Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: January 26, 2024

CASE NO.: OLT-22-004187

PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: 2697331 Ontario Inc.

Subject: Proposed Official Plan Amendment No.

Description: To permit the development of three (3) residential apartment buildings and twelve (12) townhouse blocks

Reference Number: OPA-2022-02

Property Address: 1289 Wellington Street East

Municipality/UT: Aurora/York

OLT Case No.: OLT-22-004187

OLT Lead Case No.: OLT-22-004187

OLT Case Name: 2697331 Ontario Inc. v. Aurora (Town)

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

Applicant and Appellant: 2697331 Ontario Inc.

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

Description: To permit the development of three (3) residential apartment buildings and twelve (12) townhouse blocks

Reference Number: ZBA-2022-02

Property Address: 1289 Wellington Street East

Municipality/UT: Aurora/York

OLT Case No.: OLT-22-004188

OLT Lead Case No.: OLT-22-004187

BEFORE:

C. HARDY MEMBER

Friday, the 26th day of January, 2024

THE TRIBUNAL ORDERS that further to the Decision issued on December 21, 2023, the Procedural Order, as agreed to between the Parties and attached hereto as Schedule “A”, shall be in force and effect for the purpose of governing the required procedures leading up to and including the hearing, which is scheduled to commence on February 26, 2024.

“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 (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.

SCHEDULE A

CASE NO(S).: OLT-22-004187

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

Applicant/Appellant: 2697331 Ontario Inc. Subject: Proposed Official Plan Amendment Description: To permit the development of three (3) residential apartment buildings and twelve (12) townhouse blocks Reference Number: OPA-2022-02 Property Address: 1289 Wellington Street East Municipality/UT: Town of Aurora/ The Regional Municipality of York OLT Case No: OLT-22-004187 OLT Lead Case No: OLT-22-004188 OLT Case Name: 2697331 Ontario Inc. v. Aurora (Town)

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

Applicant/Appellant: 2697331 Ontario Inc. Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit the development of three (3) residential apartment buildings and twelve (12) townhouse blocks Reference Number: ZBA-2022-02 Property Address: 1289 Wellington Street East Municipality/UT: Town of Aurora/ The Regional Municipality of York OLT Case No: OLT-22-004187 OLT Lead Case No: OLT-22-004188 OLT Case Name: 2697331 Ontario Inc. v. Aurora (Town)

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 video hearing will begin on Monday February 26, 2024 at 10 a.m., for a duration of 10 days.

Link: https://global.gotomeeting.com/join/927921077

Access code: 927-921-077

3. The parties’ initial estimation for the length of the hearing is 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.

4. The parties and participants identified at the first case management conference held on December 1, 2022, are set out in Attachment 1.

5. The issues are set out in the Issues List attached as Attachment 2. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.

6. The order of evidence shall be as set out in Attachment 3 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. A summary of the applicable procedural dates, as outlined at paragraphs 10 to 24 of this Order, is set out in Attachment 4.

8. Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.

9. 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.

Requirements Before the Hearing

10. 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 and the order in which they will be called. This list must be delivered on or before October 9, 2023 and in accordance with paragraph 23 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.

11. Expert witnesses in the same field shall have a meeting on or before January 12, 2024 and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before January 16, 2024.

12. 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. Copies of this must be provided as in paragraph 14 below. 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.

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 paragraph 14 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 14 below.

14. On or before January 22, 2024 the parties shall provide copies of their expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 23 below.

15. On or before January 22, 2024 a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 23 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

16. Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence within ten (10) days after the evidence is received and in accordance with paragraph 23 below.

17. On or before December 20, 2023 the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

18. On or before February 5, 2024, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 23 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

19. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before February 9, 2024.

20. A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.

21. A party who provides written evidence of a witness 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.

22. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before Monday February 12, 2024 with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.

23. All filings shall be submitted electronically and in hard copy. 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.

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

This Member is [not] seized. So orders the Tribunal.

Meaning of terms used in the Procedural Order:

A 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. An unincorporated group cannot be a party and 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 authorisation 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 (CMC), must ask the Tribunal to permit this.

A participant is an individual or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a party may do so). Section 17 of the Ontario Land Tribunal Act states that a person who is not a party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A participant may also be asked questions by the parties should the Tribunal direct a participant to attend a hearing to answer questions on the content of their written submission.

A participant must be identified and be accorded participant status by the Tribunal at the CMC. A participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A participant cannot ask for costs, or review of a decision, as a participant does not have the rights of a party to make such requests of the Tribunal.

Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party or participant 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 or participant intends to present as evidence at the hearing.

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 he or she will discuss ; and a list of reports or materials that the witness will rely on at the hearing.

An expert witness statement should include his or her (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 supporting their opinions and conclusions and (5) a list of reports or materials that the witness will rely on at the hearing. An expert witness statement must be accompanied by an acknowledgement of expert’s duty.

A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a statement of the participant’s position on the appeal; a list of the issues which the participant wishes to address and the submissions of the participant on those issues; and a list of reports or materials, if any, which the participant wishes to refer to in their statement.

Additional Information

A summons may compel the appearance of a person before the Tribunal who has not agreed to appear as a witness. A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons through a request. (See Rule 13 on the summons procedure.) The request should indicate how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the information provided in the request that the evidence is relevant, necessary or admissible, the party requesting the summons may provide a further request with more detail or bring a motion in accordance with the Rules.

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.

ATTACHMENT 1

List of Parties and Participants

Parties:

1. 2697331 Ontario Inc. c/o Katarzyna Sliwa & Jessica Jakubowski Dentons Canada LLP 416.863.4628 kat.sliwa@dentons.com jessica.jakubowski@dentons.com

2. The Town of Aurora c/o Andrew Biggart Partner, Ritchie Ketcheson Hart & Biggart LLP 416.622.6601 Abiggart@ritchieketcheson.com

Attachment 2

ISSUES LIST

The identification of an issue does not mean that all parties agree that such issues, or the manner in which the issue is expressed, is appropriate or relevant to the determination of the Tribunal at the hearing. The extent to which these issues are appropriate or relevant to the determination of the Tribunal at the hearing will be a matter of evidence and argument at the hearing.

Issues List of the Town of Aurora

1. Do the proposed applications have regard for matters of Provincial interest as outlined in the Planning Act, including Section 2 a), f), h), h.1), j), m), n), o), p), q) and r).

2. Are the proposed applications consistent with the Provincial Policy Statement, 2020, (PPS), given the location and context of the subject lands and the density proposed, with specific consideration for sections: 1.1.1, 1.1.3.1, 1.1.3.2, 1.4, 1.5.1, 1.6.6.1, 1.6.6.2, 1.6.6.6, 1.6.6.7, 1.6.7, 1.7.1, 1.8.1, 2.1, 2.2 and 3.1?

3. Do the proposed applications conform to A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020), as amended, with specific consideration for sections: 2.2.1, 2.2.7, 3.2.2, 3.2.3, and 4.2.10?

4. Do the proposed applications conform to the Town of Aurora Official Plan and OPA 30 (Bayview Northeast 2B Secondary Plan), with specific consideration for Official Plan sections 3.1, 3.3, 4.1 b), 4.2, 4.3, 4.4, 5.1, 5.2, 6.1, 6.2, 6.3, 6.4, 6.5, 6.7, 6.11, 12.1, 12.5, 12.6.1, 12.6.2, 12.6.3, 12.6.4 and 14?

5. Should the height of the proposed development have a maximum of 7-storeys as originally submitted?

6. Are the proposed applications appropriate in terms of compatibility with the existing area and in terms of avoiding land use planning impacts on the surrounding community?

7. Are the proposed applications appropriate given that the scale and planned level of intensification is for lands that are located outside of the Town’s strategic growth areas, including the Aurora Promenade and GO Major Transit Station Area?

8. How do the proposed applications support sustainable planning and complete community development, given that the lands are outside of the GO Major Transit Station Area and more walkable mixed-use Aurora Promenade Area, specifically recognizing Town of Aurora Official Plan policies 1.1b); 2.0; 2.1 a) i, ii, iii, vii, ix, xii; 3.0; 3.1 a), b) and c); 3.2 vii); 3.3 b) and d); 4.2 d); 14.1 a), b), c), d) and k); 5.2 f); and 14.2 a).

9. How does this proposed level of intensification for these lands impact the viability and planned function of other strategic growth areas of the Town, recognizing Town of Aurora Official Plan policies 2.1 a) i; 3.0; 3.1 a), b) and c); 3.2; 3.3 b) and d); and 14.1 k).

10. Do the proposed applications provide adequate parking supply, including visitor parking, and transportation and traffic management internally as well as for the surrounding area to accommodate the level of intensification and density being proposed to accommodate the level of intensification and density being proposed, specifically recognizing Town of Aurora Official Plan policies 2.1a) i, ii, iii, vii, ix; 3.0; 3.1 a), b) and c); 3.2 vii); 3.3 b) and d); 4.2 d); 14.1 a), b), c), d) and k); and 14.2 a).

11. Do the proposed applications represent appropriate urban design and have regard for the streetscape and public realm in addressing matters including height, scale, siting, transitions, building articulation, setbacks, buffers and screening, recognizing Town of Aurora Official Plan policies 4, 4.1, 4.2, and 4.3.?

12. Does the proposed application accommodate sufficient amenity areas for residents?

13. Is a Holding provision required to be added to the proposed Zoning By-law with respect to any potential servicing capacity constraints?

Attachment 3

Order of Evidence

1. 2697331 Ontario Inc.
2. Town of Aurora
3. 2697331 Ontario Inc. (in reply)

ATTACHMENT 4

Summary of Procedural Dates

Event	Date
List of Witnesses	October 9, 2023
Revised addenda to be provided to the Town	December 15, 2023
Town to confirm Issues	December 22, 2023
Meeting of Experts	January 12, 2024
Statement of Agreed Facts/Opinions	January 16, 2024
Witness and Expert Witness Statements	January 22, 2024
Participant Statements	January 22, 2024
Confirmation of Hearing Dates	December 20, 2023
Reply Witness and Expert Witness Statements	February 2, 2024
Visual Evidence	February 5, 2024
Joint Document Book	February 9, 2024
Preliminary Hearing Plan	February 12, 2024
Hearing	February 26, 2024