Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
August 30, 2024
CASE NO(S).:
OLT 22-004648
OLT 22-004744
PROCEEDING COMMENCED UNDER section 42(4.9) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellants:
See Attachment 1
Subject:
Parkland Dedication By-law
Description:
New City of Toronto Parkland Dedication By-law
Reference Number:
BL 1144-2022
Property Address:
City Wide
Municipality:
City of Toronto
OLT Case No:
OLT-22-004648
OLT Lead Case No:
OLT-22-004648
OLT Case Name:
1583617 Ontario Ltd. et al. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
Amdev Property Group
Appellant:
CentreCourt Developments
Appellant:
Rimap & Main Developments Inc.
Appellant:
Brimley Progress Developments Inc.
Subject:
Proposed Official Plan Amendment No. 588
Description:
To provide an alternative parkland dedication rate
Reference Number:
OPA 588
Property Address:
City-wide
Municipality:
City of Toronto
OLT Case No.:
OLT-22-004744
OLT Lead Case No.:
OLT-22-004744
OLT Case Name:
Amdev Property Group v. Toronto (City)
Heard:
August 8, 2024, by video hearing
APPEARANCES:
Parties
Counsel/Representative
To OLT 22-004648
See ATTACHMENT 1
See ATTACHMENT 1
To OLT 22-004744
Amdev Property Group
Rodney Gill
(David Bronskill in absentia)
Brimley Progress Developments Inc.
Rodney Gill
(Max Laskin in absentia)
CentreCourt Developments
Rodney Gill
(David Bronskill in absentia)
Rimap and Main Developments Inc.
Rodney Gill
(David Bronskill in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY SHARYN VINCENT ON AUGUST 8, 2024, AND ORDER OF THE TRIBUNAL
1The Tribunal convened the first event, a case management conference to hear submissions from the Parties with respect to the four appeals against Official Plan Amendment No. 588 ("OPA 588"), which amends the current policies with respect to alternative parkland dedications within the City of Toronto (“City”). At the request of the City, the matter was scheduled together with 20 appeals against By-law No. 12144-2022, being the related instrument governing the City’s prescribed alternative parkland rates. The four Appellants to OPA 588 are amongst the 20. There were no additional requests for Party or Participant status in either of the related appeals.
2The City, uncontested by the Parties to either matter, requested that the related appeals be consolidated. It however is the determination of the Tribunal that the circumstances foundational to the site specific appeals of the OPA are distinguishable from the generally common grounds filed as the basis to the appeals to the implementing By-law No. 1144-2022.
3The Tribunal therefore found at this time, that given it is expected that Council will revisit both the instruments subject of the appeals at such time as the yet to be released regulation necessary to implement the proclaimed revisions to s. 42 of the Planning Act are brought into effect, the matters should be scheduled to be heard together, but not consolidated. The Tribunal heard no submissions challenging this ruling.
4Counsel for the City advised that discussions continue with the Appellants in anticipation of the release of the regulation, however, no date for the regulation is on the horizon.
5The Parties therefore requested that the matter be held in abeyance and that the City be directed to provide a written status report to the Tribunal before year’s end.
ORDER
6THE TRIBUNAL ORDERS the City file with the Tribunal a written status report prior to December 20, 2024.
7No further notice is required and the Member, although not seized, may assist in any case management matters if called upon by the Parties.
“Sharyn Vincent”
SHARYN VINCENT
VICE-CHAIR
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.
ATTACHMENT 1
List of Parties
Appeal No.
Appellant Name
Representative
1
Dunpar Developments Inc.
Luke Johnston and Michael Nemanic
2
Brimley Progress Developments Inc.
Max Laskin
3
1583617 Ontario Ltd. et al.
Paul DeMelo
4
Carlton Tower Limited
Adam Brown
5
YSC Development Corp.
Adam Brown
6
5205 Yonge Inc.
Calvin Lantz
7
2470347 Ontario Inc.
Calvin Lantz
8
2509225 Ontario Inc.
Calvin Lantz
9
Krugarand Corporation and 82 Bloor Street West Holdings Ltd.
Calvin Lantz
10
St. Clair Caledonia Limited
Calvin Lantz
11
CentreCourt Developments
David Bronskill
12
Amdev (Beamish)LP
David Bronskill
13
Rimap & Main Developments Inc.
David Bronskill
14
Starlight Group Property Holdings Inc.
Andrew Jeanrie
15
Fengate Capital Management Ltd.
Andrew Jeanrie
16
Feed Developments Ltd.
Andrew Jeanrie
17
Mattamy Urban Neighbourhoods Inc.
Andrew Jeanrie
18
Oxford Properties Group
Andrew Jeanrie
19
Westerkirk Capital Inc.
Andrew Jeanrie
20
Tribute (Jopling) Limited
David Bronskill
APPROVAL AUTHORITY
21
City of Toronto
Nathan Muscat
ATTACHMENT 2
Appeal No.
Appellant
Representative
1
Dunpar Developments Inc.
City Wide
Luke Johnston and Michael Nemanic (in absentia)
2
Brimley Progress Developments Inc.
1680 Brimley Road
Max Laskin
3
1583617 Ontario Ltd. et al.
25 Mabelle Avenue
Paul DeMelo (in absentia)
4
Carlton Tower Limited
2 Carlton Street
Adam Brown
5
YSC Development Corp.
1406-1428 Yonge Street
Adam Brown
6
5205 Yonge Inc.
5203-5215 Yonge Street and 11 Parkview Avenue
Calvin Lantz
7
2470347 Ontario Inc.
1245 Dupont Street and 213 Emerson Avenue
Calvin Lantz
8
2509225 Ontario Inc.
2550 Victoria Park Avenue and 2, 4, and 6 Lansing Square
Calvin Lantz
9
Krugarand Corporation and 82 Bloor Street West Holdings Ltd.
80 and 82 Bloor Street West
Calvin Lantz
10
St. Clair Caledonia Limited
1500, 1520 and 1536 St. Clair Avenue West and 20, 32, 34 and 36 Caledonia Road
Calvin Lantz
11
CentreCourt Developments
Etobicoke Centre (CentreCourt Lands)
David Bronskill
12
Amdev (Beamish)LP
4-10 Beamish Drive
David Bronskill
13
Rimap & Main Developments Inc.
5238 Dundas Street West and 28 Jopling Avenue South
David Bronskill
14
Starlight Group Property Holdings Inc.
Multiple properties within the geographic boundary of the City of Toronto
Andrew Jeanrie
15
Fengate Capital Management Ltd.
Multiple properties within the geographic boundary of the City of Toronto
Andrew Jeanrie
16
Feed Developments Ltd.
Multiple properties within the geographic boundary of the City of Toronto
Andrew Jeanrie
17
Mattamy Urban Neighbourhoods Inc.
Multiple properties within the geographic boundary of the City of Toronto
Andrew Jeanrie
18
Oxford Properties Group
Multiple Properties within the geographic boundary of the City of Toronto
Andrew Jeanrie
19
Westerkirk Capital Inc.
Multiple Properties within the geographic boundary of the City of Toronto
Andrew Jeanrie
20
Tribute (Jopling) Limited
8-26 Jopling Avenue South
David Bronskill