Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 05, 2023
CASE NO(S).: OLT-22-003552 (Formerly PL160073) OLT-22-003315
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: 3450 Dufferin Yorkdale Holdings Inc.
Appellant: Building Industry and Land Development Association (BILD)
Appellant: C.Y. Vehicle Enterprises Inc.
Appellant: RioCan Management Inc.
Appellant: Oxford Properties Group (Yorkdale Shopping Centre)
Appellant: Dufferin 401 Properties Limited
Appellant: Centura Real Estate Corp. et. al.
Subject: Proposed Official Plan Amendment No. 294
Municipality: City of Toronto
OLT Case No.: OLT-22-003552
Legacy Case No.: PL160073
OLT Lead Case No.: OLT-22-003552
Legacy Lead Case No.: PL160073
OLT Case Name: 3450 Dufferin Yorkdale Holdings Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Oxford Properties Group
Subject: Request to amend the Official Plan – Failure of the City of Toronto to adopt the requested amendment
Existing Designation: Mixed Use Areas
Proposed Designation: Mixed Use Areas
Purpose: To permit a mixed-use redevelopment with new retail, office, hotel, residential and open space uses
Property Address/Description: 3401 Dufferin St. and 1 Yorkdale Road
Municipality: City of Toronto
Approval Authority File No.: 17 168973 NNY 15 OZ
OLT Case No.: OLT-22-003315
OLT Lead Case No.: OLT-22-003315
OLT Case Name: Oxford Properties Group v. Toronto (City)
Heard: September 18, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel
Oxford Properties Group
Mark Flowers
City of Toronto
Lauren Pinder
Laura Bisset
C.Y. Vehicle Enterprises Inc.
John Dawson
MEMORANDUM OF ORAL DECISION DELIVERED BY N. EISAZADEH ON SEPTEMBER 18, 2023 AND ORDER OF THE TRIBUNAL
Link to Order
INTRODUCTION
1This Decision arises from a Settlement Hearing convened on two appeals filed by Oxford Properties Group (“Appellant”). The first is with respect to the City of Toronto’s (“City”) adoption of Official Plan Amendment No. 294 (“OPA 294”), known as the Dufferin Street Secondary Plan (“DSSP”), pursuant to s.17(24) of the Planning Act (“Act”). The second is with respect to a site-specific Official Plan Amendment for the City’s failure to make a decision, pursuant to s.22(7) of the Act (“SS OPA”). Both appeals relate to the property municipally known as 3401 Dufferin Street and 1 Yorkdale Road, in the City (“Subject Lands”).
BACKGROUND
2On December 10, 2015, City Council adopted the DSSP as part of OPA 294 to the City’s Official Plan (“OP”). Several appeals were filed with the Ontario Municipal Board in relation to OPA 294. These appeals continued at the Local Planning Appeal Tribunal, and now with the Ontario Land Tribunal. By an earlier Order, dated November 15, 2019, the Tribunal allowed the appeals, in part, by RioCan Management Inc., 3450 Dufferin Yorkdale Holdings Inc., and Dufferin 401 Properties Ltd. The Order modified and partially approved the majority of OPA 294, without prejudice to the remaining appeals.
3An additional Order of the Tribunal, dated May 12, 2021, allowed the appeals, in part, by Building Industry and Land Development Association (“BILD”), which further modified and approved OPA 294 in accordance with that settlement, and without prejudice to the remaining appeals.
4Under the current appeals before this Tribunal, the Appellant submits, inter alia, that the DSSP area included only a small portion of the westerly edge of the Subject Lands, with no residential permissions. The Appellant appeals OPA 294, asserting that the DSSP area should include the entirety of the Subject Lands, and that the DSSP policies should be modified to provide a comprehensive and appropriate planning framework to permit and guide the long-term mixed-use redevelopment of the Subject Lands. The Appellant also appeals its SS OPA, of which, the application was filed in support of three conceptual block master plan options for the long-term redevelopment of the Subject Lands.
5Following over five years of discussions with City Staff and multiple revisions and resubmissions of the SS OPA application, in March of 2023, the Appellant and City commenced Mediation, from which a successful resolution was reached regarding both appeals of the DSSP and the SS OPA application. What resulted is a set of DSSP policy modifications (“Settlement Modifications”), for which the Appellant, supported by the City, now seek approval (“Settlement”).
6Approval of the Settlement does not end the appeal of OPA 294 in its entirety. OPA 294 would remain under appeal as it relates to the site municipally known as 3130 Dufferin Street, which remains under the appeal brought forward by the Appellant, C.Y. Vehicle Enterprises Inc. In other words, the Settlement reached is without prejudice to the appeal of OPA 294 filed by C.Y Vehicle Enterprises Inc.
EVIDENCE AND FINDINGS
7The Appellant called expert witness, Tatjana Trebic, who was qualified by the Tribunal to provide her professional opinion in land use planning. Ms. Trebic also swore an Affidavit, dated September 13, 2023, in support of the Settlement, that was reviewed and considered, together with all supporting documentation thereto, by the Tribunal and was marked as Exhibit 1.
8Ms. Trebic provided background information as to the recommended Settlement Modifications, being policy and mapping modifications, made to OPA 294, the particulars of which are set out at Exhibit D to her Affidavit, also reflected in Attachment 1 appended to this Decision.
9As confirmed by Ms. Trebic’s testimony, the Settlement Modifications reflect a series of iterations and revisions that have been made since the initial application submission in 2017. Ms. Trebic stated the Settlement Modifications provide a set of policies to direct the future long-term redevelopment of the Subject Lands for commercial, residential and open mixed-use spaces, in addition to a revised Block Master Plan for the Subject Lands.
10Ms. Trebic provided her professional opinion that the Settlement Modifications, appended as Attachment 1 to this Decision and Order, are consistent with the Provincial Policy Statement, 2020 (“PPS”); conform and do not conflict with the Growth Plan for the Greater Golden Horseshoe (“Growth Plan”); conform with the City’s OP, including the Lawrence-Allen Secondary Plan; conform with the applicable DSSP (as adopted by City Council in 2015, and modified and partially approved by this Tribunal, most recently in 2021); have due regard for matters of Provincial interest identified in s.2 of the Act; represent good planning; and are in the public interest.
11The Tribunal accepts the uncontroverted planning evidence provided by Ms. Trebic and finds that the proposed Settlement Modifications to OPA 294, as they will be implemented by the appended Order, are consistent with the PPS; conform and do not conflict with the Growth Plan; confirm with the City’s OP, including the Lawrence-Allen Secondary Plan; conform with the applicable DSSP (as adopted by City Council in 2015, and modified and partially approved by this Tribunal, most recently in 2021); have due regard for matters of Provincial interest as provided for in s. 2 of the Act; represent good planning; and are in the public interest.
12The Parties advise and the Tribunal accepts that the proposed draft Order, as endorsed and replicated in the Order below, contains language agreed to by the Parties, including the remaining Appellant, C.Y. Vehicle Enterprises Inc., which ensures that approval of the Settlement is without prejudice to that remaining Appellant and that its appeal rights are fully protected.
13The Tribunal is satisfied that it is appropriate to allow the appeal, in part, and modify and approve the sections of OPA 294 in accordance with the Settlement.
ORDER
14THE TRIBUNAL ORDERS that the appeals of Oxford Properties Group, pursuant to Sections 17(24) and 22(7), are allowed in part;
15AND THE TRIBUNAL ORDERS that OPA 294 is modified and approved for all lands within the Dufferin Street Secondary Plan Area, as shown on Map 36-1 of Attachment 1, with the exception of the site municipally known as 3130 Dufferin Street, in accordance with Attachment 1, which is appended to this Order;
16AND THE TRIBUNAL ORDERS THAT that the modification and approval of OPA 294 for all lands, except the lands municipally known as 3130 Dufferin Street, shall be strictly without prejudice to and shall not have the effect of limiting:
i. the position that may be taken by C.Y. Vehicle Enterprises Inc. to its appeal with respect to 3130 Dufferin Street, so that if its appeal of OPA 294 proceeds to a hearing, the City will not take the position that the Tribunal ought not to approve site-specific modifications to OPA 294 on the basis that they deviate from or are inconsistent with such approved portions of OPA 294 on a Plan-wide basis (or as approved in respect of other lands). However, this limitation does not affect the City's right to assert that the approved portions of OPA 294 should be applicable and determinative, without modification, in the evaluation of any development or redevelopment of the lands municipally known as 3130 Dufferin Street, on the basis that OPA 294 is consistent with the Provincial Policy Statement (2020), conforms with provincial plans and constitutes good planning; and
ii. the jurisdiction of the Tribunal to consider and approve modifications, deletions or additions to the policies, schedules, maps, figures, definitions, tables and associated text in OPA 294 as they relate to the lands municipally known as 3130 Dufferin Street.
17AND THE TRIBUNAL ORDERS that it may be spoken to in the event any matter or matters should arise in connection with the implementation of this Order.
N. Eisazadeh
n. eisazadeh
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.
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