Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 18, 2023
CASE NO(S).: OLT-23-000312
PROCEEDING COMMENCED UNDER subsection 42(10) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Menkes 771 Yonge Inc.
Reference Number: 21-173391
Subject: Determination of value of land
Description: Parks Levy Payment, Building Application #21-173391
Property Address: 771 Yonge Street
Municipality/UT: Toronto
OLT Case No.: OLT-23-000312
OLT Lead Case No.: OLT-23-000312
OLT Case Name: Menkes 771 Yonge Inc. v Toronto (city)
Heard: July 4, 2023 by video hearing
APPEARANCES:
Parties
Counsel
Menkes 771 Yonge Inc.
Kristie Stitt Jason Park (in absentia) Olivia Rasekhi (in absentia)
City of Toronto
Michael Mahoney
MEMORANDUM OF ORAL DECISION DELIVERED BY KURTIS SMITH ON JUly 4, 2023 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”) with respect to an appeal brought by Menkes 771 Yonge Inc. (“Appellant”) pursuant to s. 42(10) of the Planning Act (“Act”) against the decision by the City of Toronto (“City”) to require the payment of cash-in-lieu of parkland dedication in relation to the property at 771 Yonge Street.
2The Appellant paid the foregoing under protest and filed this appeal. The Appellant has the approval to develop a 25-storey condominium on the site and the dispute is solely the valuation of the site which related to the cash-in-lieu amount of $3,837,753.98 for parkland dedication.
3No Party or Participant requests were received by the Tribunal.
4The Parties communicated to the Tribunal that offline discussions regarding settlement resolutions may transpire between the Parties in advance of the merit hearing.
5The Tribunal advised that three days are available for the hearing of merits in respect of this matter. The three (3) day video hearing of the Appeal will commence on Monday, December 11, 2023 at 10:00 a.m., and continue to Wednesday December 13, 2023.
6Parties 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.
7The CMC is scheduled to proceed by video as follows:
https://global.gotomeeting.com/join/709076365
Access Code: 709-076-365
8Persons 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.
9Parties 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
10Individuals 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
11Council for the Appellant undertook to review and resubmit the draft Procedural Order filed in accordance with the Tribunal’s directions no later than July 7, 2023.
12Subsequent to the conclusion of the CMC, the Tribunal received and reviewed a finalized PO and IL from the Parties on consent. The Tribunal finds the PO and IL are acceptable and attaches the PO, including the IL, to this Order as “Attachment 1”. The PO shall govern the proceedings leading up to and including the hearing of the merits.
13It is so ordered.
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.
ATTACHMENT 1