Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 20, 2024
CASE NO(S).: OLT-24-000829
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellants: 3625 Dufferin Street Portfolio Inc., Costco Wholesale Canada Ltd., First Long Weekend Developments Inc., and Home Depot Holdings Inc.
Subject: Proposed Official Plan Amendment No. 716
Description: To permit the adoption of Official Plan Amendment 716
Reference Number: OPA 716
Property Address: lands generally bounded by Keele Street, Sheppard Avenue West, Banting Avenue, Reiner Road, Wilson Heights Boulevard, Allen Road, Highway 401, Dufferin Street, Beffort Road, Hanover Road, Ancaster Road, Home Road, Gilley Road, Garratt Boulevard, Plewes Road, Murray Road, Wilson Avenue, GO Transit Barrie Line Rail Corridor, and Downsview Park Boulevard
Municipality: Toronto
OLT Case No.: OLT-24-000829
OLT Lead Case No.: OLT-24-000829
OLT Case Name: 3625 Dufferin Street Portfolio Inc et al v. Toronto (City)
Heard: November 13, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel
First Long Weekend Developments Inc.
Sarah Kagan
Jason Park (in absentia)
3625 Dufferin Street Portfolio Inc.
Daniel Angelucci
Michael Foderick (in absentia)
Home Depot Holdings Inc.
Jesse White
David Tang (in absentia)
Costco Wholesale Canada Ltd.
Joe Hoffman
Roslyn Houser (in absentia)
PSPIB Downsview Investments Inc.
Max Laskin
Parc Downsview Park
Alexander Suriano
Eileen Costello (in absentia)
City of Toronto
Nathan Muscat
Adrienne deBacker
MEMORANDUM OF ORAL DECISION DELIVERED BY T.F. NG ON NOVEMBER 13, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) for the above-noted matter. First Long Weekend Developments Inc.; 3625 Dufferin Street Portfolio Inc.; Home Depot Holdings Inc.; and, Costco Wholesale Canada Ltd. (Collectively “Appellants”) have individually filed appeals against the City of Toronto’s (“City”) adoption of Official Plan Amendment 716 (“OPA 716”/“Downsview Secondary Plan”) pursuant to s. 17(24) of the Planning Act. Each Appellant’s appeal relates to their respective properties affected under the policies of the OPA 716.
2The Affidavit of Service on file was marked as Exhibit A.
PARTY REQUESTS
3There were two Party status requests received from PSPIB Downsview Investments Inc. and Parc Downsview Park. The Tribunal granted Party status to both upon consent of the Parties. Added Parties are to separately shelter under an elected Party when issues are scoped.
DRAFT PROCEDURAL ORDER
4The City’s counsel, Nathan Muscat, informed the Tribunal that Parties have not filed the draft Procedural Order (“PO”), and requested another CMC to be scheduled. Counsel sought a direction that the Appellants confirm that the policies identified in the various appeals are the extent of the policies to which the Appellants take issue. The City requested the Tribunal to direct further scoping of appeals of those policies to specific parcels of land. For lands within the Secondary Plan Area, not subject of the Appellants’ appeals, a direction that OPA 716 is in effect as of August 9, 2024 as a matter of law.
5In the course of submissions by counsels, it was evident that the respective Appellants had restricted their respective appeals to the identified parcels and to certain specific policies of the Downsview Secondary Plan. Counsel concedes that the Appellants are limiting their appeals to lands south of Wilson Avenue and that further discussions will permit scoping of the specific policies that are applicable to the Appellants lands.
6The Tribunal will direct OPA 716 is in effect as of August 9, 2024 and schedule a second CMC for the Parties to further scope the issues for the appeals and to file the draft PO and Issues List.
MEDIATION
7The Parties are currently in discussions to scope issues and have no plans for mediation.
DISPOSITION
8The Tribunal will schedule a CMC for Parties to update the Tribunal on the status of the appeals, and to finalize the PO.
9The Tribunal directs that the draft PO with the attached Issues List to be filed with the Case Coordinator by Tuesday, February 18, 2025.
CASE MANAGEMENT CONFERENCE
10The second CMC is scheduled to proceed by video on Tuesday, March 4, 2025, at 10 a.m.
11Parties are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/638422541
Access code: 638-422-541
12Parties 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 GoTo Meeting, or a web application is available: https://app.gotomeeting.com/home.html
13Persons 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: +1 (647) 497-9373 or (toll free) 1-888-299-1889. The access code is: 638-422-541.
14Individuals 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 event to ensure that they are properly connected at the correct time. Questions prior to the event may be directed to the Tribunal’s Case Coordinator.
ORDER
15The Tribunal Orders that:
a. Party status is granted to PSPIB Downsview Investments Inc. and Parc Downsview Park.
b. The Official Plan Amendment 716 is in force and effect as of August 9, 2024 for lands within the Downsview Secondary Plan which are not subject of the appeals filed by the Appellants.
c. The second Case Management Conference will commence at 10 a.m. by video on Tuesday, March 4, 2025; and
d. The Procedural Order and Issues List are to be filed by Tuesday, February 18, 2025.
16There is no further notice and the Member is not seized.
“T.F. Ng”
T.F. NG
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.