Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 03, 2024
CASE NO(S).: 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 Avenue
Municipality/UT: City of Markham
OLT Case No.: OLT-23-000657
OLT Lead Case No.: OLT-23-000657
OLT Case Name: Lifetime Panda Mrkm Inc. v. Markham (City)
Heard: June 26, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel
Lifetime Panda Mrkm Inc.
Sidonia Tomasella
City of Markham
Maggie Cheung-Madar
MEMORANDUM OF ORAL DECISION DELIVERED BY T.F. NG AND MICHAEL MENEZES ON June 26, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the second Case Management Conference (“CMC”) regarding the appeal filed by Lifetime Panda Mrkm Inc. (“Appellant”) pursuant to s. 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended (“Act”), concerning the plan of subdivision for lands known municipally as 8200 Warden Avenue in the City of Markham.
2The Application seeks to facilitate the development of a mixed-use high rise of four residential towers and to create two new development blocks and a new public road. The height ranges from 34 to 37 storeys.
3There was another appeal under s. 34(19) of the Act, Tribunal Case File No. OLT-23-000656 which was, as requested by Parties, disposed of separately through a hearing on May 8, 2024, by another panel of the Tribunal.
STATUS REQUESTS
4There were no further status requests at the CMC.
SETTLEMENT
5The Parties informed the Tribunal that they have resolved the draft plan and draft plan conditions on the evening before the CMC and have requested that the matter, if thought fit by the Tribunal, be set down for a written hearing.
DISPOSITION
6The Tribunal finds the request reasonable and directs the Parties to file a witness affidavit in support of the consent settlement together with the relevant settlement materials to the Case Coordinator on or before Friday, August 16, 2024.
7Upon receipt of the documents stated in paragraph [6] above, the Case Coordinator will schedule a written hearing for the said matter.
8THE TRIBUNAL SO ORDERS.
9These Panel Members are not seized.
“T.F. NG”
T.F. NG
Member
“MICHAEL MENEZES”
MICHAEL MENEZES
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.