Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 17, 2023
CASE NO(S).: OLT-23-000445
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Holland Hope General Partners Inc.
Subject: Failure of Approval Authority to make a decision respecting a Proposed Official Plan Amendment
Reference Number: OPA.22.01
Property Address: Various Addresses (19349, 19357, 19365 and 19399 Yonge St.)
Municipality/UT: East Gwillimbury/York
OLT Case No.: OLT-23-000445
OLT Lead Case No.: OLT-23-000445
OLT Case Name: Holland Hope General Partners Inc. v East Gwillimbury
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Reference Number: ZBA.22.02
Property Address: Various Addresses (19349, 19357, 19365 and 19399 Yonge St.)
Municipality/UT: East Gwillimbury/York
OLT Case No.: OLT-23-000446
OLT Lead Case No.: OLT-23-000445
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Subject: Site Plan
Reference Number: 19T-22001, SPA.22.08
Property Address: Various Addresses (19349, 19357, 19365 and 19399 Yonge St.)
Municipality/UT: East Gwillimbury/York
OLT Case No.: OLT-23-000447
OLT Lead Case No.: OLT-23-000445
Heard: August 11, 2023 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Holland Hope General Partners Inc. | P. DeMelo |
| Town of East Gwillimbury | L. Dean |
MEMORANDUM OF ORAL DECISION DELIVERED BY STEVEN T. MASTORAS ON AUGUST 11, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The matter is before the Tribunal as the first Case Management Conference (“CMC) consisting of appeals pursuant to s.34(11), s.22(7) and 41(12) of the Planning Act (“Act”) including a Zoning By-law Amendment (“ZBA”), an Official Plan Amendment (“OPA”) and a Site Plan Application (“SPA”) (collectively the “Appeals”), in the Town of East Gwillimbury (“Town”), and the Regional Municipality of York (“Region”). The addresses referenced in the Appeals are 19349, 19357, 19365 and 19399 Yonge Street (collectively the “Subject Lands”).
2The owner, Holland Hope General Partners Inc. (“Appellant”), is seeking planning permission that will facilitate the development of ninety-seven (97) residential units with a ground floor commercial component (within the corner building). The proposed residential dwelling units will be facilitated via the construction of four (4)-storey townhouse dwellings in six (6) development blocks on the subject property.
3The Affidavit of Service for the hearing dated July 21, 2023, by Fredric N. Cheng confirms the notice was properly circulated and is marked as Exhibit 1.
PARTY AND PARTICIPANT STATUS REQUESTS
4A written Party Status Request form was submitted by Karen Brown to the Tribunal on July 14, 2023, without a copy sent to Counsel for either Party to this matter. The Tribunal facilitated the circulation of this request at the hearing confirmed by the Case Coordinator on the same day. Neither Ms. Brown nor anyone on her behalf attended the hearing at any point during consideration of this request throughout the duration of the CMC. Therefore, the Tribunal denies the Party Status Request, noting that Rule 8 of the Tribunal’s Rules of Practice and Procedure describes in detail the importance of the role and obligations of a Party to any matter and the conditions and potential financial exposure of such a role (see Rule 8.1, a. to g.).
5A written Participant Status Request from Anne Page was received on the day of this CMC outlining concerns in relation to the Appeal, including but not limited to, vehicular traffic, pedestrian and cycling safety, and various services. Ms. Page was present at the hearing. The electronic version of this written request was not entirely legible, however Parties can request a complete copy from the Case Coordinator. There were no objections to this Status Request and the Tribunal conferred Participant Status to Anne Page at the hearing.
6A second written Participant Status Request from Cynthia MacKenzie was received by the Tribunal on August 1, 2023 outlining the following concerns, but not limited to, the Official Plan, commercial floor space reduction and traffic/parking issues. Ms. MacKenzie did not attend the hearing and was not initially granted Participant Status. However, after further consultation with Counsel for both Parties, and in the absence of any objection to this request, the Tribunal has decided to confer Participant Status to Cynthia MacKenzie.
HEARING, PROCEDURAL ORDER AND ISSUES LIST
7The Parties agreed to establish a final Procedural Order and Issues List (“PO/IL”) on or before October 6, 2023, allowing time for Counsel to the Town to scope the issues further and time to dialogue with Counsel to the Appellant, following a scheduled Town Council meeting in early September 2023.
8The Parties also agreed that they are attempting to avoid a second CMC, respectful of the Tribunal’s time. This should allow for greater clarity and consensus regarding the final PO/IL and may also be followed with a request for the scheduling of a hearing date, to be guided by the PO/IL timelines, scoped issues, and witnesses required for such a hearing.
9Parties further acknowledge that Tribunal led mediation is available to assist in the narrowing of issues and the possibility of settlement discussions by way of contacting the Case Coordinator if mutually agreeable.
ORDER
10THE TRIBUNAL ORDERS that:
The request for Party Status from Karen Brown is denied;
Participant Status is conferred to Anne Page; and
Participant Status is conferred to Cynthia MacKenzie
THE TRIBUNAL FURTHER ORDERS that Parties shall file a final Procedural Order and Issues List with the Tribunal on or before October 6, 2023 at which time the Case Coordinator will also be updated on the status of the request for a merit hearing.
11The Tribunal is available if the need should arise for a Telephone Conference Call which may assist the Parties in facilitating progress with the matter.
“Steven T. Mastoras”
STEVEN. T. MASTORAS
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.