Ontario Municipal Board
Commission des affaires municipales de l’Ontario
ISSUE DATE:
January 3, 2025
CASE NO.:
OLT-22-004346
PROCEEDING COMMENCED UNDER section 17(24) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant
1018429 Ontario Inc.
Appellant
480 Steeles West Limited et al
Appellant
6200 Yonge GP Inc.
Appellant
Augend Investment Ltd.
and others
Subject:
Proposed Official Plan Amendment
Description:
To guide future growth along the Yonge Street corridor in the area bounded by Steeles Avenue, Willowdale Avenue, Cummer and Drewry Avenues, and Lariviere Road
Reference Number:
OPA 615
Property Address:
Area bounded by Steeles Avenue, Willowdale Avenue, Cummer and Drewry Avenues, and Lariviere Road
Municipality/UT:
Toronto/Toronto
OLT Case No:
OLT-22-004346
OLT Lead Case No:
OLT-22-004346
OLT Case Name:
Augend Investment Ltd. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant:
Revenue Properties Company Ltd. and Morguard Investments Limited
Subject:
Request to amend the Official Plan – Failure to adopt the requested amendment
Description:
To establish a Site and Area Specific Policy to guide the future development of the Centrepoint Mall proposed mixed-use development
Reference Number:
21 246686 NNY 18 OZ
Property Address:
6212-6600 Yonge Street
Municipality/UT:
Toronto/Toronto
OLT Case No:
OLT-23-000091
OLT Lead Case No:
OLT-23-000091
OLT Case Name:
Revenue Properties Company Ltd v. Toronto (City)
BEFORE:
G.A. CROSER
Friday, the 3rd day of
MEMBER
January, 2025
THIS MATTER having come before the Ontario Land Tribunal (“Tribunal”) for a public hearing on October 23, 2024, and the Tribunal in its decision issued on December 23, 2024, having scheduled a date hearing for the Revenue Properties Company Ltd. and Morguard Investments Limited Site and Area Specific Policy Appeal (“SASP”);
THE TRIBUNAL ORDERS that the addendum to the Procedural Order “Additions to the Procedural Order for the OPA 615 Appeals Phase 2 – Road Sharing” as set out in Attachment “1” to this Order shall be in full force and effect for the purposes of governing the required procedure leading up to and including the SASP hearing scheduled to commence on Monday, February 3, 2025.
“Euken Lui”
ACTING REGISTRAR
Ontario Land Tribunal
Website: 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
ATTACHMENT “1”
Additions to the Procedural Order for the OPA 615 Appeals
Phase 2 – Road Sharing
Issues related to road sharing as between properties will be heard in a subsequent hearing phase to commence on February 3, 2025 at 10:00 a.m. for 2 days by video hearing.
The sole issue to be determined is whether OPA 615 shall include a policy that requires that the width of the new westerly north-south road be shared between the Centerpoint Mall lands and the neighbouring lands to the west, and if so, to what extent. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.
The order of evidence shall be as set out in Attachment 4 to this Order, as applicable. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.
A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of the witnesses and the order in which they will be called. This list must be delivered on or before January 10, 2025. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified. Any challenges to the witness, including qualifications of a witness to give opinion evidence in the area of expertise proposed shall be made by motion in accordance with the Tribunal’s Rules and notice of same must be served on the other Parties on or before January 17, 2025 .
Expert witnesses in the same field shall have a meeting on or before January 24, 2025 and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts' meeting the parties must prepare and file a Statement of Agreed Facts and the remaining issues to be addressed at the hearing with the Tribunal's case coordinator on or before January 24, 2025.
An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 32 below. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.
Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s evidence. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence.
On or before January 24, 2025, the parties shall provide copies of their expert witness statements to the other parties and to the OLT case coordinator and in accordance with paragraph 41 below.
On before January 24, 2025, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 41 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.
On or before January 31, 2025, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 41 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.
Parties may provide to all other parties and the OLT case coordinator a written response to any written evidence within on or before January 31, 2025, in accordance with paragraph 41 below.
The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case coordinator on or before January 31, 2025.
A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.
A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.
The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before January 30, 2025 , with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.
All filings shall be submitted electronically. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7.
No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.