Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 10, 2025
CASE NO(S).: OLT-24-001251
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Rongmin Li and Mankit Chan Appellant: Weihong Yang Subject: Proposed Official Plan Amendment No. 770 Description: To permit the Redesignation and Park Extension Area of Subject Properties Reference Number: 24 178628 NNY 15 TM Property Address: 389, 391, 393 Broadway Avenue Municipality: City of Toronto OLT Case No.: OLT-24-001251 OLT Lead Case No.: OLT-24-001251 OLT Case Name: Li et al. v. Toronto (City)
Heard: April 4, 2025 by Video Hearing
APPEARANCES:
| Parties | Counsel / Representative* |
|---|---|
| Rongmin Li and Mankit Chan | Amber Stewart |
| Weihong Yang | Amber Stewart |
| Broadway Area Residents Association | Jesper Thoft* |
| Salar Heidar Damghani | Amber Stewart |
| City of Toronto | Michelle LaFortune, Jessica Braun (in-absentia) |
MEMORANDUM OF ORAL DECISION DELIVERED BY Gregory J. Ingram ON April 4, 2025 AND ORDER OF THE TRIBUNAL
INTRODUCTION AND BACKGROUND
1This is the first Case Management Conference (“CMC”) with respect to appeals launched by Rongmin Li and Mankit Chan owners of 389 Broadway Avenue, and Weihong Yang owner of 393 Broadway Avenue (collectively “the Broadway Owners” / “Appellants”), against the City of Toronto’s (“City”) Official Plan Amendment 770 – Redesignation and Park Extension Area of Subject Properties (“OPA 770”) pursuant to section 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended. OPA 770 was adopted by the City on November 14, 2024.
2The Broadway Owners filed an appeal of all three provisions of OPA 770 namely, the decision enacted by the City to redesignate 391 Broadway, as Parks on Map 17 of the Official Plan, to redesignate 391 Broadway as Existing/Approved Parks on Map 21-8 of the Secondary Plan, and to re-designate 389 and 393 Broadway, as Park Expansion Areas on Map 21-8 of the Secondary Plan (“Subject Lands”).
3The Subject Lands are currently designated as Neighborhoods and the abutting lands to the east and south, are designated Mixed Use Areas on Map 17 of the City’s Official Plan.
4OPA 770 was initiated in the context of a site-specific redevelopment application for the property located at 2-20 Glazebrook Avenue, which is to the south of the Subject Lands. The owner of that site filed an application to permit a 34-storey mixed use building, which was then appealed before the Tribunal. Through this process, the City accepted a settlement offer by the owner in February 2024, which included the property at 391 Broadway Avenue, in the development site.
CMC
5At the onset of this CMC, Counsel for the Appellants and City indicated that deliberations are ongoing between the Parties and that it would be premature to participate in any formal settlement discussions at this time. The Appellants provided a draft Procedural Order (“PO”) prior to these proceedings and indicated that the City received the Issues List on April 3, 2025, so require more time to review and provide feedback to the Appellants. The Parties requested that the Tribunal set aside five days for a Merit Hearing in early Fall along with a Telephone Conference Call soon so that the Tribunal may assist the Parties in finalizing the Issues List if needed.
6Notice of this CMC was confirmed through the Affidavit of Service sworn by Darren Armoogam on February 24, 2025, and entered into evidence as Exhibit 1. No further notice is required.
PARTY STATUS REQUESTS
7Party Status was granted to the Broadway Area Residents’ Association and Salar Heidar Damghani given their involvement in the municipal process, the planning-related concerns identified in their applications, their commitment to fully participant in the proceedings, and with the consent of the Appellants and the City.
8No further status applications will be considered by the Tribunal.
NEXT STEPS
9A Telephone Conference Call (“TCC”) was scheduled for Friday, May 9, 2025, commencing at 9 a.m. to resolve any outstanding problems the Parties are having with confirming a final draft PO. The Tribunal directs the Parties to request an adjournment of the TCC by Friday, May 2, 2025, if it is not required. The draft PO is due to the Tribunal by Friday, May 16, 2025.
Friday, May 9, 2025 at 9 a.m. (1-day Telephone Conference Call) Audio-only telephone line: 416-212-8012 or (Toll free) +1-866-633-0848 Audio-only access code: 4779874
10Individual(s) are directed to call 416-212-8012 or (Toll Free) +1-866-633-0848 on the assigned date at the correct time. When prompted, enter the conference line code 4779874 to be connected to the call. It is the responsibility of the person(s) participating in the call to ensure that they are properly connected to the call and at the correct time. Questions prior to the call may be directed to the Tribunal’s Case Coordinator having carriage of this case.
11The Tribunal set a five-day Merit Hearing to proceed by video commencing on Monday, September 22, 2025, at 10 a.m. and ending on Friday, September 26, 2025.
Monday, September 22, 2025 at 10 a.m. (5-day Merit Hearing) GoTo Meeting: https://global.gotomeeting.com/join/927921077 Access Code: 927-921-077 Audio-only telephone line: +1 (647) 497-9391 or (Toll Free) +1-888-299-1889 Audio-only access code: 927-921-077
12Parties and Participants are asked to log in to the events at least 15 minutes before it begins to test their video and audio connections as appropriate:
13Parties and/or 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 GoTo Meeting or a web application is available: https://app.gotomeeting.com/home.html
14Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line.
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 event to ensure that they are properly connected at the correct time. Questions prior to the event may be directed to the Tribunal’s Case Coordinator.
16The Member is not seized, and no further notice is required.
ORDER
17THE TRIBUNAL ORDERS THAT:
- The dates and particulars of the Merit Hearing and Telephone Conference Call are set out above, beginning in paragraph [9].
- Party Status be granted as outlined in paragraph [7] above.
“Gregory J. Ingram”
GREGORY J. INGRAM 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.