Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 02, 2024
CASE NO(S).: OLT-23-000793
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended.
Appellant: BRL Realty Inc.
Appellant: TerraBona 7115 Yonge Ltd.
Description: Proposed Official Plan Amendment 42
Reference Number: PR 22 260697
Property Address: City-wide
Municipality/UT: Markham/York
OLT Case No: OLT-23-000793
OLT Lead Case No: OLT-23-000793
OLT Case Name: BRL Realty Inc. v. Markham (City)
Heard: January 16, 2024, by Video Hearing
APPEARANCES:
Parties
Counsel
City of Markham
Pitman Patterson
Brett Davis
BRL Realty Inc.
Ian Andres
TerraBona 7115 Yonge Ltd.
Max Laskin
MEMORANDUM OF ORAL DECISION DELIVERED BY W. DANIEL BEST ON JANUARY 16, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This first Case Management Conference (“CMC”) was conducted for the Appeal by BRL Realty Inc. and TerraBona 7115 Yonge Ltd. (Collectively, the “Appellants”) of the proposed Official Plan Amendment No. 42 (“OPA 42”) by the City of Markham (“City”).
2Overall, it is the Appellants position that OPA 42 in the form adopted by City Council does not represent good planning; is not consistent with the overall direction of the Provincial Policy Statement 2020 and does not conform with the Growth Plan for the Greater Golden Horseshoe 2019, or the Region of York Official Plan, all of which support an efficient and coordinate approach to planning and development.
3The Affidavit of Service of Alecia Henningham sworn on December 6, 2023, affirming compliance with respect to the Directions as to service of the Notice of this CMC is marked as Exhibit 1. No further notice is required.
4No requests for Party status were received.
5No requests for Participant status were received.
6The Parties are aware of the availability of Tribunal-led Mediation. The Parties advised that formal Mediation may be premature, but advised of their ongoing discussions and working collaboratively.
OVERVIEW AND NEXT STEPS
7The City circulated a draft Procedural Order (“PO”) which was presented to the Tribunal. The Tribunal requested that a revised draft PO be submitted, on consent, to ensure that the Issues of all Parties are included, and that the appropriate dates for exchange of documents and meetings of expert witness are reflected. Counsel for the City was directed to submit the draft PO to the Case Coordinator no later than 4:30 p.m. on Tuesday, January 23, 2024.
8On Monday, January 22, 2024, a request to extend the date to submit the draft PO to the Case Coordinator on or before Thursday, February 1, 2024, was received. This extension was granted.
9On Thursday, February 1, 2024, a request to extend the date to submit the draft PO to the Case Coordinator on or before Tuesday, February 6, 2024, was received. This extension was granted.
10The Tribunal directs that the final Draft PO be filed with the Case Coordinator by the revised date of Tuesday, February 6, 2024 for consideration and examination of the scoped Issues List, and to deem the PO to be in force and effect to govern the proceedings at the Hearing of the Merits scheduled below.
11Based on the discussions during the CMC regarding the Issues and the expected number of witnesses each Party will rely on, the Panel determined that it would be reasonable to schedule the Hearing for five (5) days.
12The Tribunal was advised of a potential Motion request for a written Hearing prior to a Hearing of the Merits. On consent of the Parties, it was agreed that the Case Coordinator would be contacted by Friday, March 1, 2024, for such a request. The agreed upon exchange protocol is in accordance with Rule 10 of the OLT Rules of Practice and Procedures as follows:
The City would serve a Notice of Motion on Monday, March 18, 2024;
The Appellants would serve a Notice of Response to the Motion on Monday, March 25, 2024;
The City would serve a Reply Submission on Thursday, March 28, 2024; and
The Parties request that the Motion Hearing would be in writing and held on Monday, April 1, 2024.
13A Hearing of the Merits is scheduled to commence on Monday, June 17, 2024, at 10 a.m.
HEARING TECHNICAL DETAILS
14Parties 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:
GoToMeeting: https://meet.goto.com/558205565
Access Code: 558-205-565
15Persons 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: +1 (647) 497-9373 or Toll-Free 1-888-299-1889. The Access Code is as indicated above.
16Parties 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
17Individuals 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
18The Tribunal Orders its directions and rulings as set out above.
19There will be no further notice.
20The Member is not seized but remains available through the Case Coordinator should the need arise.
“W. Daniel Best”
W. Daniel best
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.