Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 07, 2024
CASE NO(S).: OLT-23-001179
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: 1240967 Ontario Inc., Assessment Appeal Inc., and 2004085 Ontario Inc. and related companies
Appellant: 181 Eglinton Holdings Inc.
Appellant: 190 Ridley Limited
Appellant: 1930338 Ontario Inc. c/o Liberty Development Corporation and others
Subject: Proposed Official Plan Amendment No.
Description: Proposed City-Initiated Official Plan Amendment pertaining to adding a new complete application requirement for Site Plan Control to Schedule 3 of the Official Plan
Reference Number: 23 191976 CPS 00 OZ
Property Address: City of Toronto (city-wide)
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-23-001179
OLT Lead Case No.: OLT-23-001179
OLT Case Name: 1240967 Ontario Inc. v. Toronto (City)
Heard: February 26, 2024 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| 1240967 Ontario Inc. | Calvin Lantz |
| City of Toronto (“City”) | Daniel Elmadany |
MEMORANDUM OF ORAL DECISION DELIVERED BY ERIC S. CROWE ON FEBRUARY 26, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) for OLT-23-001179. 1240967 Ontario Inc. et al (“Appellants”) filed appeals pursuant to s. 17(24) of the Planning Act, against the City of Toronto’s (“City”) Official Plan Amendment (“OPA 688”) adopted in response to Bill 109, More Homes for Everyone Act, 2022.
2This City-initiated OPA 688 pertains to adding a new complete application requirement for Site Plan Control to Schedule 3 of the Official Plan (“OP”).
3The Affidavit confirming the giving of Notice was marked as Exhibit 1.
PARTY REQUESTS
4The Tribunal received two requests for Party status from LEV NYC LP and Mattamy Urban Neighbourhoods Inc.
CMC
5Daniel Elmadany, counsel for the City, advised there were five (5) Appellants that required confirmation of Appellant status as the City is unable to confirm that the Appellants have met the statutory requirements. Mr. Elmadany requests a second CMC to confirm appellant status of appeals, establishing a procedural order (PO) and finalization of issues list (IL), including requesting a hearing where appropriate and deferring the two Party status requests for consideration at the second CMC.
6Max Laskin, counsel for LEV NYC Lp., and Andrew Jeanrie, counsel for Mattamy Urban Neighbourhoods Inc., advised they have been in discussions with the City and both consented to deferring their Party status request to the second CMC. Therefore, the Tribunal deferred the two Party status requests to the second CMC.
DRAFT PROCEDURAL ORDER
7The Tribunal canvased the Parties regarding the draft PO and IL. Signe Leisk, counsel for Building Industry and Land Development Association, advised that the Appellants will require time to consolidate their issues and that Tribunal-led mediation may be requested.
8The Tribunal directs the Parties to submit a draft PO and IL for all appeals to the Case Coordinator by Tuesday, April 2, 2024.
MEDIATION
9Parties were advised of Tribunal-led mediation. The Tribunal advised the Parties, should they choose to pursue mediation,to contact the Case Coordinator who would assist and provide information on the process of requesting Tribunal led-mediation.
DISPOSITION
10The Tribunal scheduled a second CMC on Tuesday, April 23, 2024, at 10 a.m. by video hearing.
11Parties and Participants 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:
GoToMeeting: https://global.gotomeeting.com/join/979388733
Access code: 979-388-733
13Parties and 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
14Persons 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. (Toll-Free) 1-888-299-1889 or +1 (647) 497-9373. The access code is indicated above.
15Individuals 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.
ORDER
16The TRIBUNAL ORDERS its directions as noted above.
18The Member is not seized.
19There will be no further notice.
“Eric S. Crowe”
ERIC S. CROWE
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.