ISSUE DATE: May 27, 2024

CASE NO.: OLT-24-000009

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Markham Suites Hotel Limited

Subject: Request to amend the Official Plan – Failure to adopt the requested amendment

Description: To permit a high density residential mixed-use development consisting of five new buildings and a public park

Reference Number: PLAN 20 128653

Property Address: 8500 Warden Avenue

Municipality: City of Markham

OLT Case No: OLT-24-000009

OLT Lead Case No: OLT-24-000009

OLT Case Name: Markham Suites Hotel Limited v. Markham (City)

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Markham Suites Hotel Limited

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description: To permit a high density residential mixed-use development consisting of five new buildings and a public park

Reference Number: PLAN 20 128653

Property Address: 8500 Warden Avenue

Municipality: City of Markham

OLT Case No: OLT-24-000010

OLT Lead Case No: OLT-24-000009

BEFORE: W. DANIEL BEST

Thursday, the 9th

MEMBER

day of May 2024

THESE MATTERS having come before the Tribunal for a case management conference on March 15, 2024;

AND THE TRIBUNAL ordered the submission of a draft Procedural Order on consent of all the parties;

AND THE TRIBUNAL having received the requested draft Procedural Order, on consent;

THE TRIBUNAL ORDERS that the Procedural Order attached hereto as Schedule “1” is in full force and effect.

“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.

SCHEDULE 1

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 hearing will begin on December 2, 2024 at 10:00 a.m. as directed in the Tribunal's Decision and Order.

3. The length of the hearing will be ten (10) 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 listed in Attachment 2 to this Order.

5. The Issues are set out in the Issues List attached as Attachment 3 to this Order. The Parts will attempt to resolve the issues prior to the hearing on the merits of the appeal. There will be no changes to the Issues List unless the Tribunal permits, and a Party who asks for changes may have costs awarded against it.

6. The order of evidence is 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 shall provide a mailing address, email address and a telephone number to the Tribunal. Any such person who retains a representative must advise the other Parties and the Tribunal of the representative’s name, address, email address and the phone number.

8. If the hearing is to proceed electronically, 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 (https://olt.gov.on.ca/guides/).

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, the expert witness(es)' curriculum vitae and Acknowledgement of Expert Duty form(s), and the order in which the witnesses will be called. This list must be delivered on or before August 9, 2024. For expert witnesses, a Party is to identify the area of expertise in which the witness is proposed to be qualified. Any challenges to the witness, including qualifications of a witness to give opinion evidence in the area of expertise proposed shall be made by motion in accordance with the Tribunal’s Rules and notice of same must be served on the other Parties on or before August 30, 2024

10. Expert witnesses in the same discipline(s) shall have at least one meeting before the hearing to try to resolve or reduce the issues for the hearing. The experts shall prepare a list of any agreed facts and the remaining issues to be addressed at the hearing, and provide this list to all of the Parties and the Tribunal on or before September 13, 2024, if agreement is reached.

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, and the curriculum vitae and Acknowledgment of Expert Duty Form previously provided as in Section 9. Copies must be provided as in Section 14. 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. For greater certainty, each expert witness statement must comply with the minimum content requirements specified in Rule 7 of the Tribunal’s Rules of Practice and Procedure. If the expert witness has prepared any report(s) that they intend to rely on at the hearing, and which did not form part of the submissions made to the City, such report(s) shall be provided to the other Parties at the same as the delivery of expert witness statements, as in Section 14.

12. A witness or participant must provide to the Tribunal and the Parties a witness statement or participant statement, respectively, on or before October 18, 2024, or the witness may not give oral evidence at the hearing. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

13. 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 Section 14.

14. On or before October 18, 2024, the Parties shall provide copies of their expert witness statements (full disclosure including reports) to the other Parties.

15. On or before October 25, 2024, the Parties may provide to all other Parties a written response to any written evidence.

16. On or before October 28, 2024, the Parties shall advise the Tribunal of whether any hearings dates scheduled for this matter may be released from the Tribunal's calendar. This request may only be made on consent of all of the Parties. If no hearing dates are intended to be released from the Tribunal's calendar, no Party is required to advise the Tribunal anything further in that regard.

17. On or before November 18, 2024, the Parties shall provide copies of their visual evidence to all of the other Parties. The Tribunal and all Parties shall be notified if a model will be used, all Parties must have a reasonable opportunity to view it before the scheduled commencement of the hearing.

18. A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. Such a motion shall be in accordance with the Tribunal’s Rule 10, which requires that the moving Party provide copies of the motion to all other Parties at least 15 days before the Tribunal hears the motion.

19. A Party who provides a witness’ written evidence 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.

20. On or before November 25, 2024, the Parties shall prepare and file a detailed Work Plan that identifies the following, at a minimum: the identified Parties participating in the Hearing Event, preliminary matters (if any to be addressed), the date a witness is intended to attend the Tribunal, the identified witness name/expertise, and the approximate time allotted for Examination in Chief, Cross Examination and any re-examination (if any) (the “Work Plan”). The Work Plan should be adhered to guide the Hearing Event to the best ability of all the Parties, and any and all witnesses shall be available on the identified date(s), unless otherwise directed by the Tribunal. The Tribunal may, at its discretion, change or alter the Work Plan throughout the Hearing Event.

21. The Parties shall prepare a Joint Document Book on or before November 22, 2024, and which one (1) hard copy will be filed with the Tribunal as soon as practicable in advance of the Hearing. All Parties must be served with the Joint Document Book in paper or an accessible electronic format in accordance with Section 23.

22. If the applicant intends to seek approval of a revised proposal at the hearing, the applicant shall provide copies of the revised proposal, including all revised plans, drawings, proposed instruments, updated supporting documents and reports, to the other Parties on or before June 30, 2024. The applicant acknowledges that any revisions to the proposal after that date without the consent of the Parties may be grounds for a request to adjourn the hearing.

23. All filing of documents and materials shall be electronic to the Tribunal, the Parties and Participants (if any). The Tribunal will be provided a hard copy of documents and materials in advance of the hearing event as soon as practicable. 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. All documents to be filed with the Tribunal shall be organized, tabbed and digitally searchable and such materials will be filed in accordance with directions contained in the Tribunal’s Video Hearing Guide, dated July 2, 2020, or as may be amended. Section 23 applies regardless if the hearing event is in-person or electronic.

24. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness or as permitted by Section 22. The Tribunal’s Rule 17 applies to such requests.

25. The Tribunal may conduct mediation on consent of all Parties, on consent of those Parties who wish to participate in mediation, or if the Tribunal sees fit.

26. The purpose of this Procedural Order and the meaning of the terms used in this Procedural Order are set out in Attachment 5.

This Member is not seized.

So orders the Tribunal.

BEFORE:

Name of Member ) Date:

TRIBUNAL REGISTRAR

ATTACHMENT 1

SUMMARY OF DATES

DATE

EVENT

June 30, 2024

Last date to provide copies of revised proposal, including all revised plans and drawings (if any)

August 9, 2024

Exchange of witness lists (names, disciplines and order to be called)

August 30, 2024

Last date to challenge identification of expert witness

September 13, 2024

Experts meeting prior to this date

September 13, 2024

Agreed Statement of Facts

October 18, 2024

Exchange of Witness Statements, summoned witness outlines, Expert Reports and Participant Statements

October 25, 2024

Exchange of Reply Witness Statements (if any)

October 28, 2024

Parties to Advise Tribunal if any hearing dates are to be released from the hearing calendar (if any)

November 18, 2024

Exchange of visual evidence (if any)

November 22, 2024

Finalize Joint Document Book

November 25, 2024

Final Work Plan filed with the Tribunal

December 2, 2024

Hearing commences

ATTACHMENT 2

LIST OF PARTIES AND PARTICIPANTS

A. PARTIES

Counsel/*Agent

Markham Suites Hotel Limited

David Bronskill/Joe Hoffman Goodmans LLP Bay Adelaide Centre - West Tower 333 Bay Street, Suite 3400 Toronto, ON M5H 2S7 David Bronskill Email: dbronskill@goodmans.ca Tel: 416.597.4299 Joe Hoffman Email: jhoffman@goodmans.ca Tel: 416.597.5168

City of Markham

Maggie Cheung-Madar City of Markham, Legal Services 101 Town Centre Boulevard Markham, ON L3R 9W3 Email: mcheung-madar@markham.ca Tel: (905) 477-7000, x. 3583

York Region Standard Condominium Corporation No. 1122

Russell Cheeseman/Stephanie Fleming Municipal Law Chambers, Royal Building 277 Lakeshore Road East, Suite 211 Oakville, ON L6J 1H9 Russell Cheeseman Email: rdcheese@aol.com Tel: (416) 955-9529 Stephanie Fleming Email: sfleming@mlawc.com Tel: (416) 955-9533, x. 106

B. PARTICIPANTS

Aryeh Construction Limited Jennifer Meader (TMA Law) (905) 529-3476, x. 2740 jmeader@tmalaw.ca

Unionville Residents Association Peter Miasek (416) 526-9132 peter.miasek@rogers.com

ATTACHMENT 3

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 or appropriate. The identification of an issue on this list by a Party indicates that Party’s intent to lead evidence or argue that the issue is relevant to the proceeding, for the purpose of fairly identifying to the other Parties the case they need to meet and shall not be construed as the Tribunal have jurisdiction over such matters in each circumstance. Accordingly, no Party shall advance an issue not identified on the Issues List without leave of the Tribunal.

A. City of Markham

PLANNING ACT

1. Do the proposed amendments have appropriate regard for matters of provincial interest including having regard to Section 2 of the Planning Act, in particular:

a. Subsection (m) the co-ordination of planning activities of public bodies;

b. Subsection (j) the adequate provision of a full range of housing, including affordable housing;

c. Subsection (r) the promotion of built form that,

i. is well-designed,

ii. encourages a sense of place, and

iii. provides for public spaces that are of high quality, safe, accessible, attractive and vibrant.

2. Do the proposed amendments have appropriate regard for the decision(s) of the municipal council, including Development Services Committee, and any information and material that the approval authority received as required by Section 2.1 of the Planning Act?

PROVINCIAL POLICY STATEMENT (2020) [PPS]

3. Are the proposed amendments consistent with the policies of the 2020 Provincial Policy Statement given the location of the subject lands and considering the level of intensification proposed, and in particular, reading the PPS in its entirety, and applying the relevant policies:

a. Managing and Directing Land Use to Achieve Efficient and Resilient Development and Land Use Patterns (1.1.1, 1.1.2, 1.1.3).

b. 1.4 Housing.

c. 1.5 Public spaces.

d. 4.0 Implementation and Interpretation.

A PLACE TO GROW: GROWTH PLAN FOR THE GREATER GOLDEN HORSESHOE (2020) [GROWH PLAN]

4. Are the proposed amendments in conformity with the policies of the Growth Plan, and in particular, reading the Growth Plan in its entirety, and applying the relevant policies:

a. 1.2.1 Guiding Principles;

b. 2.2.1 Managing Growth, in particular 2.2.1.4.(c) and (e).

c. 2.2.2 Delineated Built Up Areas, in particular 2.2.2.3.

d. 2.2.3 Urban Growth Centres, in particular 2.2.3.1, 2.2.3.2.(b).

e. 2.2.4 Transit Corridors and Station Areas, in particular 2.2.4.

f. 2.2.6 Housing, in particular 2.2.6.1.(a), (b), (d).

YORK REGION OFFICIAL PLAN

5. Are the proposed amendments in conformity with, and do they maintain the intent of, the policies of the York Region official plan, and in particular:

a. 2010 official plan, including 5.4 Regional Centres and Corridors, particularly 5.4.6, 5.4.7, 5.4.12, 5.4.20, 5.4.21, 5.4.29 and 5.4.34.

b. 2022 official plan, including 4.4 Intensification, particularly 4.4.21, 4.4.24 and 4.4.42.

MARKHAM OFFICIAL PLAN

6. Are the proposed amendments in conformity with, and do they maintain the intent of, the policies of the City’s official plan, and in particular:

a. 1987 Official plan, particularly:

i. Section 3, Land Use:

1. 3.4.2b). d)

2. 3.4.6.2 d)

b. 2014 Official Plan, particularly:

i. 4.3.5 Parks and Open Space Acquisition, Design and Improvement

ii. 6.1.6 Parks and Open Spaces

iii. 8.3.4 Mixed Use High Rise

iv. 9.12 Markham Centre

v. 10.0 Implementation

c. OPA 21 – Central Area Planning District, particularly:

i. 2.2 Goal

ii. 2.3.2.b) Residential Development

iii. 2.3.7 Open Space and Recreation

iv. 3.2.1.3 Highway 7 Corridor

v. 3.3 Organizational Components

vi. 3.5 Physical Structure

vii. 3.6 Built Form

viii. 3.7 Streetscape

ix. 3.8 Building Heights

x. Section 4 – Land Use Policies

1. 4.1.2 Policy Implementation

2. 4.3.2 Community Amenity Area

3. 4.3.2.3 Community Amenity – Major Urban Place

4. Do the proposed amendments represent an appropriate level of density and intensification for the subject lands, and does the proposed density and intensification conform with, or maintain the intent of the City’s intensification strategy as implemented through the City’s official plan?

5. What weight, if any, should be given to the following planning matters:

a. 2022 York Region Official Plan;

b. 2014 Markham Official Plan; and

c. Markham Centre Secondary Plan Recommended Development Concept and Markham Resolutions?

SITE SPECIFIC MATTERS

9. Do the proposed amendments facilitate a development that fits appropriately with the existing and emerging context regarding site layout, building height, density, mass, setbacks, and the public realm?

10. Does the proposed development provide for an appropriate implementation of the landmark locations policies contained in OPA 21?

11. Do the proposed development and proposed parkland dedication provide an appropriate park size, location, and configuration?

12. Is the proposed development to incorporate a strata underground parking structure beneath the proposed public park appropriate and acceptable?

13. Are the proposed parking standards including the dimensions of parking spaces and the parking rates for non-residential uses appropriate?

14. Has the proposed development adequately addressed the City’s comments on the Stormwater Management and Functional Servicing Brief submitted from January and April 2021, including water supply and sanitary capacity constraints?

PUBLIC INTEREST

15. Do the proposed amendments represent good land use planning and the public interest?

16. Is the form and content of the Zoning By-law Amendment appropriate?

17. Does the proposed development include an appropriate amount of affordable housing?

CONDITIONS AND IMPLEMENTATION

18. In the event that the Tribunal allows the appeal in whole or in part, is it appropriate to apply holding provisions to the Zoning By-law Amendment to address the following matters:

a. Servicing infrastructure, including a revised Stormwater Management and Functional Servicing Report containing a Water Supply Analysis and a Sanitary Capacity Analysis to address the City’s comments to the satisfaction of the City’s Director of Engineering; and

b. a revised Transportation Impact Study, Functional Traffic Design Study, and an enhanced Transportation Demand Management (TDM) Plan, to address the City’s comments dated August 28, 2023 including but not limited to active transportation facility design along Courtyard Lane and parking demand monitoring program for each development phase as part of the enhanced TDM measures, to the satisfaction of the City’s Director of Engineering.

19. In the event that the Tribunal approves the proposed amendments, in whole or in part, should the final Order be withheld until the following matters are satisfied:

a. The applicant has entered into any agreements require to secure any upgrades or improvements to the existing municipal infrastructure should they be required, all to the satisfaction of the City; and

b. The proposed Official Plan and Zoning By-law Amendments are satisfactory to the City in form and with content?

B. York Region Standard Condominium Corporation No. 1122

The York Region Standard Condominium Corporation No. 1122 relies on and adopts the issues list of the City of Markham.

ATTACHMENT 4

ORDER OF EVIDENCE

1. Markham Suites Hotel Limited

2. City of Markham

3. York Region Standard Condominium Corporation No. 1122

4. Markham Suites Hotel Limited (reply if any)

ATTACHMENT 5

Purpose of the Procedural Order and Meaning of Terms

Party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other Parties, and making submissions on all of the evidence. If an unincorporated group wishes to become a Party, it must appoint one person to speak for it, and that person must accept the other responsibilities of a Party as set out in the Order. Parties do not have to be represented by a lawyer, and may have an agent speak for them. The agent must have written authorization from the Party.

NOTE that a person who wishes to become a Party before or at the hearing, and who did not request this at the Case Management Conference, must ask the Tribunal to permit this.

Participant is an individual, group or corporation, whether represented by a lawyer or not, who may attend only part of the proceeding but who makes a written statement to the Tribunal on all or some of the issues in the hearing in accordance with Rule 7.7 of the Tribunal’s Rules of Practice and Procedure.

NOTE that such persons will likely not receive notice of a mediation or conference calls on procedural issues. They also cannot ask for costs, or review of a decision as Parties can.

Written and Visual Evidence:

Written evidence includes all written material, reports, studies, documents, letters and witness statements which a Party intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.

Visual evidence includes photographs, maps, videos, models, and overlays which a Party intends to present as evidence at the hearing.

Witness Statements:

A witness statement is a short written outline of the person’s background, experience and interest in the matter; a list of the issues which the witness will discuss and the witness’ opinions on those issues; and a list of reports that the witness will rely on at the hearing.

An expert witness statement should include the expert’s (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness’ opinions on those issues and the complete reasons for the opinions and (5) a list of reports that the witness will rely on at the hearing.

A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a list of the issues which the participant will address and a short outline of the evidence on those issues; and a list of reports, relied upon, if any, which the participant will provide to the Tribunal for consideration of the written statement at the hearing.

Additional Information:

Summons: A Party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons. This request must be made before the time that the list of witnesses is provided to the Tribunal and the Parties (see Rule 13 on the summons procedure). If the Tribunal requests it, an affidavit must be provided indicating how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the affidavit, it will require that a motion be heard to decide whether the witness should be summoned.

The order of examination of witnesses: is usually direct examination, cross-examination and re-examination in the following way:

• direct examination by the Party presenting the witness;
• direct examination by any Party of similar interest, in the manner determined by the Tribunal;
• cross-examination by Parties of opposite interest;
• re-examination by the Party presenting the witness; or
• another order of examination mutually agreed among the Parties or directed by the Tribunal.