Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 15, 2023
CASE NO(S).: OLT-22-002268 (Formerly PL200265)
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Dundeal Canada (GP) Inc.
Subject: Request to amend the Official Plan - Failure of the City of Toronto to adopt the requested amendment
Description: To permit a future mixed-use development, new public streets, and parks
Reference Number.: 18 206702 ESC 37 OZ
Property Address: 2200-2206 Eglinton Ave. E., Et Al
Municipality: City of Toronto
OLT Case No.: OLT-22-002268
Legacy Case No.: PL200265
OLT Lead Case No.: OLT-22-002268
Legacy Lead Case No.: PL200265
OLT Case Name: Dundeal Canada (GP) Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Dundeal Canada (GP) Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a mixed use, 3339 unit development
Reference Number.: 20 154599 ESC 21 OZ
Property Address: 2200-2206 Eglinton Ave. E., Et Al
Municipality: City of Toronto
OLT Case No.: OLT-21-001853
OLT Lead Case No.: OLT-22-002268
Legacy Lead Case No.: PL200265
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Dundeal Canada (GP) Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a mixed use, 3339 unit development
Reference Number.: 21 166739 ESC 21 OZ
Property Address: 2200-2206 Eglinton Ave. E., Et Al
Municipality: City of Toronto
OLT Case No.: OLT-21-001854
OLT Lead Case No.: OLT-22-002268
Legacy Lead Case No.: PL200265
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Dundeal Canada (GP) Inc.
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit a mixed use, 3339 unit development
Reference Number: 20 154640 ESC 21 SB
Property Address: 2200-2206 Eglinton Ave. E., Et Al
Municipality/UT: City of Toronto
OLT Case No.: OLT-22-003791
OLT Lead Case No.: OLT-22-002268
Heard: September 12, 2023, by video hearing
APPEARANCES:
Parties
Counsel
Dundeal Canada (GP) Inc.
Rodney Gill David Bronskill (in absentia)
City of Toronto
Amanda Hill Daniel Elmandany
MEMORANDUM OF ORAL DECISION DELIVERED BY A. MASON AND BRYAN W. TUCKEY ON SEPTEMBER 12, 2023 AND FINAL ORDER OF THE TRIBUNAL
INTRODUCTION
1This Case Management Conference (“CMC”) is the second convened in respect of an appeal filed pursuant to s. 51(34) of the Planning Act, R.S.O. 1990 c. P. 13, as amended (the “Act”) from the failure of the City of Toronto (the “City”) to make a decision within statutory timeframes of the Act with respect to an application for a Draft Plan of Subdivision (“DPS”). The appeal is filed by Dundeal Canada (GP) Inc. (the “Appellant”) for the lands municipally known as 2200 – 2206 Eglinton Avenue East, 1020 – 1030 Birchmount Road, and 75 Thermos Road (the “Subject Lands”).
2The DPS application proposes to redevelop the Subject Lands with a mixed-use development containing multiple buildings on newly created roads, a private open space and public parks.
3Appeals in respect of the Official Plan Amendment and Zoning By-Law Amendments are already finalized before the Tribunal and the appeal of the DPS is the last appeal remaining before the Tribunal.
STATUS UPDATE AND NEXT STEPS
4Mr. Gill provided an updated to the Tribunal that the Parties have developed a plan to move forward with the reduction of issues and to potentially resolve their disputes respecting the DPS application. A further CMC was jointly requested by the Parties to keep settlement and issue scoping discussions active with the goal of either arriving at a full settlement or a more clearly articulated set of issues in advance of a merit hearing.
5The Tribunal scheduled a further CMC on Monday, November 20, 2023, at 10 a.m. by video hearing.
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:
GoTo Meeting: https://global.gotomeeting.com/join/660145013
Access code: 660-145-013
7Parties 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.
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 660-145-013.
9Individuals 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.
10The Parties are aware of Tribunal-led mediation, and they may request such mediation at their convenience.
11In advance of the CMC, the Tribunal was advised by Counsel for 191 Astonbee Investments Inc. that its client was not seeking Party Status in the DPS appeal.
ORDER
12The Tribunal’s orders that a CMC will convene on Monday, November 20, 2023, at 10 a.m. by video hearing.
13Five days in advance of the CMC, the Parties shall provide the Tribunal with an update of their intention for the hearing event in consideration of ongoing discussions. At that time, the Parties shall advise if: (1) a full resolution of the issues has been reached and they intend to convert the CMC to a settlement hearing along with the appropriate filing of affidavit evidence; (2) a partial resolution of the matters has been reached and the parties intend to seek dates for a merit hearing along with providing a draft Procedural Order and Issues List; or (3) the parties continue settlement and scoping discussions and will provide an update on the progress of same.
14No further notice will be given.
15The Tribunal Members are not seized.
“A. Mason”
A. MASON
MEMBER
“Bryan W. Tuckey”
BRYAN W. TUCKEY
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.