Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: December 23, 2024

CASE NO(S).: OLT-24-000503

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

Appellant: Yonge and Bloomington Ltd.

Appellant: Streamgrove Developments Inc.

Appellant: Worthington Ridge Development Inc.

Subject: Proposed Official Plan Amendment No. 18.8 (Oak Ridges Local Centre)

Municipality: City of Richmond Hill

OLT Case No.: OLT-24-000503

OLT Lead Case No.: OLT-24-000503

OLT Case Name: Streamgrove Developments Inc. v. York (Regional Municipality)

Heard: December 5, 2024 by Video Hearing

APPEARANCES:

Parties

Counsel

City of Richmond Hill

Raj Kehar Carlton Thorne (in absentia)

Yonge and Bloomington Ltd.

Matthew Di Vona

Streamgrove Developments Inc.

Paul DeMelo Douglas Pateman (in absentia)

Worthington Ridge Development Inc.

Paul DeMelo Douglas Pateman (in absentia)

MEMORANDUM OF ORAL DECISION DELIVERED BY A. Mason ON December 5, 2024 AND ORDER OF THE TRIBUNAL

1This was the second Case Management Conference (“CMC”) convened for appeals pursuant to s. 17(36) of the Planning Act R.S.O. 1990, c. P.13, as amended (“Act”), of Official Plan Amendment No. 18.8 (“OPA 18.8”) for properties located in the City of Richmond Hill (“City”). The Regional Municipality of York (“Region”) approved OPA 18.8 to the City’s Official Plan, which updated official plan policies for the Oak Ridges Local Centre.

SITE SPECIFIC APPEALS AND BRINGING INTO FORCE OPA 18.8

2Counsel for each of the statutory Appellants confirmed to the Tribunal their respective appeals are site specific to their individual properties, as follows:

a. Yonge and Bloomington Ltd. (“Yonge and Bloomington”) confirmed its appeal of OPA 18.8 is scoped on a site-specific basis to the lands municipally known as 13723 Yonge Street;

b. Streamgrove Developments Inc. (“Streamgrove”) confirmed that its appeal of OPA 18.8 is scoped on a site-specific basis to the lands municipally known as 13321 and 13337 Yonge Street; and

c. Worthington Ridge Development Inc. (“Worthington”) confirmed that its appeal of OPA 18.8 is scoped on a site-specific basis to the lands municipally known as 5 and 15 Worthington Avenue.

3The Tribunal acknowledges that pursuant to s. 17(39) of the Act, as of December 5, 2024, OPA 18.8 is in force and effect on a plan-wide basis in the form as approved by the Region, save and except for the site-specific appeals noted herein.

HEARING DATES

4At the CMC, counsel for the Parties requested that the Streamgrove and Worthington appeals be heard together by the Tribunal, but not consolidated, since their issues are similar, but with respect to their individual properties.

5The Tribunal set down the following Hearing dates:

a. A five-day Hearing with respect to the appeals of Streamgrove and Worthington, to be heard together but not consolidated, shall commence on Monday, October 20, 2025, to Friday, October 24, 2025.

Monday, October 20, 2025 at 10 a.m. (5-day Merit Hearing) GoTo Meeting: https://global.gotomeeting.com/join/927921077 Access code: 927-921-077 Audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889 Audio-only access code: 927-921-077

b. A five-day Hearing with respect to the appeal of Yonge and Bloomington shall commence on Monday, November 3, 2025, to Friday, November 7, 2025.

Monday, November 3, 2025 at 10 a.m. (5-day Merit Hearing) GoTo Meeting: https://global.gotomeeting.com/join/660145013 Access code: 660-145-013 Audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889 Audio-only access code: 660-145-013

6Parties 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.

7Parties 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 GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html

8Persons 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.

9Individuals 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.

PROCEDURAL ORDER

10To reflect the separation of the appeals into two Hearings, the Tribunal directs the following:

a. The Procedural Order (“PO”) at Attachment 1 shall govern the proceedings for the Streamgrove and Worthington Hearing; and

b. The PO at Attachment 2 shall govern the proceedings for the Yonge and Bloomington Hearing.

ORDER

11The Tribunal Orders that:

a. The appeals of Streamgrove and Worthington shall be heard together, but not consolidated, commencing on Monday, October 20, 2025 to Friday, October 24, 2025, and the PO at Attachment 1 shall govern the proceedings.

b. The appeal of Yonge and Bloomington shall commence on Monday, November 3, 2025 to Friday, November 7, 2025, and the PO at Attachment 2 shall govern the proceedings.

c. The scoping of the appeals 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.

d. Pursuant to s. 17(39) of the Act, as of December 5, 2024, the Tribunal acknowledges OPA 18.8 is in force and effect on a plan-wide basis in the form as approved by the Region, save and except for the site-specific appeals noted herein.

12This Member remains available to assist the Parties for case management purposes, subject to the Tribunal’s calendar.

“A. Mason”

A. Mason

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.

Attachment 1

ISSUE DATE: CASE NO(S).:

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

Appellant: Yonge and Bloomington Ltd.

Appellant: Streamgrove Developments Inc.

Appellant: Worthington Ridge Development Inc.

Subject: Proposed Official Plan Amendment No. 18.8 (Oak Ridge Local Centre)

Municipality: City of Richmond Hill

OLT Case No.: OLT-24-000503

OLT File No.: OLT-24-000503

OLT Case Name: Streamgrove Developments Inc. v. York (Regional Municipality

PROCEDURAL ORDER FOR STREAMGROVE DEVELOPMENTS INC. AND WORTHINGTON RIDGE DEVELOPMENT INC. HEARING

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 Monday, October 20, 2025, at 10:00 am.

3. The parties’ initial estimation for the length of the hearing is five (5) 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.

4. The parties and participants identified at the case management conference are set out in Attachment 1 (see the sample procedural order for the meaning of these terms).

5. The issues are set out in the Issues List attached as 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.

6. The order of evidence shall be as set out in Attachment 3 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 11, 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 August 1, 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 August 8, 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 August 29, 2025, the parties shall provide copies of their [witness and] 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 August 29, 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 September 12, 2025, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

16. On or before October 10, 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. Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence by September 19, 2025, and 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 26, 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 October 10, 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. 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.

BEFORE:

Name of Member:

Date:

TRIBUNAL REGISTRAR

ISSUES LIST

Note: The identification of an issue on the issues list does not constitute an acknowledgement by the Tribunal or any party that the issue is either relevant, within the jurisdiction of, or otherwise appropriate, to adjudicate. The identification of an issues on this list by a party indicates that party’s intent to lead evidence or argue that the issues is relevant to the proceeding, for the purpose of fairly identifying to the other parties the case they need to meet. Accordingly, no party shall advance an issue no identified on the Issues List without leave of the Tribunal.

Streamgrove Developments Inc. (13321 & 13337 Yonge Street, Richmond Hill)

1. Does the OPA have appropriate regard for the relevant matters of provincial interest enumerated in Section 2 of the Planning Act, including but not limited to (e), (f), (h), (j), (p), (q), (r) and (s)?

2. Does the OPA represent an underdevelopment of the site?

a. As drafted the maximum FSI would be limited to 2.0, is this appropriate?

b. As drafted the maximum height for any redevelopment is eight (8) storeys, is this appropriate?

c. What criteria are being used to determine the maximum allowable building heights? Are modifications warranted?

d. What criteria are being used to determine the maximum allowable building FSI? Are modifications warranted?

3. Does the OPA represent good land use planning and is it in the public interest?

4. Is the OPA consistent with the relevant policies of the Provincial Planning Statement, 2024, including but not limited to the following policies?

a. 2.1 generally, 2.2 generally, 2.3.1, 2.4, 2.9, 3.1, and 3.2?

5. Does the OPA provide for the appropriate population in the correct locations in light of the capacity provided by transit investments?

6. Does the OPA have the appropriate regard for transit improvements?

Worthington Ridge Development Inc. (5 and 15 Worthington Avenue, Richmond Hill)

1. Does the OPA have appropriate regard for the relevant matters of provincial interest enumerated in Section 2 of the Planning Act, including but not limited to (e), (f), (h), (j),(p), (q), (r) and (s)?

2. Does the OPA represent an underdevelopment of the site?

a. As drafted the maximum FSI would be limited to 2.0, is this appropriate?

b. As drafted the maximum height for any redevelopment is eight (8) storeys, is this appropriate?

c. What criteria are being used to determine the maximum allowable building heights? Are modifications warranted?

d. What criteria are being used to determine the maximum allowable building FSI? Are modifications warranted?

3. Does the OPA represent good land use planning and is it in the public interest?

4. Is the OPA consistent with the relevant policies of the Provincial Planning Statement, 2024, including but not limited to the following policies?

a. Policies 2.1 generally, 2.2 generally, 2.3.1, 2.4, 2.9, 3.1 and 3.2?

5. Does the OPA provide for the appropriate population in the correct locations in light of the capacity provided by transit investments?

6. Does the OPA have the appropriate regard for transit improvements?

Attachment 2

ISSUE DATE: CASE NO(S).: OLT-24-000503

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

Appellant: Yonge and Bloomington Ltd.

Appellant: Streamgrove Developments Inc.

Appellant: Worthington Ridge Development Inc.

Subject: Proposed Official Plan Amendment No. 18.8 (Oak Ridge Local Centre)

Municipality: City of Richmond Hill

OLT Case No.: OLT-24-000503

OLT File No.: OLT-24-000503

OLT Case Name: Streamgrove Developments Inc. v. York (Regional Municipality

PROCEDURAL ORDER FOR YONGE AND BLOOMINGTON LTD. HEARING

24. 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

25. The video hearing will begin on Monday, November 3, 2025, at 10:00 am.

26. The parties’ initial estimation for the length of the hearing is five (5) 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.

27. The parties and participants identified at the case management conference are set out in Attachment 1 (see the sample procedural order for the meaning of these terms).

28. The issues are set out in the Issues List attached as 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.

29. The order of evidence shall be as set out in Attachment 3 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.

30. 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.

31. 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

32. 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 25, 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.

33. Expert witnesses in the same field shall have a meeting on or before August 15, 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 August 22, 2025.

34. 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.

35. 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.

36. On or before September 12, 2025, the parties shall provide copies of their [witness and] expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 22 below.

37. On or before September 12, 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.

38. On or before September 26, 2025, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

39. On or before October 24, 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.

40. Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence by October 3, 2025, and in accordance with paragraph 22 below.

41. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before October 10, 2025.

42. 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.

43. 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.

44. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before October 24, 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.

45. All filings shall be submitted electronically and in hard copy. 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.

46. 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.

BEFORE:

Name of Member:

Date:

TRIBUNAL REGISTRAR

ISSUES LIST

Note: The identification of an issue on the issues list does not constitute an acknowledgement by the Tribunal or any party that the issue is either relevant, within the jurisdiction of, or otherwise appropriate, to adjudicate. The identification of an issues on this list by a party indicates that party’s intent to lead evidence or argue that the issues is relevant to the proceeding, for the purpose of fairly identifying to the other parties the case they need to meet. Accordingly, no party shall advance an issue no identified on the Issues List without leave of the Tribunal.

Yonge and Bloomington Ltd. (13723 Yonge Street, Richmond Hill)

1. Should the Oak Ridges Local Centre within OPA 18.8 include the entirety of 13723 Yonge Street (the “Lands”)?
2. What are the appropriate land use designations within OPA 18.8 for the Lands?
3. What are the appropriate heights and densities within OPA 18.8 for the Lands?
4. Does OPA 18.8 lack support for a north-south collector road to Bloomington conceptually located on the Lands?
5. What is the appropriate conceptual road network within OPA 18.8 for the Lands and neighbouring parcels?
6. Should OPA 18.8 be less restrictive/prescriptive, such that redevelopment potential is not unreasonably and inappropriately constrained on the Lands?
7. Is OPA 18.8 consistent with all applicable policy statements?
8. Does OPA 18.8 conform to all applicable Provincial Plans?
9. Is OPA 18.8 consistent with the Provincial Planning Statement, 2024, including, but not limited to, sections 2.1, 2.2, 2.3.2, 2.4.1, 2.4.3, 3.1, 3.2, and 3.6?
10. Does OPA 18.8 conform to the York Region Official Plan, if applicable?
11. Does OPA 18.8 represent good land use planning that is in the public interest?
12. What is the appropriate text and mapping within OPA 18.8, including, but not limited to, the following:
    1. Section 1.2 Location;
    2. Section 1.3 Basis;
    3. Section 2.2.1.1;
    4. Section 2.2.2.4.;
    5. Section 2.2.2.9.;
    6. Section 2.2.2.10.;
    7. Section 2.2.3.2.;
    8. Section 2.2.4.2.;
    9. Section 2.2.2.6.;
    10. Section 2.2.7.1.;
    11. Section 2.2.7.2.;
    12. Section 2.2.8.;
    13. Section 2.2.9.;
    14. Section 2.2.10.;
    15. Section 2.2.11.;
    16. Schedule F1;
    17. Schedule F2;
    18. Schedule A1; and,
    19. Schedule A2.