson.com

8. (Appeal 8) 2130254 Ontario Inc., (51 Manstor Road)

Davies Howe LLP

425 Adelaide Street West, 10th Floor

Toronto, ON M5V 3C1

Mark Flowers

Tel: 416.263.4513

Email: markf@davieshowe.com

ATTACHMENT 3

ISSUES LIST

NOTE: The identification of an issue on the Issues List is intended to provide notice to all parties that a party will lead evidence and/or argument on the matter. This identification does not serve as an acknowledgment of relevancy or jurisdiction of the Tribunal on such matters; merely notice that a party may seek to establish the issue’s relevancy. The identification of a change to the Issues List does not constitute an admission by the opposing party that the revised issue is relevant, it is only an indication that the identifying party will seek to demonstrate the relevance of the revised issue to the matters before the Tribunal.

A. (Appeal 2) SmartCentres REIT (165-179 North Queen St & 98 Index Rd)

Does the Policies appealed by SmartCentres in the Sherway Area Secondary Plan have regard for matters of provincial interest Section 2 of the Planning Act, in particular subsections: (j), (k), (l), (n), (p), (q) and (r)?
Is the Policies appealed by SmartCentres in the Sherway Area Secondary Plan consistent with the Provincial Policy Statement (2020), in particular, Policies 1.1.1(a) and 1.1.3.5,?
Does the Policies appealed by SmartCentres in the Sherway Area Secondary Plan conform to the Growth Plan for the Greater Golden Horseshoe 2019, in particular, Policies 2.2.1.3(c) and 2.2.1.4(a)?
Should Policy 4.9 be amended to delete references to a uniform percentage of landscaped open space that is to be provided in addition to parkland?
Does Policy 4.9 have appropriate regard for the amount of land the City can require to be maintained as open space under the Planning Act?
What amendments to Policy 4.6.5 are necessary to avoid constraining the potential configuration of precincts and development blocks in the Precinct, given the approach to shadows in the Official Plan, applicable Urban Design guidelines, and the Secondary Plan area’s context as an area that supports tall buildings?
What is the appropriate land-use designation for the lands owned by SmartCentres REIT in the Secondary Plan Area that are designated Mixed Use Areas on Map 15, Land Use Plan of the Official Plan as prescribed by Policy 5.1, and Map 43-5?

a. Do the Mixed-Use Areas “A”, “B”, and “C” designations have appropriate regard for the direction set out in the City of Toronto Official Plan for the Mixed-Use Areas designation and the objectives for Secondary Plans set out in Policy 5.2.1.2 of the Official Plan to promote intensification and the integration of uses in mixed-use buildings?

b. What amendments to Policies 5.7, 5.9, 5.9A, 5.12, 5.12A, and 5.14 are necessary to ensure that residential and sensitive uses are not inappropriately precluded from the Mixed-Use Areas “B” and “C” designations?

What modifications to the density and development capacity policies in Policy 5.5, 5.10, 5.15, 5.17, 5.18, 6.1 and 6.2 are necessary for the lands owned by Smart Centres and lands in the Queensway Mixed Use Precinct to recognize the emphasis on optimization and intensification of land and the promotion of a diverse mix of uses set out in:

a. provincial policy as contained in Issues 2 and 3 above?

b. City of Toronto Official Plan Sections 2.2, 2.2.3, 3.2.1, and 4.5?

What would be an appropriate allowance above any prescribed density, as set out in Policies 6.1 and 6.2 that would not require an amendment to the Secondary Plan?
What amendments to the proposed performance standard in Policy 7.18 are necessary to ensure that an appropriate approach is adopted for tower separation distances in the Secondary Plan Area?
What amendments to Policies 9.1.4, 9.4.1, 10.11, 10.11.1, and 10.11.2 are necessary to allow for the provision of private streets as part of the street network contemplated in the Secondary Plan for the Queensway Mixed Use Precinct?
Does the Policies appealed by SmartCentres in the Sherway Area Secondary Plan represent good planning and is the Secondary Plan in the public interest?

B. (Appeal 3) CF Sherway Tru Rec Inc., (690 Evans Avenue)

What is the appropriate land use designation for the lands owned by 2637092 Ontario Inc. as shown on Map 43-5?
Is it appropriate to limit the density for the lands owned by 2637092 Ontario Inc. to a maximum gross FSI of 1.5 times coverage?

C. (Appeal 4) Cadillac Fairview Corporation Limited (25 The West Mall)

Note: The issues list of Appellant 4 will be determined on the basis of a ruling of the Tribunal regarding the scope of the Appeal of OPA 469 filed by Cadillac Fairview Corporation Limited.

ATTACHMENT 4

ORDER OF EVIDENCE

City of Toronto
SmartCentres REIT
CF Sherway Tru Rec Inc.
The Cadillac Fairview Corporation Limited
Reply by City of Toronto (if any)