Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 11, 2024
CASE NO(S).: OLT-23-001120
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: COLLECDEV (8868 Yonge) GP Inc. and 1921318 Ontario Limited
Applicant: City of Richmond Hill
Subject: Proposed Official Plan Amendment No. 41
Description: Richmond Hill Centre Secondary Plan
Reference Number: By-law No. 55-23
Property Address: Lands generally comprised of the area to the north of Highway 7 at Yonge Street
Municipality/UT: City of Richmond Hill / Region of York
OLT Case No.: OLT-23-001120
OLT Lead Case No.: OLT-23-001120
OLT Case Name: COLLECDEV (8868 Yonge) GP Inc. et al. v. City of Richmond Hill
Heard: December 9, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel
COLLECDEV (8868 Yonge) GP Inc.
Adrian Frank Jason Park (in absentia)
1921318 Ontario Limited
John Alati Grace O’Brien (in absentia)
City of Richmond Hill
Raj Kehar Carlton Thorne (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY David Brown ON DeCEMBER 9, 2024 AND ORDER OF THE TRIBUNAL
1The Tribunal convened a second Case Management Conference (“CMC”) with respect to the Appeals filed by COLLECDEV (8868 Yonge) GP Inc. (“COLLECDEV”) and 1921318 Ontario Limited (“1921318”) pursuant to s. 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended (the “Act”) against the approval of the City of Richmond Hill (“City”) Official Plan Amendment No. 41 (“OPA 41”).
2OPA 41 is referred to as the Richmond Hill Centre Secondary Plan which proposes to establish area-specific policies addressing: land use, built form, urban design, transportation and mobility, public realm, parks and open spaces, community facilities, sustainability, servicing, storm water management, and district energy.
3OPA 41 applies to approximately 94 hectares generally north of Highway 7 and extending east form Yonge Street past the CN Rail Line corridor. COLLECDEV owns lands at 8868 Yonge Street and 1921318 owns the lands located 8790 Yonge Street.
4Mr. Kehar explained that this matter was recently the subject of a Motion brought by the City seeking various relief concerning s. 17(36.1.4) of the Act and confirming that certain policies within OPA 41 are not under Appeal and therefore in full force and effect. Mr. Kehar contends that the City was mostly successful in the Motion.
5The City and 1921318 have since negotiated a Settlement of their Appeal and the Settlement is being considered by the Tribunal on Tuesday, December 10, 2024. Should the Tribunal approve the Settlement, 1921318 has undertaken to withdraw their Appeal within five days of an oral or written Decision being issued by the Tribunal.
6With respect to the COLLECDEV Appeal, Mr. Kehar advised that the City has received Applications for an Official Plan Amendment and Zoning By-law Amendment from COLLECDEV, and they are currently being circulated and processed by the City. Mr. Kehar explained that should the City and COLLECDEV be successful in negotiating an approval of their Applications, their Appeal will be resolved and COLLECDEV will be in a position to withdraw their Appeal. In the event that COLLECDEV and the City are unable to negotiate an approval of the Applications, COLLECDEV may file separate Appeals which can then be addressed with their current Appeal before the Tribunal.
7Counsel for 1921318 and COLLECDEV concurred with the City’s description of the matter and Mr. Kehar requested that the Tribunal defer the Appeals sine die pending the resolution of the matters as described.
8The Tribunal, having considered the submissions from the City and the concurrence of the Parties, is satisfied that an adjournment of the Appeals is appropriate in this instance.
9The Tribunal directs the Parties to provide a written status update of the Appeals on or before Monday, December 1, 2025. Should the Appeals not be resolved before this date, the Tribunal may require a further attendance by the Parties to address the disposition of either both of the Appeals or the remaining Appeal.
ORDER
10THE TRIBUNAL ORDERS the directives contained in this Decision.
11The Member remains available for further case management subject to the Tribunal’s calendar.
“David Brown”
DAVID BROWN
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.