Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 06, 2024
CASE NO(S).: OLT-22-002268 (Formerly PL200265)
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Dundel Canada (GP) Inc.
Subject: Request to amend the Official Plan - Failure of the City of Toronto to adopt the requested amendment
Description: To permit a future mixed-use development, new public streets, and parks
Reference Number.: 18 206702 ESC 37 OZ
Property Address: 2200-2206 Eglinton Ave. E., Et Al
Municipality: City of Toronto
OLT Case No.: OLT-22-002268
Legacy Case No.: PL200265
OLT Lead Case No.: OLT-22-002268
Legacy Lead Case No.: PL200265
OLT Case Name: Dundel Canada (GP) Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Dundel Canada (GP) Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a mixed use, 3339 unit development
Reference Number.: 20 154599 ESC 21 OZ
Property Address: 2200-2206 Eglinton Ave. E., Et Al
Municipality: City of Toronto
OLT Case No.: OLT-21-001853
OLT Lead Case No.: OLT-22-002268
Legacy Lead Case No.: PL200265
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Dundel Canada (GP) Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a mixed use, 3339 unit development
Reference Number.: 21 166739 ESC 21 OZ
Property Address: 2200-2206 Eglinton Ave. E., Et Al
Municipality: City of Toronto
OLT Case No.: OLT-21-001854
OLT Lead Case No.: OLT-22-002268
Legacy Lead Case No.: PL200265
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Dundel Canada (GP) Inc.
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit a mixed use, 3339 unit development
Reference Number: 20 154640 ESC 21 SB
Property Address: 2200-2206 Eglinton Ave. E., Et Al
Municipality/UT: City of Toronto
OLT Case No.: OLT-22-003791
OLT Lead Case No.: OLT-22-002268
Heard: January 31, 2024, by video hearing
APPEARANCES:
Parties
Counsel
Dundeal Canada (GP) Inc.
Rodney Gill
David Bronskill (in absentia)
City of Toronto
Daniel Elmadany
Amanda Hill (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY A. MASON ON JANUARY 31, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Case Management Conference ("CMC") is the fourth convened in respect of an appeal filed pursuant to s. 51(34) of the Planning Act, R.S.O. 1990 c. P. 13, as amended ("Act") from the failure of the City of Toronto ("City") to make a decision within the statutory timeframes with respect to a Draft Plan of Subdivision application ("DPSA"). The appeal is filed by Dundeal Canada (GP) Inc. ("Appellant") for the lands municipally known as 2200 – 2206 Eglinton Avenue East, 1020 – 1030 Birchmount Road and 75 Thermos Road (the "Subject Lands").
2Appeals related to the failure to make a decision within the statutory timeframe under s. 22(7) and s. 34(11) with respect to applications for Official Plan Amendment and Zoning By-Law Amendment have been resolved and the DPSA is the only remaining appeal. The DPSA proposes to redevelop the Subject Lands with a mixed-use development containing multiple buildings on newly created roads, a private open space and public parks.
STATUS UPDATE
3Counsel for the Appellant provided an update to the Tribunal that the Parties have had ongoing discussions to resolve the remaining appeal but were not in a position to provide a draft Procedural Order and Issues List as had been anticipated in the previous CMC. As such, the Parties jointly requested a fifth CMC with specific deliverables in advance of same to continue to provide structure to their communication and cooperation.
FIFTH CASE MANAGEMENT CONFERENCE
4At the request of the Parties, the Tribunal scheduled a fifth CMC on Wednesday, March 20, 2024, at 10 a.m. by video hearing.
5Parties 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:
GoTo Meeting: https://meet.goto.com/278736685
Access code: 278-736-685
6Parties 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
7Persons 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) 1 888 455 1389 or +1 (647) 497-9391. The access code is 278-736-685.
8Individuals 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.
NEXT STEPS
9The Tribunal makes the following Directions:
a) The City shall make best efforts to identify to the Appellant as soon as possible whether there are any outstanding issues to be resolved with respect to the DPSA and, by no later than Tuesday, February 27, 2024, to ensure that all outstanding issues to be resolved are identified to the Appellant;
b) The City shall provide the Appellant with draft plan of subdivision conditions on a without prejudice basis by Tuesday, February 27, 2024;
c) The Appellant shall confirm to the City whether there are matters that require Tribunal assistance with respect to the DPSA by Monday, March 11, 2024; and
d) The Parties shall confirm to the Tribunal that they require the fifth CMC by Friday, March 15, 2024, and, if so, shall provide a draft Procedural Order and Issues List to be considered at that Hearing Event on the same date.
ORDER
10The Tribunal Orders the directions set out above.
11No further notice will be given.
12The Tribunal Member is not seized.
"A. Mason"
A. MASON
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.