Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 06, 2024
CASE NO(S).: OLT-23-000959
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: KS Eglinton Square Inc. and KS Engelhart GP Inc.
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit a mixed-use development including mid-rise and tall buildings, public parks, commercial and retail uses, a childcare centre and affordable rental units
Reference Number: 21 208865 ESC 20 SB
Property Address: 1 – 70 Eglinton Square, 1431 and 1437 Victoria Park Avenue, and 14, 18, 22, and 26 Engelhart Crescent
Municipality/UT: Toronto / Toronto
OLT Case No.: OLT-23-000959
OLT Lead Case No.: OLT-23-000959
OLT Case Name: KS Eglinton Square Inc. and KS Engelhart GP Inc. v. Toronto (City)
Heard: January 25, 2024 by video hearing
APPEARANCES:
Parties KS Eglinton Square Inc. and KS Engelhart GP Inc. Counsel Anne Benedetti
Parties City of Toronto Counsel Nathan Muscat Amanda Hill (in absentia) Daniel Elmadany (in absentia) Catherine Oatway (student at law)
Parties Metro Ontario Real Estate Limited Counsel Brynn Leger Conner Harris
MEMORANDUM OF ORAL DECISION DELIVERED BY Kurtis Smith and G.A. Croser ON Janaury 25, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference (“CMC”) with respect to an appeal filed by KS Eglinton Square Inc. and KS Engelhart GP Inc. (“Applicant” or “Appellant”) regarding the failure of the City of Toronto (“City”) to make a decision within the statutory timeframe prescribed in the Planning Act (“Act”) on a Draft Plan of Subdivision (“DPS”) application relating to the properties municipally known as 1 – 70 Eglinton Square, 1431 and 1437 Victoria Park Avenue, and 14, 18, 22, and 26 Engelhart Crescent (“Subject Lands”)
2The Appellant is proposing a phased redevelopment of the Subject Lands from a shopping centre surrounded by surface parking to a transit-supportive mixed-use community. The DPS is the anticipated next step for the Subject Lands following the settlement decision issued on August 12, 2022 for OLT Case No. OLT-22-003152 pertaining to an Official Plan (“OP”) and Zoning By-law Amendments (“ZBA”).
3The Tribunal received and marked the Affidavit of Service of the Notice of the CMC sworn by Mina Siskopoulos as Exhibit 1. There were no issues with the service of Notice of the CMC, and as such, no further notice is required.
PARTY AND PARTICIPANT STATUS REQUEST
4Prior to the commencement of the CMC the Tribunal received one Party status request and no Participant status requests.
5The Party status request was received from Metro Ontario Real Estate Limited (“Metro”). Conner Harris, Counsel for Metro communicated to the Tribunal that his client is the owner of the land municipally known as 40 Eglinton Square, which is located immediately east of the Subject Lands. The Metro lands are currently in the midst of their own mixed-use redevelopment. Mr. Harris has already supplied their draft issues list (“IL”) to the Appellant and further explained that their interest is narrow and is more so a “watching brief” to ensure that the approvals of OLT Case No. OLT-22-003152 are adhered to.
6The Appellant and the City did not object to the request.
7The Tribunal granted Party status to Metro, on consent of the parties, as Metro will help with the fair and efficient resolution of this matter.
8The Tribunal noted the significant number of observers to the CMC and indicated that if an individual wishes to seek Participant Status, they are to complete the Participant Status Request form, to be submitted to the Case Coordinator 10 days in advance to the second CMC as scheduled below.
MEDIATION
9Anne Benedetti, Counsel for the Appellant, stated that a mediation session has been scheduled for February 7, 2024, to advance the resolution of the issues of the appeal. Ms. Benedetti requested that a second CMC be scheduled in March following the mediation discussions. At that time the Draft Procedural Order (“DPO”) and scoped IL could be considered in addition to scheduling a hearing of the merits.
SECOND CASE MANAGEMENT CONFERENCE
10As mentioned above, the Appellant requested that a second CMC be scheduled following the mediation session. All Parties agreed that a second CMC should be scheduled for late March or early April.
11The Tribunal scheduled a second CMC by video on Tuesday, April 2, 2024, at 10 a.m. At that time the Tribunal will consider the DPO, IL, procedural matters, and to schedule the hearing of the merits.
12Parties 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
13Parties 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
14Persons 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: +1(647) 497-9373 or (Toll-Free) 1-888-299-1889. The access code is as indicated above.
15Individuals 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
16THE TRIBUNAL ORDERS as follows:
a. That Metro Ontario Real Estate Limited is granted Party Status in these proceedings.
b. That a second Case Management Conference is scheduled for Tuesday, April 2, 2024, at 10 a.m. by video hearing as set out above.
17The Panel is not seized but may be contacted through the Case Coordinator should procedural issues arise.
“Kurtis Smith”
Kurtis Smith
Member
“G.A. Croser”
G.A. Croser
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.