Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 24, 2024
CASE NO(S).: OLT-23-000092
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Mattamy (Eglinton) Limited
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit a mixed-use development with residential blocks, park block, road widening blocks, and lands for public streets
Reference Number: 20 224768 ESC 20 SB
Property Address: 1891 Eglinton Avenue East
Municipality/UT: City of Toronto
OLT Case No.: OLT-23-000092
OLT Lead Case No.: OLT-23-000092
OLT Case Name: Mattamy (Eglinton) Limited v. Toronto (City)
Heard: July 9, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel
Mattamy (Eglinton) Limited
Andrew Jeanrie Stephanie Brazzell
City of Toronto
Amanda Hill Daniel Elmadany (in absentia) Nathan Muscat (in absentia)
IPEX Inc.
Adrian Frank Jason Park (in absentia)
Metro Ontario Real Estate Limited
Conner Harris Sarah Spitz (in absentia)
Canadian Tire Real Estate Limited
Matthew Lakatos-Hayward Signe Leisk (in absentia) Jennifer Evola (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY S. BOBKA ON JULY 9, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the third Case Management Conference (“CMC”) regarding an appeal filed by Mattamy (Eglinton) Limited (“Appellant”) pursuant to s. 51(34) of the Planning Act regarding the failure of the City of Toronto (“City”) to make a decision within the required timeframe regarding the proposed Plan of Subdivision for the property municipally known as 1891 Eglinton Avenue East.
UPDATE
2Counsel for the Appellant explained that an Interim Order was issued by the Tribunal in April 2024 approving a related Official Plan Amendment (“OPA”) and a Zoning By-law Amendment (“ZBA”) for part of the site. Mr. Jeanrie highlighted that the Appellant is very focused on getting shovels in the ground for Phase 1 of the development, which is located at the northwest corner of Pharmacy Avenue and Eglinton Avenue East. Currently, there is an Environmental Assessment (“EA”) being conducted in the Golden Mile to determine the future location of roads. This involves the southern part of the site where the Appellant has planned for additional future development in a subsequent phase. Following recent discussions with the City, the Applicant suggested that scheduling a further CMC in the fall of 2024 would allow time for the EA process to unfold, while ensuring that the current subdivision appeal continues to advance appropriately.
3Counsel for the City highlighted that the EA was ongoing for the Golden Mile area and that a final report on the matter would be before City Council no later than December 2024. Ms. Hill also stated that part of the process regarding the subdivision application is ensuring that it aligns with the OPA and ZBA and noted that a new draft plan was submitted to the City on June 17, 2024. She confirmed that the City supported the proposal for a subsequent CMC.
4Counsel for the remaining Parties also confirmed support for a subsequent CMC.
Tribunal-Led Mediation
5The Tribunal highlighted the availability of Tribunal-led mediation and advised the Parties to contact the Case Coordinator should they wish to pursue this option and begin the intake process.
NEXT STEPS
6Upon review and consideration, the Tribunal agreed with the proposed path forward and scheduled a fourth CMC on Thursday, October 31, 2024 at 10 a.m. by Video Hearing.
7Parties and participants 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:
https://global.gotomeeting.com/join/979388733
Access code: 979-388-733
8Parties 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
9Persons 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: (Toll Free) 1-888-299-1889 or +1 (647) 497-9373. The access code is same as mentioned above.
10Individuals 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.
11In advance of the CMC, the Parties provided the Tribunal with a very preliminary draft Procedural Order (“PO”). The Tribunal directed that a complete draft PO, including Issues List, be filed for consideration on or before Thursday, October 17, 2024.
ORDER
12The Tribunal Orders that a Case Management Conference is scheduled as indicated in paragraph [6].
13There will be no further notice.
14The Member is not seized on this matter.
“S. Bobka”
S. BOBKA
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.