Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: December 20, 2024

CASE NO.: OLT-24-000485

PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: 9218 Yonge Street Inc. & Taheri Development Inc.

Appellant: Yonge Sixteen Inc.

Subject: Proposed Official Plan Amendment

Description: To update the City’s Official Plan with area-specific policies to guide future development in the Key Development Area

Reference Number: OPA 18.5

Property Address: City Wide

Municipality/UT: City of Richmond Hill

OLT Case No.: OLT-24-000485

OLT Lead Case No.: OLT-24-000485

OLT Case Name: 9218 Yonge Street Inc. v. Richmond Hill (City)

ORDER

BEFORE:

G. ROSS MEMBER

Friday, the 29th Day of November, 2024

THIS MATTER having come before the Tribunal at Case Management Conferences (”CMC”) on September 25, 2024, and November 29, 2024;

WHEREAS 9218 Yonge Street Inc. and Taheri Development Inc., (together, “9218 Yonge”) and Yonge Sixteen Inc. (“Yonge Sixteen”) are the only Appellants to appeal Official Plan Amendment No. 18.5 (“OPA 18.5”), which appeals have been filed on a plan-wide basis;

AND WHEREAS 9218 Yonge has now confirmed that their appeal is scoped on a site-specific basis to 9218 Yonge Street, in the City of Richmond Hill (“City”);

AND WHEREAS Yonge Sixteen has now confirmed that their appeal is scoped on a site-specific basis to 9251 Yonge Street, in the City;

AND THE TRIBUNAL, having scheduled a two-day Merit Hearing by video conference to commence on Tuesday, October 7, 2025 at 10 a.m.;

Parties and/or Participants and/or Observers 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/687587165

Access code: 687-587-165

Parties and/or 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 GoTo Meeting or a web application is available: https://app.gotomeeting.com/home.html

Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to it by calling in to an audio-only telephone line: (Toll-Free) 1-888-299-1889 or +1 (647) 497-9373. The access code is: 687-587-165.

Individuals 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.

AND THE TRIBUNAL, having received no additional Party/Participant status requests;

AND THE TRIBUNAL confirmed that on consent of the Parties, that “without prejudice” language related to positions taken by the Parties to any site-specific appeal will be included in the updated Draft Procedural Order (Attachment B), which was submitted post CMC, following the review of the Parties.

THE TRIBUNAL ORDERS THAT:

1. Upon confirmation that the appeals of Official Plan Amendment No. 18.5 (“OPA 18.5”) have been scoped on a site-specific basis to 9218 Yonge Street and 9251 Yonge Street, in the City of Richmond Hill (“City”), by operation of law, OPA 18.5 is in force and effect on a plan-wide basis, save and except for the two addresses at 9218 Yonge Street and 9251 Yonge Street, as per subsection 17(39) of the Planning Act, R.S.O. 1990, c. P.13; and

2. The partial approval of OPA 18.5 is without prejudice to the positions taken by the parties to any site-specific appeal so that if those appeals proceed to a subsequent hearing or motion, either on their own or as may be consolidated with other appeals, the City will not take the position that the Tribunal ought not to approve site-specific modifications to the affected sections, tables, definitions, maps, schedules, and associated text, on the basis that they deviate from or are inconsistent with such sections, tables, definitions, maps, schedules, and associated text on a plan-wide basis. However, this does not affect the City’s right to assert that the approved sections, tables, definitions, maps, schedules, and associated text should be applied to the specific sites without modification on the basis that they constitute good planning.

3. The Draft Procedural Order (Attachment B) on consent, is approved to govern the Hearing as set out on date and times and as found above and in the Procedural order.

“Euken Lui”

EUKEN LUI

ACTING REGISTRAR

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 (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.

Attachment A

Second CMC Attendance List

Parties

Counsel

9218 Yonge Street Inc. and Taheri Development Inc.

Michael Cara Christopher Tanzola (in absentia)

Yonge Sixteen Inc.

Natalie Ast Daniel Artenosi (in absentia)

City of Richmond Hill

Narmada Gunawardana Carlton Thorne Raj Kehar (in absentia)

Attachment B

CASE NO(S).: OLT-24-000494

PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: 9218 Yonge Street Inc. & Taheri Development Inc.

Appellant: Yonge Sixteen Inc.

Subject: Proposed Official Plan Amendment

Description: To update the City’s Official Plan with area-specific policies to guide future development in the Key Development Area

Reference Number: OPA 18.5

Property Address: City Wide

Municipality/UT: City of Richmond Hill

OLT Case No.: OLT-24-000485

OLT Lead Case No.: OLT-24-000485

OLT Case Name: 9218 Yonge Street Inc. v. Richmond Hill (City)

PROCEDURAL ORDER

1. The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties’ request or its own motion.

Organization of the Hearing

2. The video hearing will begin on October 7, 2025.

3. The parties’ initial estimation for the length of the hearing is 2 days. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible. The procedural order deadlines are generally found in Attachment 1.

4. The parties and participants identified at the case management conference are set out in Attachment 2. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.

5. The issues are set out in the Issues List attached as Attachment 3. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.

6. The order of evidence shall be as set out in Attachment 4 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.

7. Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.

8. Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website.

Requirements Before the Hearing

9. A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of the witnesses and the order in which they will be called. This list must be delivered on or before July 4, 2025 and in accordance with paragraph 22 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.

10. Expert witnesses in the same field shall have a meeting on or before July 11, 2025 and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before July 18, 2025.

11. An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 13 below. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.

12. Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s evidence as in paragraph 13 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 13 below.

13. On or before July 25, 2025, the parties shall provide copies of their expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 22 below.

14. On or before July 25, 2025, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 22 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

15. On or before August 22, 2025 the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

16. On or before September 19, 2025 the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 22 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

17. On or before August 29, 2025 the parties may provide to all other parties and the OLT’s Case co-ordinator a written response to any written evidence in accordance with paragraph 22 below.

18. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before September 19, 2025.

19. A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.

20. A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.

21. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before September 26, 2025 with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.

22. All filings shall be submitted electronically and in hard copy, if requested by the Tribunal. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7.

23. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.

This Member is [not] seized.

So orders the Tribunal.

ATTACHMENT 1

SUMMARY OF KEY DATES

Date

Hearing event

July 4, 2025

Exchange of List of Witnesses

July 11, 2025

Expert Witness Meeting

July 18, 2025

Filing of Statement (s) of Agreed Facts and Issues

July 25, 2025

Exchange of Witness Statements

July 25, 2025

Delivery of Participant Statements

August 22, 2025

Confirmation to Tribunal if all reserved hearing dates are still required

September 19, 2025

Exchange of Visual Evidence

August 29, 2025

Exchange of Reply Witness Statements

September 19, 2025

Filing of Joint Document Book

September 26, 2025

Filing of Hearing Plan

October 7, 2025

Hearing Commences

ATTACHMENT 2

LIST OF PARTIES/PARTICIPANTS

PARTIES

1. City of Richmond Hill

WeirFoulds LLP 4100-66 Wellington Street West Toronto, ON M5K 1B7 Raj Kehar / Narmada Gunawardana Email: rkehar@weirfoulds.com/ ngunawardana@weirfoulds.com Tel: 416-947-5051/ 647-884-7543

City of Richmond Hill 225 East Beaver Creek Road Richmond Hill, ON L4B 3P4 Carlton Thorne Email: Carlton.thorne@richmondhill.ca Tel: 905-771-8800

2. 9218 Yonge Street Inc. and Taheri Development Inc.

Overland LLP 1101- 5255 Yonge Street Yonge-Norton Centre Toronto, ON M2N 6P4 Michael Cara / Christopher Tanzola Email: mcara@overlandllp.ca / ctanzola@overlandllp.ca Tel: 416-730-8844 / 416-730-0645

3. Yonge Sixteen Inc.

Overland LLP 1101- 5255 Yonge Street Yonge-Norton Centre Toronto, ON M2N 6P4 Daniel Artenosi / Natalie Ast Email: dartenosi@overlandllp.ca / nast@overlandllp.ca Tel: 416-730-0320 / 416-730-0387

ATTACHMENT 3

ISSUES LISTS

Issues List of 9218 Yonge Street Inc. and Taheri Development Inc.

1. Given the approval by the OLT on May 28, 2024 of an Official Plan Amendment to the Richmond Hill Official Plan for 9218 Yonge Street and a Zoning By-law Amendment to former Corporation of the Township of Vaughan By-law No. 2523, as amended, permitting two residential buildings with heights of 42 storeys and 36 storeys, a maximum floor space index of 8.35, and a maximum gross floor area of 61,650 square metres, should OPA 18.5 be modified to incorporate the site specific approval granted by the OLT [OLT Case No. 22-003667]? Would a site-specific modification to incorporate the OLT approval have regard to matters of provincial interest under the Planning Act, be consistent with PPS 2024, and conform to the York Region Official Plan 2022 and the Richmond Hill Official Plan, as amended, and would it be good planning to do so?

Issues List of Yonge Sixteen Inc.

2. Given the approval by the OLT (OLT Lead Case No. OLT-21-001156) issued on September 16, 2024, amended and corrected on October 28, 2024, of an Official Plan Amendment and a Zoning By-law Amendment for 9251 Yonge Street, permitting two residential buildings with heights of 43 storeys and 38 storeys, connected by a six-storey podium, a maximum floor space index of 8.77, and a maximum gross floor area of 66,550 square metres, should OPA 18.5 be modified to incorporate the site-specific approval granted by the OLT? Would a site-specific modification to incorporate the OLT approval have regard to matters of provincial interest under the Planning Act, be consistent with PPS 2024, and conform with the York Region Official Plan 2022 and the Richmond Hill Official Plan, as amended, and would it be good planning to do so?

ATTACHMENT 4

ORDER OF EVIDENCE

1. City of Richmond Hill
2. 9218 Yonge Street Inc. and Taheri Development Inc.
3. Yonge Sixteen Inc.
4. City of Richmond Hill, in Reply