Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
February 06, 2025
CASE NO(S).:
OLT-24-000570
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Cortel Group Inc. & 283367 Ontario Ltd.
Subject:
Request to amend the Official Plan – Failure to adopt the requested amendment
Description:
To permit a 380 unit apartment building and a 808 square metre commercial building.
Reference Number:
02.207
Property Address:
232 Cameron Crescent
Municipality/UT:
Georgina/York
OLT Case No.:
OLT-24-000570
OLT Lead Case No.:
OLT-24-000570
OLT Case Name:
Cortel Group Inc. & 283367 Ontario Ltd. v. Georgina (Town)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Cortel Group Inc. & 283367 Ontario Ltd.
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
To permit a 380 unit apartment building and a 808 square metre commercial building.
Reference Number:
03.1180
Property Address:
232 Cameron Crescent
Municipality/UT:
Georgina/York
OLT Case No.:
OLT-24-000571
OLT Lead Case No.:
OLT-24-000570
OLT Case Name:
Cortel Group Inc. & 283367 Ontario Ltd. v. Georgina (Town)
Heard:
November 29, 2024, by Video Hearing
APPEARANCES:
Parties
Counsel/Representative*
Cortel Group Inc. & 283367 Ontario Ltd.
Quinto Annibale
Town of Georgina
Andrew Biggart
MEMORANDUM OF ORAL DECISION DELIVERED BY CARMINE TUCCI ON NOVEMBER 29, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The matter before the Ontario Land Tribunal (the “Tribunal”), was with respect to the appeals of the refusal of the Town of Georgina regarding an Application to amend the Official Plan and to amend Town By-law No. 500.
2The proposed development requires an application to amend the Town of Georgina Official Plan to permit a building with a height of 20 storeys. The current site and area specific policy in the Plan permits six- and seven-storey buildings.
3An amendment to the Zoning By-law 500 is also required to permit an increase in height and specify the required built form criteria within the Zoning By-law.
4The development proposes a 380 unit apartment building and a 808 square metre commercial building. The residential structure is proposed to have a seven-storey podium (to contain a combination of parking and residential units) and a 20 storey tower (13 storeys atop the podium). The commercial building is proposed to have two storeys.
5City Staff did not support the Applications.
FIRST HEARING
6The first Case Management Conference (“CMC”) was held on August 21, 2024. The details are as follows:
a) An Affidavit of Service sworn by Roberta Greene was marked as Exhibit 1.
b) The Tribunal was presented with two requests for Party Status.
c) Ms. Bailey Pollock and Mr. Cameron Daly sought Party Status. The Tribunal was informed that Ms. Pollock and Mr. Daly are married and reside at 216 Cameron Street and thus, their status request was a duplication.
d) The Tribunal informed the couple of their responsibility should they be granted their request and if they would prefer to have Participant status as an alternative. Both jointly agreed to Participant status.
e) The Tribunal canvassed all Parties for any comments, there were no objections.
f) The Tribunal granted Bailey Pollock and Cameron Daly Participant requests.
g) Mr. Biggart informed the Tribunal that he had not yet received instruction from the municipality’s Council and would await direction after the September 2024 Council meeting.
NEXT STEPS
7On consent, the Parties agreed that a second CMC should be scheduled to provide updates to the Tribunal. The Parties further decided that a hearing date ought to be scheduled, and seven days were requested.
8The Tribunal scheduled a second CMC on November 29, 2024.
9At the second CMC, the Tribunal was informed that there were no additional updates and that the scheduled date for the hearing will remain as reserved.
HEARING DETAILS
10The Tribunal further scheduled a hearing of these appeals commencing on Tuesday, March 4, 2025 at 10 a.m. until Wednesday, March 12, 2025.
11Parties and Participants are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections:
GoTo Meeting: https://meet.goto.com/278736685
Access Code: 278-736-685
12Parties and 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 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: (Toll Free) 1-888-455-1389 or +1 (647) 497-9391. The access code is the same as mentioned 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 hearing by video 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:
a. The case management directives set out above are so ordered.
b. The Procedural Order attached as Schedule A shall govern the conduct of this proceeding.
“Carmine Tucci”
CARMINE TUCCI
MEMBER
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.
SCHEDULE A