Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
April 05, 2023
CASE NO(S).:
OLT-22-002343
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
10 QEW Inc.
Appellant:
100 Metropolitan Portfolio Inc.
Appellant:
1095909 Ontario Limited (Wynn Group of Companies)
Appellant:
1107051 Ontario Ltd.; and others
Subject:
Proposed Official Plan Amendment No. 231
Municipality:
City of Toronto
OLT Case No.:
OLT-22-002343
Legacy Case No.:
PL140860
OLT Lead Case No.:
OLT-22-002343
Legacy Lead Case No.:
PL140860
OLT Case Name:
A. Mantella & Sons Limited v. Toronto (City)
Heard:
March 20, 2023 by video hearing
APPEARANCES:
Parties
Counsel
City of Toronto
C. Kapelos A. Biggart, in absentia L. Bisset C. McKeich
2130254 Ontario Inc.
M. Flowers
39 Wynford Inc.
D. Yarahmadi P. Duffy, in absentia
Amexon Realty Corp. Amexon Property Management Corp.
K. Sutton M. Flynn-Guglietti, in absentia
1289777 Ontario Limited 939923 Ontario Limited
D. Angelucci M. Foderick, in absentia
2396927 Ontario Inc. 2125980 Ontario Limited
M. Lakatos-Hayward D. Bronskill, in absentia
1226567 Ontario Inc. Nashdeen Court Ltd. Dundas Real Estate Investments
M. Kemerer
1217861 Ontario Ltd. Red Banner Developments Limited
M. Kemerer appearing for D. White, in absentia
H&R REIT
A. Frank P. DeVine, in absentia
The Salvation Army
M. Reedijk J. Debono, in absentia
Rareland Development Inc.
A. Lusty J. Alati, in absentia
Champagne Centre Ltd.
J. Evola
Samuel Sarick Limited
D. Betlej K. Sliwa
Revenue Properties Company and Morguard Investments Limited
J. Shapira
2129152 Ontario Inc.
J. Shapira appearing for D. Wood, in absentia
Dream Asset Management
J. Reyes M. Cara, in absentia
2634698 Ontario Inc.
I. Andres
Loblaws Properties Limited
D. Neligan
MEMORANDUM OF ORAL DECISION DELIVERED BY C. HARDY AND S. BRAUN ON MARCH 20, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision relates to a case management conference (“CMC”) held by the Tribunal to obtain status updates and set hearing dates for Phases 6C, 6D, 6E, 6F and 6G appeals brought pursuant to s. 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended (“Act”) relating to Official Plan Amendment No. 231 (“OPA 231”) which was adopted by the City of Toronto (“City”) in December 2013.
2Vice-Chairs Burton and Colbourne previously provided a helpful summary of the background to these appeals, and OPA 231 in general, which was set out in the decision issued April 8, 2021. This decision also ordered the sub-phasing of Phase 6 into geographic groupings. Phases 6C, 6D, 6E, 6F and 6G are the last remaining appeals relating to OPA 231.
3This CMC provides additional case management directives for the remaining appeals before the Tribunal.
STATUS UPDATE
4Ms. Kapelos, Counsel for the City, provided the Tribunal with a status update on the remaining appeals, as follows:
Phase 6C. (Previously scheduled for a 10-day merit hearing commencing April 24, 2023). The Parties have reached a full settlement and request that the Tribunal set aside April 26, 2023 for a settlement hearing, releasing the balance of the dates previously set aside;
Phase 6D. Draft Procedural Order and Issues List were submitted to the Tribunal in advance of the CMC with the Parties to Phase 6D jointly requesting that the Tribunal set a 10-day hearing.
Phase 6E. Draft Procedural Order and Issues List were submitted to the Tribunal in advance of the CMC with the Parties to Phase 6E jointly requesting that the Tribunal set a 10-day hearing.
Phase 6F is complete. All appeals in Phase 6F have been withdrawn with the exception of two (2) being those of Revenue Properties Limited and Morguard Investments Limited and Loblaws. The Parties have agreed that these two (2) remaining appeals will be managed within Phase 6G.
Phase 6G. To be heard following Phases 6D and 6E. The Phase 6G appeals represent remaining site-specific appeals that did not fit into the other Phase 6 geographic groupings. Once hearing dates are secured for Phases 6D and 6E, the City will be able to turn its mind to organizing Phase 6G.
Opportunities for Settlement
5Ms. Kapelos advised the Tribunal that the City has engaged in settlement discussions with some of the Parties to the remaining appeals. She noted that, at this point, it is unlikely that Phases 6D and 6E will settle, however the City remains open to mediation and/or continuing discussions aimed at resolving and/or scoping any or all of the remaining appeals.
Draft Procedural Orders and Issues Lists
6The Parties submitted a draft Procedural Order and Issues List for Phases 6D and 6E in advance of the CMC, which were reviewed by the Tribunal. The Parties advised that details in the Procedural Orders and Issues Lists will be finalized and submitted to the Tribunal for final review and approval within two (2) weeks.
7Ms. Kapelos advised the Tribunal that the Parties have used the same Procedural Order template to organize the hearings for all of the Phases related to the matter. The Tribunal noted that the template does not align with the sample Procedural Order found on the Tribunal’s website (“sample PO”). However, the Tribunal agreed that in this circumstance, using the same Procedural Order template for the remaining Phases would be efficient, with one amendment. The Tribunal directed the Parties to ensure that the timelines found in the sample PO align with the timelines in all future Procedural Orders, including those for Phases 6D and 6E, in particular the inclusion of the following paragraph:
On or before ________________ (date – at least 35 days prior to the start of the hearing) the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
8The Tribunal inquired about the lack of issues included on the Phase 6D Issues List for 1289777 Ontario Limited & 929923 Ontario Limited. Mr. Angelucci, Counsel for 1289777 Ontario Limited & 929923 Ontario Limited noted that additional time was required and advised that a complete Issues List would be included in the updated draft Procedural Order submitted to the Tribunal within two (2) weeks.
9The Tribunal questioned its jurisdiction to adjudicate some of the issues on the Issues List for Phase 6E. Mr. Kemerer, Counsel for 1226567 Ontario Inc., Nashdeen Court Ltd. and Dundas Real Estate Investments, advised the Tribunal that the issues would be refined and framed in proper land use planning terms prior to the final draft being submitted to the Tribunal for review and approval.
10The Parties to Phases 6D and 6E agreed that amended draft Procedural Orders and Issues Lists would be submitted to the Tribunal by the City for review and approval on or before April 3, 2023. Ms. Kapelos undertook to revise, circulate and submit to the Tribunal within the above noted timeline.
11Subsequent to the CMC, the Parties submitted revised Procedural Orders and Issues Lists for Phases 6D and 6E in accordance with the directions noted above. Ms. Kapelos, on consent of the Parties, advised the Tribunal that due to scheduling conflicts, the hearing dates set out at the CMC were “swapped” and as such, Phase 6D would be heard following Phase 6E. She noted that the change in hearing dates was reflected in the revised Procedural Orders.
12The Tribunal reviewed the revised Procedural Orders. The Tribunal added paragraph 15 to both Procedural Orders to reflect the deadline to confirm whether all hearing dates are required as set out in Attachment 1 Summary of Dates of the Procedural Orders.
13The Procedural Order attached as Schedule A to this Decision has been reviewed and approved by the Tribunal and will govern the pre-hearing procedural requirements and the hearing of Phase 6D.
14The Procedural Order attached as Schedule B to this Decision has been reviewed and approved by the Tribunal and will govern the pre-hearing procedural requirements and the hearing of Phase 6E.
Scheduling Hearing Dates
Phase 6C
15The Parties jointly requested that all dates set aside to hear the appeal related to Phase 6C be released, but for April 26, 2023, which is intended to be used to present a settlement to the Tribunal. Accordingly, a one-day video settlement hearing was scheduled for April 26, 2023.
16The Tribunal directed the Parties to submit settlement materials to the Tribunal, including an Affidavit in support of the settlement and a draft Order, on or before April 19, 2023.
Phase 6D and Phase 6E
17The Parties jointly requested that the Tribunal schedule the hearing of the Phase 6D appeals for 10 days and that the hearing take place in advance of the hearing of the appeals in Phase 6E. The City requested hearing dates after September, 2023.
18The Parties jointly requested that the Tribunal schedule a 10-day hearing for Phase 6E following the completion of the hearing for Phase 6D.
19The Tribunal notes that it is standard practice to set hearing dates only after the Procedural Order and Issues List have been finalized for the Tribunal’s review and approval. The Parties submitted that through various discussions they have agreed that 10 days is appropriate, and the refinement of the Issues List will not impact the number of witnesses proposed. Upon hearing the submissions, the Tribunal agreed that, in this circumstance, finalization of the draft Procedural Order and Issues List would not impact the number of required hearing days and accordingly scheduled a video hearing for 10 days for each of Phase 6D and Phase 6E.
20Following the CMC, Ms. Kapelos, on consent of the Parties, advised the Tribunal that they no longer required Phase 6D to be heard in advance of Phase 6E. She submitted that scheduling conflicts relating to some witnesses were realized subsequent to the CMC and the Parties resolved the conflicts by agreeing to have Phase 6D heard following the hearing of Phase 6E. Ms. Kapelos confirmed with the Tribunal that the change in hearing dates would not cause prejudice to any Party.
21Given the number of Parties involved in these proceedings, the Tribunal agreed with the request and will order the hearing of Phase 6D to commence on January 15, 2024 and the hearing of Phase 6E to commence on October 23, 2023.
Phase 6G
22Ms. Sliwa, counsel for Samuel Sarick Limited, requested the Tribunal set a date for a CMC for Phase 6G to begin the process of organizing the remaining site-specific appeals.
23As hearing dates had been set for Phases 6D and 6E, the City was in agreement that it would be prudent to set a CMC and requested a date for same be scheduled toward the end of May or beginning of June, 2023.
24The Tribunal determined that scheduling a further CMC for Phase 6G would assist in progressing the matter forward in an efficient manner and accordingly scheduled a one-day CMC by way of video hearing on June 8, 2023 at 10 a.m., the purpose of which is to begin the process of organizing the remaining site-specific appeals and to review draft Procedural Orders, if available.
ORDER
25The Tribunal directs the City to submit to the Case Management Coordinator a final draft Procedural Order and Issues List for Phase 6D on or before April 3, 2023.
26The Tribunal directs the City to submit to the Case Management Coordinator a final draft Procedural Order and Issues List for Phase 6E on or before April 3, 2023.
27The Tribunal orders that a settlement hearing for Phase 6C in this matter will be held by video hearing on April 26, 2023 at 10 a.m. It is scheduled to proceed as follows:
April 26, 2023 at 10 a.m. (one-day hearing) GoTo Meeting: https://meet.goto.com/680885805 Access code: 680-885-805 Audio-only telephone line: +1 (647) 497-9373 or Toll-Free 1 888 299 1889 Audio-only access code: 680-885-805
28The Tribunal orders that a case management conference for Phase 6G in this matter will be held by video hearing on June 8, 2023 at 10 a.m. It is scheduled to proceed as follows:
June 8, 2023 at 10 a.m. (one-day CMC) GoTo Meeting: https://meet.goto.com/278736685 Access code: 278-736-685 Audio-only telephone line: +1 (647) 497-9391 or Toll-Free 1 888 455 1389 Audio-only access code: 278-736-685
29The Tribunal orders that the hearing for Phase 6E in this matter will be held by video hearing commencing on October 23, 2023 at 10 a.m. Ten days have been set aside. It is scheduled to proceed as follows:
October 23, 2023 at 10 a.m. (10-day hearing) GoTo Meeting: https://meet.goto.com/996288525 Access code: 996-288-525 Audio-only telephone line: +1 (647) 497-9391 or Toll-Free 1 888 455 1389 Audio-only access code: 996-288-525
30The Tribunal orders that the hearing for Phase 6D in this matter will be held by video hearing commencing on January 15, 2024 at 10 a.m. Ten days have been set aside. It is scheduled to proceed as follows:
January 15, 2024 at 10 a.m. (10-day hearing) GoTo Meeting: https://meet.goto.com/348282861 Access code: 348-282-861 Audio-only telephone line: +1 (647) 497-9373 or Toll-Free 1 888 299 1889 Audio-only access code: 348-282-861
31Parties 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.
32Parties 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
33Persons 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.
34Individuals 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.
35The Tribunal Orders that the Procedural Order attached as Schedule A to this Decision shall govern Phase 6D of the proceedings
36The Tribunal Orders that the Procedural Order attached as Schedule B to this Decision shall govern Phase 6E of the proceedings.
37The Panel is not seized, however, will remain available for case management subject to the Tribunal’s calendar.
38No further notice will be given.
“C. Hardy”
c. hardy
MEMBER
“S. Braun”
s. braun
MEMBER
Ontario Land Tribunal
Website: 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.