Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 26, 2024
CASE NO(S).: OLT-23-000656, OLT-23-000657
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Lifetime Panda Mrkm Inc.
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit the development of a high rise mixed-use development
Reference Number: PLAN 20 123292
Property Address: 8200 Warden Ave
Municipality/UT: City of Markham
OLT Case No.: OLT-23-000657
OLT Lead Case No.: OLT-23-000656
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Lifetime Panda Mrkm Inc.
Subject: By-law No. 2023-85
Description: To permit the development of a high-rise mixed-use development
Reference Number: By-Law 2023-85
Property Address: 8200 Warden Ave.
Municipality/UT: City of Markham
OLT Case No.: OLT-23-000656
OLT Lead Case No.: OLT-23-000656
OLT Case Name: Lifetime Panda Mrkm Inc. v. Markham (City)
Heard: January 10, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel/Agent*
Lifetime Panda Mrkm Inc.
Sidonia Tomasella Naomi Mares
City of Markham
Maggie Cheung-Madar
MEMORANDUM OF ORAL DECISION DELIVERED BY J. INNIS ON January 10, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) respecting appeals by Lifetime Panda Mrkm Inc. (“Appellant”). The appeals arise following the City of Markham’s (“City”) adoption of Zoning By-law Amendment 2003-85 (“ZBL 2003-85”) and a failure to decide on a draft Plan of Subdivision (“DPS”) application to permit a high-rise mixed-use residential development comprising of four towers ranging in height from 34 to 37 storeys, and the creation of a public road within two development blocks on land known municipally as 8200 Warden Avenue.
Service of Notice of CMC
2There 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.
3Prior to the commencement of the CMC, the Tribunal did receive two Participant Status requests. Pursuant to the Notice that states “Attendance by the requestor, or their representative, at the CMC is required for all status requests”, those in attendance were canvassed to determine status. As no one attended seeking either Party or Participant Status, no status was granted.
MEDIATION AND SETTLEMENT
4The Tribunal explored the possibility of mediation and settlement with the Parties. The Parties both expressed openness to resolution discussions and/or Tribunal-led mediation. They further confirmed that they will keep the Tribunal apprised of any developments with their resolution efforts, which the Tribunal finds satisfactory.
PROCEDURAL ORDER AND ISSUES LIST
5The Parties do not wish to consolidate the case files and on consent requested that a two-day Merit Hearing be scheduled with respect to OLT-23-000656, an appeal of the ZBL 2003-85. As the scope of that appeal has been narrowed to two issues, being the provisions in ZBL 2003-85 relating to the Community Benefit Charge and the maximum number of units permitted, no draft Procedural Order or Issues List will be provided. The Tribunal finds this acceptable. The Parties are to advise the Tribunal on or before March 1, 2024 should a conversion of a Merit Hearing to a Settlement Hearing be required.
6The Parties requested that a second CMC be scheduled for the appeal related to the DPS (OLT-23-000657) to allow for technical discussions and the preparation of conditions required for a plan of subdivision. The Tribunal therefore finds it prudent to schedule a second CMC in order to consider the contents of a draft Procedural Order (“PO”) and Issues List (“IL”). The Tribunal advised the Parties that a draft PO and IL must be filed with the Tribunal, on consent, by April 26, 2024.
MERIT HEARING and SECOND CMC
7Upon request of the Parties, the Tribunal has set a 2-day Merit Hearing to commence for OLT-23-000656 on Thursday, March 07, 2024 at 10 a.m. and end on Friday, March 08, 2024. No further Notice is required for the Hearing.
8Upon request of the Parties, the Tribunal has set a second CMC Hearing to proceed for OLT-23-000657 on Friday, May 03, 2024 at 10 a.m.. No further Notice is required.
[9] The Hearings are scheduled to proceed by video as follows: OLT-23-000656 – Merit Hearing: Thursday, March 07, 2024 and Friday, March 08, 2024, beginning at 10 a.m. GoTo Meeting: https://global.gotomeeting.com/join/660145013 Access code: 660-145-013 Audio-only line: +1 (647) 497-9373 or Toll-Free 1-888-299-1889 Audio-only access code: 660-145-013 (as above, Access Code, OLT-23-000656)
OLT-23-000657 – CMC: Friday, May 03, 2024 at 10 a.m. GoTo Meeting: https://global.gotomeeting.com/join/914098901 Access code: 914-098-901 Audio-only telephone line: +1 (647) 497-9373 or Toll-Free 1-888-299-1889 Audio-only access code: 914-098-901 (as above, Access Code, OLT-23-000657)
10Parties and Participants are asked to log in to the Video Hearing at least 15 minutes before the start of the event to test their video and audio connections.
11Parties 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
12Persons 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.
13Individuals 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
14The Tribunal Orders that:
- the date and particulars of the Hearings are set out above;
- the Parties are to advise the Tribunal by March 1, 2024 should there be a need to convert the merit hearing to a Settlement Hearing for OLT-23-000656;
- the Parties are to provide the Tribunal, on consent, the draft Procedural Order and Issues List by April 26, 2024 for the second CMC for OLT-23-000657.
15The Member is not seized but may be spoken to through the Case Coordinator if any issues should arise.
“J. Innis”
J. INNIS 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.