Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 22, 2024
CASE NO(S).: OLT-23-000852
PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S. O. 2006, c. 11 Sched A.
Applicant/Appellant: Mattamy (Eglinton) Limited
Subject: City of Toronto Site Plan Approval
Description: Site Plan application for a Mixed use development
Reference Number: 22 203392 ESC 20 SA
Property Address: 1891 Eglinton Avenue E (1891 Eglinton Ave. East)
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-23-000852
OLT Case Name: Mattamy (Eglinton) Limited v. Toronto (City)
Heard: August 12, 2024, by Video Hearing
APPEARANCES:
Parties
Counsel/Representative
Mattamy (Eglinton) Limited
Andrew Jeanrie Stephanie Brazzell
City of Toronto
Daniel Elmadany Nathan Muscat Amanda Hill (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY KURTIS SMITH ON August 12, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION/BACKGROUND
1This was the second Case Management Conference (“CMC”) regarding an appeal filed by Mattamy (Eglinton) Limited (“Applicant”) against the City of Toronto (“City”) due to the failure to make a decision regarding a Site Plan application under s. 114(15) of the City of Toronto Act (“Act”), respecting the lands municipally known as 1891 Eglinton Avenue East in the City (“Subject Lands”).
2As outlined in the first CMC decision issued on December 21, 2023, by Member N. Eisazadeh, the Site Plan application appeal relates to one of four separate applications regarding the overall development proposal for the Subject Lands.
3Since the time of the first CMC, the Parties arrived at a resolution for the related Official Plan and Zoning By-law appeals (OLT-22-001974). However, the planning instruments are not yet in the final form. The City indicated that they are hopeful that those matters will be completed by the end of the month (August 2024).
NEXT STEPS
4The Tribunal was in possession of the draft Procedural Order (“PO”). However, it did not include the City’s Issues List (“IL”). The City noted that until the Zoning By-law is in final form, the City is not in a position to review the Site Plan application to determine the IL, if any, for this appeal.
The Position of the Parties
Applicant
5Mr. Jeanrie, Counsel for the Applicant, requested that the Hearing of the Merits be scheduled, indicating that a five-day hearing block would be ample time. He argued that scheduling the hearing would assist in a fair, just, expeditious and cost-effective resolution of the issues (Rule 19.1.L of the Tribunal’s Rules of Practice and Procedure), elaborating that the Applicant is incurring a sizeable monthly expense while waiting for a resolution.
City
6Mr. Elmadany and Muscat, Counsel for the City, requested that a subsequent CMC be scheduled in October or November to provide additional time for the pending finalization of the Zoning By-law to fully determine the IL for this matter.
7The Tribunal considered the submissions of the Parties and determined that without the full understanding of the IL, the Tribunal is not in the position to schedule a Merit Hearing and scheduled an additional CMC on Friday, November 1, 2024.
8The Tribunal directed the Parties to provide the Case Coordinator with an update and, if available at the time, the PO and IL by Wednesday, October 16, 2024.
9Parties 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.
GoToMeeting: GoToMeeting: https://global.gotomeeting.com/join/979388733 Access Code: 979-388-733
10Parties 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
11Persons 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 as indicated above.
12Individuals 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 CMC 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
13The presiding Tribunal Member is not seized.
“Kurtis Smith”
Kurtis Smith 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.