Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: July 18, 2023

CASE NO(S).: OLT-23-000092

PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Mattamy (Eglinton) Limited Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision Description: To permit a mixed-use development with residential blocks, park block, road widening blocks, and lands for public streets Reference Number: 20 224768 ESC 20 SB Property Address: 1891 Eglinton Avenue East Municipality/UT: City of Toronto OLT Case No.: OLT-23-000082 OLT Lead Case No.: OLT-23-000082 OLT Case Name: Mattamy (Eglinton) Limited v. Toronto (City)

Heard: June 28, 2023 by Video Hearing

APPEARANCES:

Parties

Counsel

Mattamy (Eglinton) Limited

A. Jeanrie

City of Toronto

N. Muscat D. Elmadany(in absentia) A. Hill (in absentia)

Canadian Tire Real Estate Limited

J. Evola S. Leisk (in absentia) C. Gibson (in absentia)

IPEX Inc.

A. Frank J. Park (in absentia)

Metro Ontario Real Estate Ltd

C. Harris

MEMORANDUM OF ORAL DECISION DELIVERED BY BRYAN W. TUCKEY ON JUNE 28, 2023 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1The Tribunal convened the first Case Management Conference (“CMC”) for the above noted matter. Mattamy (Eglinton) Limited (“Appellant”) has filed an appeal against the City’s failure to make a decision for a Plan of Subdivision (“POS”) pursuant to s.51(34) of the Planning Act. The property is known municipally as 1891 Eglinton Avenue East (“subject property”).

2The Appellant intends to redevelop a portion the subject lands with a mixed-use development consisting or four mixed-use tall buildings with heights that range from 33 to 48 storeys, a 10-storey residential mid-rise building, approximately 2,823 square metres of public open space, and new streets. The subject lands are located within the boundaries of the draft Golden Mile Secondary Plan.

3The Tribunal is in receipt of three registered requests for Party status as follows: Canadian Tire Real Estate Ltd., IPEX Inc., and Metro Ontario Real Estate Ltd. Counsel representing the three entities requesting Party status provided oral submissions on how their clients meet the Legislative requirements to be granted Party status in this matter. Special note is made of Rule 8.2 – Power of Tribunal to Add or Substitute Parties, found in the Ontario Land Tribunal Rules of Practice and Procedure.

4Counsel noted each entity is a Party to other related Tribunal files (Official Plan Amendment [“OPA”] and Zoning By-law Amendment [“ZBA”], Tribunal Lead File No. OLT-22-001974) with respect to the proposed development of the subject property. They also have been active participants in discussions with the City in an effort to understand and scope their client’s interest in the proposed development. The Tribunal is advised that the established landowner group in the Golden Mile area is providing considerable coordination and making efforts to clearly establish the proposed road pattern which is a major component of the proposed POS.

5Neither statutory Party is opposed to the three entities being named as Parties to these proceedings.

6The Tribunal agrees with the submissions of Ms. Evola and Messrs. Frank and Harris that the three Party requests “satisfy any applicable legislative tests to be a party”.

7There are no Participants requesting standing in respect of this matter.

8The Affidavit of Service of Robert Blunt sworn June 7, 2023 is marked as Exhibit 1. No further notice is required.

BACKGROUND

9Mr. Jeanrie, Counsel on behalf of the Appellant, provided an update of the status of this matter for the benefit of the Tribunal. He noted that there has been little to no progress in the review of and comment on the proposed POS by the City. The Appellant is very anxious to “get shovels in the ground” in an effort to build much needed housing in the City, in keeping with Provincial directives. To ensure this happens, it makes good sense and good process to have the POS follow the OPA and ZBA in a separate but somewhat lockstep manner. Mr. Jeanrie made specific note that there is no request to have POS consolidated with OPA and ZBA proceedings at this time.

10Mr. Jeanrie submitted that, by implementing this “go forward” strategy, it could conceivably reduce months, if not years, in facilitating this much needed housing to be ready for occupancy by residents of the City. The Tribunal through a future CMC, and the Parties through continued discussion, will be able to manage the process to the benefit of all involved.

11Mr. Jeanrie noted that his client continues to have good discussions with the City and is committed to continue to work with the City and all Parties to find areas of consensus in an effort to find a settlement or reduce Issues with respect to the proposed POS.

12Mr. Jeanrie requested that the Tribunal schedule a second CMC on this matter, preferably on October 3rd and 4th of 2023, to coincide with a CMC scheduled for the OPA and ZBA. Mr. Muscat, Counsel for the City, noted that it is important that the POS maintain a separate and distinctive scheduling course from other Tribunal matters with respect to the subject property.

13All Parties agreed with this approach.

14The Tribunal is prepared to schedule a second CMC on this matter. The purpose of this CMC is either to provide a status report on the advancement of the POS or to present the Tribunal with a draft Procedural Order should this matter be moving towards a contested hearing.

15The Parties are aware of the availability of Tribunal-led mediation and understand that they may request this mediation at their convenience.

CMC TECHNICAL DETAILS

16A half day CMC will convene by Video Hearing on October 3, 2023 at 1 p.m.

17Parties are asked to log in to 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/996288525

Audio-Only Line: 1-888-455-1389 (Toll Free) or +1 (647) 497-9391

Access Code: 996-288-525

18Parties 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 at: https://app.gotomeeting.com/home.html.

19Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling in to an audio-only telephone line as shown above in paragraph 17.

20Individuals 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.

THE TRIBUNAL ORDERS THAT:

21Canadian Tire Real Estate Limited, IPEX Inc., and Metro Ontario Real Estate Limited are granted Party status.

22A half-day Case Management Conference is scheduled to commence on Tuesday, October 3, 2023 at 1 p.m.

“Brian W. Tuckey”

BRYAN W. TUCKEY

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.