Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 19, 2024
CASE NO(S).: OLT-22-002276 (Formerly PL171353), OLT-22-004775
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 1529749 Ontario Inc. (Torgan) Subject: Request to amend the Official Plan - Failure of the City of Vaughan to adopt the requested amendment Existing Designation: “Town Centre Commercial/Retail Core” with a “Special Policy Area” overlay in OPA 671, and “High-Rise Mixed-Use” with a “Special Policy Area” overlay in the Vaughan Official Plan 2010 (VOP 2010) Proposed Designation: To amend OPA 671 and the VOP 2010 by adding site specific provisions to permit a maximum density of 4.7 FSI, maximum building height of 27 storeys as well as to allow for changes to policies relating to built form, urban design and connectivity Purpose: To permit the development of a phased high-density project consisting of seven (7) mixed-use 27-storey towers contemplating approximately 1,800 residential units with at-grade commercial uses and 2,400 underground parking spaces, as well as two (2) low-rise commercial buildings, an above grade parking structure, three (3) levels of underground parking and a number of community and resident amenity areas Property Address/Description: 7700 Bathurst Street Municipality/UT: City of Vaughan/ Regional Municipality of York Approval Authority File No.: OP.16.006 OLT Case No.: OLT-22-002276 Legacy Case No.: PL171353 OLT Lead Case No.: OLT-22-002276 Legacy Lead Case No.: PL171353 OLT Case Name: 1529749 Ontario Inc. (Torgan) v. Vaughan (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 1529749 Ontario Inc. (Torgan) Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit the development of a phased high-density project consisting of seven (7) mixed-use 27-storey towers contemplating approximately 1,800 residential units with at-grade commercial uses and 2,400 underground parking spaces, as well as two (2) low-rise commercial buildings, an above grade parking structure, three (3) levels of underground parking and a number of community and resident amenity areas Reference Number: Z.20.019 Property Address: 7700 Bathurst Street Municipality/UT: City of Vaughan/ Regional Municipality of York OLT Case No.: OLT-22-003057 OLT Lead Case No.: OLT-22-002276
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: 1529749 Ontario Inc. (Torgan) Subject: Proposed Official Plan Amendment No. 90 Municipality/UT: City of Vaughan OLT Case No.: OLT-22-004775 OLT Lead Case No.: OLT-22-004775 OLT Case Name: 1529749 Ontario Inc. (Torgan) v. York (Regional Municipality)
Heard: March 7, 2024 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| 7700 Bathurst LP and Promenade Limited Partnership | Joe Hoffman |
| City of Vaughan | Candace Tashos |
| 1529749 Ontario Inc. | Mary Flynn-Guglietti |
MEMORANDUM OF ORAL DECISION DELIVERED BY Hugh S. Wilkins ON MARCH 7, 2024 AND ORDER OF THE TRIBUNAL
1This Decision arises from Case Management Conferences (“CMCs”) held on March 7, 2024 for the proceedings in Tribunal Case Nos. OLT-22-002276 (formerly PL171353) and OLT-22-004775. The proceedings in Tribunal Case No. OLT-22-002276 consist of official plan and zoning by-law amendment appeals regarding a proposed large mixed-use development at 7700 Bathurst Street (“subject lands”) in the City of Vaughan (“City”). This was the tenth CMC in those proceedings. The proceeding in Tribunal Case No. OLT-22-004775 consists of the appeal of the City’s Official Plan Amendment No. 90 regarding the Promenade Centre Secondary Plan. This was the second CMC in that proceeding. The Tribunal ordered at a previous CMC that these two sets of proceedings are to be heard together.
2At the CMCs on March 7, 2024, the Tribunal addressed a request for an Order that 7700 Bathurst LP be substituted for 1529749 Ontario (“Torgan”) as the Appellant, addressed a request that the proceedings be heard together with the proceedings in another case (Tribunal Case No. OLT-22-002104), received an update on settlement discussions, provided directions on the preparation of a draft Procedural Order and Issues List, and scheduled further CMCs.
Request for Substitution
3Torgan was the original Appellant in the appeals in Tribunal Case No. OLT-22-002276 and OLT-22-004775. In January 2024, Torgan sold the subject lands to 7700 Bathurst LP, which plans to proceed with the appeals as filed by Torgan. At the CMCs, Torgan requested on consent that 7700 Bathurst LP be substituted as the Appellant in the proceedings. 7700 Bathurst LP confirmed that it has ownership and control of the subject lands and submitted that it is appropriate and necessary for it to assume the appeals as the Appellant. Reviewing Rule 8.2 of the Tribunal’s Rules of Practice and Procedure, the Tribunal found that the applicable legislative tests to be a Party have been satisfied and that 7700 Bathurst LP’s presence as the Appellant is necessary to enable the Tribunal to adjudicate effectively and completely on the issues. It directed that 7700 Bathurst LP is substituted for Torgan as the Appellant. With this direction, Torgan no longer has status in these proceedings.
4With the substitution of 7700 Bathurst LP for Torgan as the Appellant, Promenade Limited Partnership, which is a company related to 7700 Bathurst LP, stated that it is withdrawing as a Party in Tribunal Case Nos. OLT-22-002276 and OLT-22-004775. The Tribunal notes 7700 Bathurst LP’s withdrawal from these proceedings.
Request for these Proceedings to be Heard Together with those in Tribunal Case No. OLT-22-002104
5Prior to the CMCs, the City made a written request to the Tribunal that the proceedings presently before the Tribunal be consolidated with those in Tribunal Case No. OLT-22-002104. The proceedings in Tribunal Case No. OLT-22-002104 are related to numerous appeals of the City’s Comprehensive Zoning By-law, including an appeal of that By-law as it relates to the subject lands.
6The City stated that at a recent CMC in Tribunal Case No. OLT-22-002104, it made inquiries with the other Parties in those proceedings regarding whether they object to the proposed consolidation. It stated that none of the Parties in Tribunal Case No. OLT-22-002104 voiced opposition to the proposal. However, the City noted that the Tribunal in those proceedings provided no directions at the CMC or in the decision arising from it regarding the proposed consolidation.
7At the present CMCs, it was clarified that the request is that the proceedings be heard at the same time or heard one after the other, rather than be consolidated.
8Rule 16.1 states that the Tribunal may order that two or more proceedings, or any part of them, be consolidated, heard at the same time, or heard one after the other subject to any applicable statutory or regulatory restrictions. In order to make such an Order, the proceedings to be consolidated or heard together must be properly before the panel hearing the request. The Tribunal cannot make an Order relating to a proceeding that is not before it. This ensures procedural fairness so that the Parties in each of the affected proceedings receive notice of the proposed change and have a fair opportunity to provide inputs regarding it. Moreover, s. 3(5) of the Ontario Land Tribunal Act, 2021 states that the Chair of the Tribunal has general supervision and direction over the conduct of the affairs of the Tribunal, shall arrange the sittings of the Tribunal, and shall assign Tribunal Members to preside over proceedings. It is not the role of Members to decide for themselves which proceedings they will preside over.
9In the present circumstances, only the proceedings in Tribunal Case No. OLT-22-002276 and OLT-22-004775 are before this panel of the Tribunal. The proceedings in Tribunal Case No. OLT-22-002104 are not before it. Although the City made inquiries with the Parties in Case No. OLT-22-002104 regarding a request for consolidation, the Tribunal in those proceedings has made no findings and has given no directions regarding the request. Moreover, the inquiries made were regarding a request for consolidation rather than for an Order that the matters be heard at the same time or one after the other.
10The Tribunal Chair has not assigned the panel in the present proceedings to preside over the proceedings in Tribunal Case No. OLT-22-002104. If a CMC for Case No. OLT-22-002104 were scheduled by the Tribunal Chair to be heard at the same time as CMCs for the present proceedings, then the Tribunal Member would have the authority to make an Order and the Parties in each of the relevant proceedings would have notice and an opportunity to make inputs on the request. That is not the case in the present proceedings.
11The next CMC in Tribunal Case No. OLT-22-002104 is scheduled for June 10, 2024 at which a request to have the proceedings heard together can be made and an Order from the panel presiding at that CMC might be issued in relation to the proceedings in Case No. OLT-22-002104. As discussed below, the next CMCs in the present proceedings will be held later that month and, with directions possibly in hand from the panel in Tribunal Case No. OLT-22-002104 regarding the possibility of hearing the matters together, the panel in the present proceedings may then be in a position to properly address the request. This approach will not delay any of the proceedings and will not unfairly prejudice any of the Parties in the proceedings.
Update on Settlement Discussions
127700 Bathurst LP stated that it has been engaged in settlement discussions with the City regarding all of the relevant proceedings and the Parties expressed optimism regarding the prospects for a successful resolution of the appeals. They submitted that based on the advanced nature of the discussions, Tribunal-assisted mediation is not necessary at the present time. The Tribunal strongly encourages continuing settlement discussions and invites the Parties to request Tribunal-assisted mediation, if the need arises.
Draft Procedural Order and Issues List and the Scheduling of further CMCs
13With optimism that settlement discussions will continue to be productive, the Parties requested that further CMCs be scheduled for a date in June 2024. They submitted that if a proposed settlement is reached before that time, they will contact the Tribunal’s Case Coordinator and request that the CMCs be converted into a settlement hearing.
14The Tribunal scheduled further CMCs for Tribunal Case No. OLT-22-002276 and OLT-22-004775 for Wednesday, June 19, 2024 at 10:00 a.m. to proceed by video hearing.
15If a proposed settlement is reached before that time, the Tribunal requests that the Parties inform the Tribunal’s Case Coordinator and ask that the CMCs be converted to a settlement hearing. If a proposed settlement is reached, the Tribunal requests that the Parties send details of the proposed settlement to the Participants in these proceedings to enable the Participants to provide written submissions on the proposed settlement prior to the settlement hearing.
16If the Parties are unable to reach a proposed settlement, the Tribunal requests that the Parties file with the Tribunal a draft Procedural Order and Issues List for the appeals in Tribunal Case No. OLT-22-002276 and OLT-22-004775 by Monday, June 17, 2024 for finalization at the CMCs on June 19, 2024.
17Parties and Participants are asked to log in to the CMC video hearings on Wednesday, June 19, 2024 at least 15 minutes before the start of the event to test their video and audio connections:
GoTo Conference: https://global.gotomeeting.com/join/687587165
Access code: 687-587-165
18Parties 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
19Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling in to an audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889. The access code is the same as the access code noted above.
20Individuals 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 video hearing 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
21THE TRIBUNAL ORDERS THAT 7700 Bathurst LP is substituted for 1529749 Ontario Inc. as the Appellant in these proceedings.
22There will be no further notice.
23This Member is not seized.
"Hugh S. Wilkins"
HUGH S. WILKINS
VICE-CHAIR
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.