Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 21, 2025
CASE NO(S).: OLT-22-004824 OLT-22-002785 (Formerly PL140743)
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Dorsay (Residential) Developments Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the development of 18-storey and 20-storey residential buildings with a ground floor community facility and/or ground floor retail space on the West Parcel and a 17-storey residential building with ground floor retail on the East Parcel for a total of 661 residential units in both parcels
Reference Number: PLAN 20 127887
Property Address: East and west sides of Circa Drive, north of Highway 7 East and legally described as Part of Lot 11, Concession 4 and Part of Block 3 of 65M-2503
Municipality/UT: City of Markham/ Regional Municipality of York
OLT Case No.: OLT-22-004824
OLT Lead Case No.: OLT-22-004824
OLT Case Name: Dorsay Development Corporation v. Markham (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Dorsay (Residential) Developments Inc.
Subject: Application to amend the Zoning By-law – Neglect to make a decision
Description: To permit the development of 18-storey and 20-storey residential buildings with a ground floor community facility and/or ground floor retail space on the West Parcel and a 17-storey residential building with ground floor retail on the East Parcel for a total of 661 residential units in both parcels
Reference Number: PLAN 22 260438
Property Address: East and west sides of Circa Drive, north of Highway 7 East and legally described as Part of Lot 11, Concession 4 and Part of Block 3 of 65M-2503
Municipality/UT: City of Markham/ Regional Municipality of York
OLT Case No.: OLT-23-000151
OLT Lead Case No.: OLT-22-004824
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Referred by: Dorsay (Residential) Developments Inc.
Subject: Site Plan
Description: To permit the development of 18-storey and 20-storey residential buildings with a ground floor community facility and/or ground floor retail space on the West Parcel and a 17-storey residential building with ground floor retail on the East Parcel for a total of 661 residential units in both parcels
Reference Number: SPC 23-121041
Property Address: East and west sides of Circa Drive, north of Highway 7 East and legally described as Part of Lot 11, Concession 4 and Part of Block 3 of 65M-2503
Municipality/UT: City of Markham/ Regional Municipality of York
OLT Case No.: OLT-23-000889
OLT Lead Case No.: OLT-22-004824
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant (jointly): Angus Glen Holdings Inc., Angus Glen North West Inc. & North Markham Landowners Group
Appellant (jointly): Beechgrove Estates Inc., Minotar Holdings Inc., Cor-Lots Developments, Cherokee Holdings & Halvan 5.5 Investments Ltd.
Appellant (jointly): Brentwood Estates Inc., Colebay Investments Inc., Highcove Investments Inc., Firewood Holdings Inc., Major McCowan Developments Ltd. & Summerlane Realty Corp.
Appellant: And others (see attached Schedule 1)
Subject: Proposed New Official Plan – Part 1 (December 2013) – for the City of Markham
Municipality: City of Markham
OLT Case No.: OLT-22-002785
Legacy Case No.: PL140743
OLT Lead Case No.: OLT-22-002785
Legacy Lead Case No.: PL140743
OLT Case Name: Angus Glen Holdings Inc. v. Markham (City)
Heard: July 17-19 & 23-26, 2024 by Video-Hearing, November 8, 2024 by Written Submissions
APPEARANCES:
| Parties | Counsel |
|---|---|
| Dorsay (Residential) Developments Inc. | Meaghan McDermid Liam Valgardson |
| City of Markham | Andrew Biggart Maggie Cheung-Madar |
AMENDING DECISION OF THE TRIBUNAL DELIVERED BY N. EISAZADEH
1In accordance with Rule 24.4 of the Tribunal’s Rules of Practice and Procedure, whereby the Tribunal may at any time and without prior notice to the Parties correct a technical or typographical error made in a Decision or Order, the Decision and Order (“Decision”) issued on January 15, 2025 is hereby amended.
2By deleting Paragraph [66] from the Decision and replacing it with the following paragraph:
66The Tribunal does not find Mr. Cory’s evidence to be partial or stray into advocacy. Mr. Cory did not dispute that some developers have voluntarily offered affordable housing in the process of obtaining their planning approvals. However, Mr. Cory added that, typically, other agreements or land titles restrictions are also required to maintain the affordability of such units in the long term and beyond initial purchasers. The Tribunal accepts that it was Mr. Cory’s evidence that there is no policy or plan that mandates affordable housing on a site-specific basis. Indeed, not only did Mr. Litavski concede to this himself, but so too does Mr. Biggart in his closing submissions when he states (emphasis added):
Strictly, speaking, Mr. Cory is correct. However, as noted by Mr. Litavski, it is Mr. Cory’s client that is seeking permission to change the permitted uses on the site… There is no requirement upon this Tribunal to grant such permission unless the Tribunal is satisfied that the proposed development has regard for matters of Provincial Interest, is consistent with the policies of the PPS and conforms to the policies of the Growth Plan and of the Official Plans of the municipalities.
3In all other respects, the Tribunal’s Decision remains the same.
“N. Eisazadeh”
N. EISAZADEH 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.