Revenue Properties Company Ltd. and Morguard Investments Limited v. City of Toronto, 2023 CanLII 66870

Ontario Land Tribunal / Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: July 21, 2023

CASE NO(S).: OLT-23-000091

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant/Appellant: Revenue Properties Company Ltd. and Morguard Investments Limited

Subject: Request to amend the Official Plan – Failure to adopt the requested amendment

Description: To establish a Site and Area Specific Policy to guide the future development of the Centrepoint Mall proposed mixed-use development

Reference Number: 21 246686 NNY 18 OZ

Property Address: 6212-6600 Yonge Street

Municipality/UT: Toronto

OLT Case No.: OLT-23-000091

OLT Lead Case No.: OLT-23-000091

OLT Case Name: Revenue Properties Company Ltd v. Toronto (City)

Heard: June 29, 2023 by Video Hearing

APPEARANCES:

Parties	Counsel
Revenue Properties Company Ltd. and Morguard Investments Limited	Johanna Shapira, Eugenia Bashura
City of Toronto	Ray Kallio, Nathan Muscat
Yonge Steeles Landowners Group Inc.	Sarah R. Kagan, Kristie Stitt, Ira Kagan (in absentia)
Toronto Catholic District School Board	Andrew Baker
Development Group (100 SAW) Inc.	Naomi Mares, Tom Halinski (in absentia), Sidonia Tomasella (in absentia)
1306497 Ontario Inc.	Matthew W. Rutledge, Joel Farber (in absentia)
Longevity Properties Limited	Jonathan S. Cheng, Calvin Lantz (in absentia)
W Mandel Developments Limited and Mandross Holdings Inc.	Andrew Valela, Mark Flowers (in absentia)
Augend Investment Ltd.	Andrew Valela, Mark Flowers (in absentia)

MEMORANDUM OF ORAL DECISION DELIVERED BY BITA M. RAJAEE ON JUNE 29, 2023 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This was the first Case Management Conference (“CMC”) before the Tribunal with respect to an appeal under subsection 22(7) of the Planning Act (“SASP Appeal”) by Revenue Properties Company Ltd. and Morguard Investments Limited (“Applicant”) 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 (“OPA”) with respect to lands located at 6212-6600 Yonge Street, in Toronto (“Subject Property”).

2At the CMC, the Tribunal canvassed Counsel who confirmed that there was no issue with the service of the Notice of CMC. The Tribunal is in receipt of the Affidavit of Service of Dion Long, sworn June 8, 2023, which was marked as Exhibit 1. As such, no further notice is required.

PROPOSAL, BACKGROUND, AND NEXT STEPS

3The Subject Property is located in the north-west quadrant of Yonge Street and Steeles Avenue West. It is currently occupied by Centerpoint Mall.

4The purpose of the OPA is to establish a Site and Area Specific Policy (“SASP”) to guide the future development of a proposed development that would contain 18 tall buildings, 4 mid-rise buildings, and 11 townhouse blocks, totaling about 8,235 dwelling units and approximately 635,766 square metres of residential gross floor area, with a density of 4.57 times the area of the lot (“Proposed Development”). A 22,757 square metre City-owned park is proposed in the center of the site. A new street pattern would include a new public street connecting Steeles Avenue and Yonge Street and five new private streets.

5Of importance to this SASP Appeal is that, in July 2022, the City adopted the City-initiated Official Plan Amendment 615 (“OPA 615”) for the area referred to as the Yonge Street North Secondary Plan (“YSNSP”), wherein the Subject Property is located, as well as its surrounding area. OPA 615 has been appealed by a number of Parties and is currently a matter before the Tribunal, namely OLT-22-004346 (“OPA 615 Appeal”). The OPA 615 Appeal has been subject to a number of CMCs to date. As explained at paragraph [4] of the CMC decision issued on February 21, 2023:

“…the adopted YSNSP includes the creation of five character areas to establish a planning framework for a complete community. Different levels of intensification are to occur along the main corridors and around the future location of Transit Stations. One is anticipated at Steeles Avenue. A range of building and housing types is envisioned which includes the re-designation of land to mixed use. OPA 615 includes policies to guide growth and a complete community, including policies related to the area structure, public realm, affordable housing, parks and open spaces, transportation and mobility, community services and facilities, built form, and implementation. A Transportation Master Plan was also completed. This is a network and vision that includes the connectivity of both private and public open spaces throughout the streets, lanes, sidewalks, and public open spaces. It promotes intensification and recognizes the need for stability in Neighbourhoods, given the varying character and history of the area.”

6The Applicant is a Party in the OPA 615 Appeal. At this subject CMC, the Applicant’s Counsel indicated that the YSNSP deals with many of the same issues as the SASP. Due to this overlap, the Applicant intends to seek that this SASP Appeal be consolidated with the OPA 615 Appeal. The OPA 615 Appeal is scheduled for a further CMC to take place on January 9, 2024, and the Applicant intends to seek this consolidation at that CMC.

7As such, it was proposed that, at this first CMC for the SASP Appeal, the Parties be identified and a second CMC be scheduled for some time after the OPA 615 Appeal’s CMC, at which second CMC procedural matters, if any, can be dealt with after the matter of consolidation has been addressed. All Parties agreed with this plan, as did the Tribunal. As such, a second CMC has been scheduled, as detailed below. This second CMC may not be required, depending on how the consolidation matter is determined at the OPA 615 Appeal’s CMC. The Parties are to advise the Tribunal whether the second CMC is required at the earliest that they become aware of this.

PARTY/PARTICIPANT STATUS REQUESTS

8The Tribunal was tasked with adjudicating a number of requests for Status.

9The following requested Party Status:

Yonge Steeles Landowners Group Inc. (“YSLOG”)

YSLOG is comprised of major landowners in the immediate vicinity of the proposed development. It was submitted that the Proposed Development on the Subject Property will impact all of the lands owned by the YSLOG as they are located in its immediate vicinity, and have filed their own development applications. The YSLOG is requesting Party status to ensure the appropriate location of intersections with Steeles Avenue West and to ensure pre-subway population and holding provisions are implemented.

Toronto Catholic District School Board (TCDSB)

TCDSB operates various school sites in proximity to the Subject Property. The YSNSP has identified the need for a future school site in the subject neighbourhood, which could also be impacted by the Proposed Development. As such, the TCDSB seeks Party status in this matter.

Development Group (100 SAW) Inc.

This is the owner of the property at 100 Steeles Avenue West, located north of the Subject Property, and within the Yonge Steeles Corridor Secondary Plan (“YSCSP”) Amendment Area. The YSCSP is currently before the Tribunal (OLT-21-001787), and Development Group (100 SAW) Inc. is a Party in that matter. Moreover, it has submitted an application for an OPA, a Zoning By-law Amendment (“ZBA”), and a Draft Plan of Subdivision for its lands, which are also before the Tribunal and have been ordered to be heard together with a number of adjacent site-specific appeals and the YSCSP appeal. The Tribunal file number for that matter is OLT-22-002358 and the Hearing is scheduled to commence on August 21, 2023. As such, it was submitted that this nearby landowner has an interest in this matter, and intends to participate fully but efficiently in this matter.

1306497 Ontario Inc.

This is the owner of the lands at 88 Steeles Avenue West, located immediately to the north of the Subject Property. It intends to redevelop its property as a high-density mixed-use development and has its own site-specific ZBA and OPA applications, currently before the Tribunal (OLT Case Nos. OLT-22-004499 and OLT-22-004498, respectively). It was submitted that this company has an interest in ensuring that the Proposed Development at the Subject Property does not result in there being insufficient transportation infrastructure and transit capacity to accommodate any redevelopment of its property, or otherwise adversely impact the redevelopment of its property or its on-going appeals.

Longevity Properties Limited (“Longevity”)

This is the owner of the property known as 6979-6991 Yonge Street, in the southeast quadrant of the intersection of Yonge Street and Steeles Avenue. It has submitted a ZBA application to redevelop its land with a 50-Storey mixed-used building. It was submitted that, as a Party in this appeal, Longevity can provide a perspective as a neighbouring landowner, particularly on the Proposed Development’s impact on the immediate and surrounding area, as well as the appropriate development of the lands surrounding the Yonge Street and Steeles Avenue intersection, with a view to matters such as transportation network and connectivity, servicing capacity, built form, and coordination of development with the introduction of higher order transit infrastructure.

W Mandel Developments Limited and Mandross Holdings Inc. (“Mandel/Mandross”)

These are the owners of lands in close proximity to the Subject Property, including 6355 Yonge Street, immediately across Yonge Street from the Subject Property. 6355 Yonge Street is also the subject of OPA and ZBA applications and a Site Plan Approval recently submitted to the City by Osmington Gerofsky Development Corporation to permit a 50-storey mixed-use building. It was submitted that Mandel/Mandross wish to ensure that the Proposed Development on the Subject Property does not compromise what it is seeking to do on its own lands. Additionally, Mandel/Mandross is an Appellant in the OPA 615 Appeal, and has an interest in impacting the planning policy framework that will guide future redevelopment in this area.

Augend Investment Ltd. (“Augend”)

This is the owner of 6283-6285 Yonge Street, on the east side of Yonge Street, immediately across from the Subject Property. It was submitted that Augend intends to seek permissions for redevelopment of its lands in the future, and wishes to ensure that any future redevelopment on the Subject Property does not compromise the potential for redevelopment on the east side of Yonge Street. Moreover, Augend is an Appellant in the OPA 615 Appeal, and has an interest in impacting the planning policy framework that will guide future redevelopment in this area.

10After hearing the submissions of each potential Party, and with no objection from the other Parties, the Tribunal concluded that those listed above have an interest in the matter and will assist it in adjudicating the issues effectively. The Tribunal granted Party status to each of those seeking Party status, listed above.

11Prior to the CMC, the Tribunal received a Participant status request from Medi Shams, who indicated that he has lived and worked in the area for 26 years. He raised concerns regarding traffic, urban services, parks, schools, community centers, and the changes that this “mega development will bring to the neighbourhood.” The Parties did not object to this Participant status request. The Tribunal found that Mr. Shams had an interest in the matter and would assist the Tribunal in understanding the potential impacts of the Application on the local community. As such, the Tribunal granted Participant Status to Medi Shams, and informed him of the Tribunal’s Rules regarding his participation in writing.

DRAFT PROCEDURAL ORDER AND ISSUES LIST

12The Parties did not provide a draft Procedural Order (“PO”) and Issues List (“IL”) prior to the CMC, and indicated that it would have been premature to do so prior to the CMC when all Parties had not been identified. The Tribunal agreed.

13The Parties are to provide a draft PO and IL to the Tribunal by January 15, 2024, for consideration at the second CMC. The Applicant undertook to submit the PO and IL to the Case Coordinator on or before January 15, 2024.

MEDIATION AND SETTLEMENT

14The Tribunal raised the issue of opportunities for settlement discussions, including the use of Tribunal-assisted mediation. The Parties had yet to engage in same at this early stage but intended to engage in these discussions as the matter progressed.

15The 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.

SECOND CMC

16As indicated above, a potential consolidation is contemplated between this SASP Appeal and the OPA 615 Appeal, which is to be addressed at an upcoming CMC. Moreover, due to the numerous requests for status, procedural matters could not be addressed further until after this first CMC took place and Parties were identified. As such, a second CMC has been scheduled wherein a PO and IL can be considered and procedural matters can be addressed.

17The Tribunal scheduled a second CMC to take place by video hearing on Monday, January 22, 2024 at 10:00 a.m.

18Parties 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.

19The CMC is scheduled to proceed by video as follows:

https://global.gotomeeting.com/join/687587165

Access Code: 687-587-165

20Persons 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.

21Parties 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

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 having carriage of this case.

ORDER

23THE TRIBUNAL ORDERS as follows:

a. The following are now Parties in this proceeding:

i. Yonge Steeles Landowners Group Inc.

ii. Toronto Catholic District School Board

iii. Development Group (100 SAW) Inc.

iv. 1306497 Ontario Inc.

v. Longevity Properties Limited

vi. W Mandel Developments Limited and Mandross Holdings Inc.

vii. Augend Investment Ltd.

b. Medi Shams is now a Participant in this proceeding.

c. A Second CMC is scheduled to take place virtually on Monday, January 22, 2024, at 10:00 a.m., and one (1) day has been set aside. A draft Procedural Order and Issues List is to be provided to the Tribunal by January 15, 2023.

24There will be no further notice and this Member is not seized.

“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.