Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 26, 2023
CASE NO(S).: OLT-22-004498
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 1306497 Ontario Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit a transit-oriented development which includes residential towers, as well as amenity, retail and office space
Reference Number: OP.21.021
Property Address: 88 Steeles Avenue West
Municipality/UT: Vaughan/York
OLT Case No.: OLT-22-004498
OLT Lead Case No.: OLT-22-004498
OLT Case Name: 1306497 Ontario Inc. v. Vaughan (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 1306497 Ontario Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a transit-oriented development which includes residential towers, as well as amenity, retail and office space
Reference Number: Z.21.043
Property Address: 88 Steeles Avenue West
Municipality/UT: Vaughan/York
OLT Case No.: OLT-22-004499
OLT Lead Case No.: OLT-22-004498
Heard: June 13, 2023
APPEARANCES:
Parties
Counsel
1306497 Ontario Inc. (“Applicant”)
Joel Farber
Matthew Rutledge
City of Vaughan
Gurnick Perhar
Armine Hassakourians
Regional Municipality of York
Bola Ogunmefun
City of Markham
Andrew Biggart
Yonge Steeles Landowners Group Inc.
Ira T. Kagan
Sarah Kagan (in absentia)
Jason Park (in absentia)
Development Group (100 SAW) Inc.
Naomi Mares
Tom Halinski (in absentia)
Sidonia Tomasella (in absentia)
Mizrahi Constantine (180 SAW) Inc.
Quinto Annibale
Brendan Ruddick
72 Steeles Holdings Limited and 7040 Yonge Holdings Limited
Christopher Barnett
Yonge & Steeles Developments Inc.
Natalie Ast
Daniel Artenosi (in absentia)
Auto Complex Ltd.
Kyle Gossen
Susan Rosenthal (in absentia)
Roman Catholic Episcopal Corporation for the Diocese of Toronto
David Tang
Jessie White
398 Steeles Avenue West Inc.
Associated Vaughan Properties Limited
Mary Flynn-Guglietti
Mary Flynn-Guglietti
MEMORANDUM OF ORAL DECISION DELIVERED BY KURTIS SMITH ON JUNE 13, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Case Management Conference (“CMC”) was the first in these appeals which relate to applications to amend the Official Plan and Zoning Bylaw to permit the proposed development on the lands municipally known as 88 Steeles Avenue in the City of Vaughan, for which no decision was rendered by Council.
2The Tribunal received and marked two Affidavits of Service of the Notice of CMC sworn by Matthew William Rutledge and Ms. Xiang Ying (Sharon) Zhao: Exhibit 1a is the Affidavit of Service of Mr. Rutledge sworn May 4, 2023, as to the service of the Notice of this CMC by email; and Exhibit 1b is the second Affidavit of Service of Ms. Zhao sworn May 4, 2023, as to the service of the Notice of this CMC by regular mail.
STATUS REQUESTS
3Prior to the commencement of the CMC, the Tribunal received nine requests for Party Status and additional Party requests during the CMC from 398 Steeles Avenue West Inc.; and Associated Vaughan Properties Limited brought forward by Ms. Flynn-Guglietti. All requesters are in close proximity to the subject property and/or have an interest in the proceedings. Without objection from the Applicant and City, all requests for Party status were granted to the following:
a. Regional Municipality of York
b. City of Markham
c. Yonge Steeles Landowners Group Inc.
d. Development Group (100 SAW) Inc.
e. Mizrahi Constantine (180 SAW) Inc.
f. 72 Steeles Holdings Limited and 7040 Yonge Holdings Limited
g. Yonge & Steeles Developments Inc.
h. Auto Complex Ltd.
i. Roman Catholic Episcopal Corporation for the Diocese of Toronto
j. 398 Steeles Avenue West Inc.; and
k. Associated Vaughan Properties Limited
4The Tribunal received only one request for Participant status from Mr. Victor Manoharan, who did not attend the CMC and therefore status was not granted.
5During the CMC, the Tribunal heard oral submissions from Mr. Jordan Max, President of the SpringFarm Ratepayers Association (“SFRA”). Mr. Max communicated to the Tribunal that he had submitted the Participant request on June 2, 2023. The SFRA is a registered ratepayers association in the City of Vaughan for the area bounded by Bathurst Street to the west, Steeles Avenue to the south, Yonge Street to the east, and Centre Street to the north. Without objection, the Tribunal granted Participant status to SFRA.
PROCEDURAL ORDER AND ISSUES LIST
6The Tribunal reviewed the draft of the Procedural Order provided by the Applicant for consideration which was drafted prior to the addition of the Parties and therefore there is an absence of a complete Issues List, dates, and as a result, was not in a complete form.
7Counsel for the Applicant, Mr. Farber has committed to consolidating a full and complete Issues List for the issuance of the Procedural Order on consent of all Parties.
8The final draft of the Procedural Order and Issues List, populated with all dates in accordance with the hearing dates provided below, is to be delivered to the Tribunal for final review and approval on or before Tuesday, July 11, 2023.
HEARING DATES
9Mr. Farber advised the Tribunal that the addition of the Parties will not alter the anticipated hearing time of five days to fully address the matter.
10The Tribunal advised that 5 days are available for the hearing of merits in respect of this matter. The five-day video hearing of the Appeal will commence at 10:00 a.m. on Monday April 22, 2024 continuing to Friday April 26, 2024.
11Parties 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.
12The CMC is scheduled to proceed by video as follows:
https://global.gotomeeting.com/join/709076365
Access Code: 709-076-365
13Persons 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.
14Parties 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
15Individuals 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.
16The Panel Member is not seized. The Panel will however receive, review and approve the Procedural Order and Issues List for issuance and may continue to assist with case management to the extent that the Tribunal’s calendar permits.
17No further notice will be given.
18The Tribunal so orders and provides these CMC directives for the purposes of the case management of these appeals.
"Kurtis Smith"
KURTIS SMITH
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.