Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 31, 2025
CASE NO(S).: OLT-23-001274
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Eastside Chevrolet Buick GMC Ltd.
Subject: Request to amend the Official Plan – Refusal of the application
Description: To permit the development of two 40-storey mixed-use residential buildings containing approximately 852 residential units, connected by a 6-storey podium containing commercial space on the first two floors
Reference Number: PLAN 23 114260
Property Address: 8435 Woodbine Avenue
Municipality/UT: City of Markham/ Regional Municipality of York
OLT Case No.: OLT-23-001274
OLT Lead Case No.: OLT-23-001274
OLT Case Name: Eastside Chevrolet Buick GMC Ltd. v. Markham (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Eastside Chevrolet Buick GMC Ltd.
Subject: Application to amend the Zoning By-law – Refusal of the application
Description: To permit the development of two 40-storey mixed-use residential buildings containing approximately 852 residential units, connected by a 6-storey podium containing commercial space on the first two floors
Reference Number: PLAN 23 114260
Property Address: 8435 Woodbine Avenue
Municipality/UT: City of Markham/ Regional Municipality of York
OLT Case No.: OLT-23-001275
OLT Lead Case No.: OLT-23-001274
Heard: March 27, 2025 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Eastside Chevrolet Buick GMC Ltd. | Justine Reyes, Daniel Artenosi (in absentia) |
| 2226524 Ontario Inc. | Aaron Platt, Katryna Vergis-Mayo (in absentia) |
| Knob Hill Farms Limited | Alan Heisey (in absentia) |
| Toronto and Region Conservation Authority | Matthew Rutledge, Tim Duncan (in absentia) |
| City of Markham | Maggie Cheung-Madar, Piper Morley |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. Dixon ON March 27, 2025 AND ORDER OF THE TRIBUNAL
INTRODUCTION
Background
1This Decision and Order arises from the second Case Management Conference (“CMC”) held regarding appeals filed by Eastside Chevrolet Buick GMC Ltd. (“Appellant”) pursuant to ss. 22(7) and 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended, concerning applications to amend the City of Markham (“City”) Official Plan and Zoning By-law (“Applications”) for lands known municipally as 8435 Woodbine Avenue (“Subject Lands”).
2The Applications seek to facilitate the development of the Subject Lands with two 40-storey mixed-use residential buildings connected by a six-storey podium containing commercial uses.
3City Council refused to approve the Applications and the appeals were filed on that basis.
Parties and Participants
4At the first CMC, three requests for Party status were granted by the Tribunal for:
- 2226524 Ontario Inc.;
- Knob Hill Farms Limited; and
- Toronto and Region Conservation Authority.
5Smart Centres REIT was granted Participant status at the first CMC.
UPDATE ON SETTLEMENT DISCUSSIONS
6Counsel for the Appellant advised the Tribunal that the Parties reached a settlement in principle on February 14, 2025 and have been working collaboratively since that time to finalise same.
7Counsel for the Appellant further advised the Tribunal that revised plans and draft instruments were circulated to the Parties on March 20, 2025. While it is anticipated that there may be required changes to the settlement materials and draft instruments, all Parties agreed that the built form being proposed was not at issue.
8Given the ongoing settlement discussions, counsel for the Appellant requested that a further CMC be scheduled in the near future to provide the Parties with additional time to review and (hopefully) finalise the settlement materials. Counsel submitted that the requested CMC could be converted to a Hearing on the Merits of a settlement should the required materials be finalised in advance of same.
NEXT STEPS
9The Tribunal agreed to schedule a further CMC, with the caveat that the Parties adhere to specific procedural dates for the exchange of materials. The Parties agreed, and the Tribunal directed, that the following procedural dates be followed in advance of the next CMC:
- Counsel for the Appellant is to circulate any revised application materials to the Parties by no later than Monday, April 7, 2025;
- The Parties are to review the materials and provide a response to the Appellant by no later than Monday, April 14, 2025;
- Counsel for the Appellant is to provide the Tribunal with an update confirming whether the next CMC is still required and/or if same should be converted to a Hearing on the Merits of a settlement, by no later than Monday, April 21, 2025; and
- If a settlement is reached, all materials in support of same are to be provided to the Tribunal and Parties by no later than Monday, April 28, 2025.
NEXT CMC
10The Tribunal scheduled a third CMC, to be held by Video Hearing, for Thursday, May 8, 2025, at 10 a.m.
11Parties 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:
GoTo Meeting: https://global.gotomeeting.com/join/765631861;
Access Code: 765-631-861
12Parties 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.
13Persons 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: +1-647-497-9391 or (Toll Free) 1-888-455-1389. The Access Code is as indicated above.
14Individuals 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 Video Hearing 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
15THE TRIBUNAL ORDERS that the following procedural dates shall govern these proceedings in advance of the next Case Management Conference on May 8, 2025:
- Counsel for the Appellant is to circulate revised application materials to the Parties by no later than Monday, April 7, 2025;
- The Parties are to review the revised materials and provide a response to the Appellant by no later than Monday, April 14, 2025;
- Counsel for the Appellant is to provide the Tribunal with an update confirming whether the next CMC is still required and/or if same should be converted to a Hearing on the Merits of a settlement, by no later than Monday, April 21, 2025; and
- If a settlement is reached, all materials in support of same are to be provided to the Tribunal and Parties by no later than Monday, April 28, 2025.
“S. Dixon”
s. dixon
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.