Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
May 16, 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:
April 29, 2024 by video hearing (“VH”)
APPEARANCES:
Parties
Counsel
1921318 Ontario Limited
John Alati Grace O’Brien
COLLECDEV (8868 Yonge) GP Inc.
Jason Park
City of Richmond Hill (“City”)
Carlton Thorne
Regional Municipality of York
Did not attend
MEMORANDUM OF ORAL DECISION DELIVERED BY K.R. ANDREWS ON April 29, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) respecting appeals by 1921318 Ontario Limited (“1921318”) and COLLECDEV (8868 Yonge) GP Inc. (“COLLECDEV”). The appeals arise following the passing of the Richmond Hill Centre Secondary Plan, which purports to establish area-specific policies identifying permitted land uses, built form, urban design, transportation and mobility, public realm, parks and open spaces, community facilities, sustainability, servicing, stormwater management and district energy.
2The Richmond Hill Centre Secondary Plan area is approximately 94 hectares in size and generally located at the intersection of Highway 7 and the CN Rail line. The area currently contains a mix of low, medium and high-density residential uses as well as office and ‘big box’ commercial uses.
31921318 owns land at 8790 Yonge Street, while COLLECDEV owns lands at 8868 Yonge Street. At the CMC, COLLECDEV confirmed that their appeal is scoped to be site specific, while 1921318 maintains that at least some of their appeal is area wide.
Service of Notice of CMC
4There is no issue with service of the Notice of this CMC, and so no further notice is required. The Tribunal is in receipt of the Affidavit of Service, which is marked as Exhibit 1.
Requests for Status
5No one attended the CMC seeking either Party or Participant status.
MEDIATION AND SETTLEMENT
6The Tribunal explored the possibility of mediation and settlement with the Parties. The Parties indicated that there have been some discussions towards resolution of at least some issues. The City and COLLECDEV, in particular, explained that they have had some productive discussions to help scope their issues. All of the Parties confirmed that they will continue such efforts, and they will keep the Tribunal apprised of any developments with their resolution efforts.
PROCEDURAL ORDER AND ISSUES LIST
7The Tribunal received proposed issues to include on the Issues List from both Appellants. However, the City indicated that they intend to bring a Motion to possibly strike some of the grounds for appeal stated by 1921318 and, consequently, took the position that it would be prudent to wait for that Motion to run its course before settling on an Issues List. Additionally, both Appellants confirmed that they are each undergoing site-specific Official Plan Amendment applications, which might lead to additional appeals with the Tribunal, and consequently those appeals might be heard at the same time as the present appeals, which, in turn, might involve an expanded all-encompassing Issues List.
8This is all to say that the Parties were in general agreement that it would be best to wait to present a draft Procedural Order (including Issues List) to the Tribunal, and instead deal with it at a subsequent CMC following the City’s Motion. The Tribunal is satisfied that this is a prudent approach.
MOTION AND SECOND CMC
9As mentioned, the City confirmed that they intend to bring a Motion to Dismiss at least some of the appeal by 1921318, and also to request an Order to bring into effect those parts of the contested OPA 41 that are not subject to an appeal.
10Consequently, upon request of the Parties, the Tribunal set a date to hear the City’s Motion, on Wednesday, June 19, 2024 at 10 a.m. by VH. The City is obliged to provide the usual notice of its Motion in accordance with the rules.
11Additionally, upon the further request of the Parties, the Tribunal set a second CMC commencing on Monday, December 9, 2024, at 10 a.m. by VH. No further Notice is required for the CMC.
12The hearings are scheduled to proceed by video as follows: June 19, 2024 at 10 a.m. (one-day Motion Hearing) GoTo Meeting: https://global.gotomeeting.com/join/709076365 Access code: 709-076-365 Audio-only telephone line: +1 (647) 497-9373 or (Toll Free) 1-888-299-1889 Audio-only access code: 709-076-365 December 9, 2024 at 10 a.m. (one-day CMC) GoTo Meeting: https://global.gotomeeting.com/join/979388733 Access code: 979-388-733 Audio-only line: +1 (647) 497-9373 or (Toll Free) 1-888-299-1889 Audio-only access code: 979-388-733
13Parties 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.
14Parties 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
15Persons 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.
16Individuals 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 and CMC 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
17The Tribunal Orders that the date and particulars of the City’s Motion and a second CMC are set out above. A draft Procedural Order shall be filed by the Parties in advance of said CMC.
18The Member is not seized but may be spoken to through the Case Coordinator if any issues arise.
“K.R. Andrews”
K.R. ANDREWS
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.