Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
May 20, 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:
May 9, 2025 by Telephone Conference Call
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
MEMORANDUM OF ORAL DECISION DELIVERED BY Gregory J. Ingram ON May 9, 2025, AND ORDER OF THE TRIBUNAL
1This Telephone Conference Call (“TCC”) was held 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 s. 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.
2A Case Management Conference was held regarding these matters on April 6, 2025, and the following were determined:
Party status was granted to Broadway Area Resident’s Association and Salar Heidar Damghani;
A five-day hearing was set to begin on September 22, 2025;
A TCC was scheduled for May 9, 2025, to support the Parties in finalizing an Issues List (“IL”) if required; and
A draft Procedural Order (“PO”) due date was set for Friday, May 16, 2025.
TCC
3The Parties, on consent, requested that the Tribunal consider an adjournment of the first two of the days set for a hearing of the merits due to a scheduling conflict for the City, and reschedule it to begin on Wednesday September 24, 2025, or at the end of October.
4The City also requested that a date be set for a Motion for Direction hearing regarding an issue in the draft IL relating to the redesignation of the property municipally known as 391 Broadway Avenue from Neighbourhoods to Park. The City’s position is that the redesignation does not require approval by the Tribunal as the matter is outside of its jurisdiction whereas the Appellant takes the position that it is an issue that the Tribunal has the authority to adjudicate.
5Counsel for the City submitted that Rule 10.3 of the Tribunal Rules of Practice and Procedure (“Rules”), be applied in determining the timeline for the Motion process:
The moving party shall serve a notice of written motion within 15 days of receipt of this notice. Parties wishing to respond to a written motion shall serve a response within 7 days of the date of the moving party’s notice of written motion. A moving party may reply to a response within 3 days of the date of the written response.
6The Appellant consents with addressing the City’s position through a Motion and emphasized that they will continue to deliberate with the City on the matter and requested that the Tribunal be open to postponing the Motion Hearing date if the Parties are nearing agreement on the issue.
Next Steps
7The Tribunal, having considered the submissions from the Parties, adjourned the hearing dates originally set, confirmed motion hearing dates as per Rule 10 of the Rules, and set a due date for a draft PO including a final draft of the IL.
8The Tribunal set a Motion Hearing to proceed in writing on Thursday, June 12, 2025, commencing at 10 a.m. As per Tribunal Rule 10, the Parties are directed to adhere to the following deadlines:
Notice of Motion from the City served 15 days before motion, by Wednesday May 28, 2025;
Notice of Response to motion served seven days before motion, by Thursday June 5, 2025;
Reply Submission from Moving Party three days before the motion date, by Monday June 9, 2025.
9The Tribunal, with the consent of the Parties, directed the Appellant to provide the other Parties and the Tribunal, with a draft PO by Friday, May 16, 2025.
10The Tribunal also adjourned the five-day Merit Hearing previously set to commence on September 22, 2025, and set new dates for a five-day hearing to proceed by video commencing on Wednesday, September 24, 2025, at 10 a.m. and ending on Wednesday, October 1, 2025. The Tribunal will not be sitting on Tuesday, September 30, 2025.
GoTo Meeting: https://global.gotomeeting.com/join/927921077
Access Code: 927-921-077
11Parties 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:
12Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling in to an audio-only telephone line: +1 (647) 497-9391 or (Toll-Free) 1-888-299-1889. The Access Code is as indicated above.
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 Parties adhere to the dates and particulars as set out above beginning in Paragraph [8].
“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.