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PL030514 PL030412 PL060106

The Ontario Municipal Board has received appeals under subsection 17(36) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, from a decision of the Minister of Municipal Affairs and Housing to approve in part, the new Official Plan for the City of Toronto, as adopted by By-law 1082-2002, to provide policy direction in the six municipalities of the former Metropolitan Toronto

MMAH File No. 20-OP-2002 O.M.B. File Nos. See Schedule “1” O.M.B. Case No. PL030412

Harbour Remediation and Transfer Inc., Ontario Realty Corporation and others, have appealed to the Ontario Municipal Board, under subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from a decision of the City of Toronto to approve Proposed Amendment No. 257 to the Official Plan of the City of Toronto to redesignate lands identified as the Central Waterfront

O.M.B. File No. O030096 O.M.B. Case No. PL030514

Tate & Lyle Canada Limited, and others, have appealed to the Ontario Municipal Board under subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended, against Zoning By-law 1049-2006 of the City of Toronto

O.M.B. File No. R060297 O.M.B. Case No. PL030514

Schedule “1”

APPEALS TO THE CITY OF TORONTO NEW OFFICIAL PLAN

No. Sched APPELLANT NAME O.M.B. FILE No.

6 B 640 Fleet Street Developments Limited, 650 Fleet Street Developments Limited, Fleet Boulevard Limited

O030201

16 E 1255870 Ontario Limited O030213

27 B Avro Quay Limited O030146

39 B Canadian Tire Real Estate Limited (Lakeshore Boulevard) O030181 42 B Castan Waterfront Developments Inc. O030219 66 E Harbour Remediation and Transfer Inc. O030138 68 B Home Depot of Canada Inc. (Lakeshore Boulevard) O030275

77 E Lafarge Canada Inc. O030167

81 B Malibu Investments Inc. O030215

99 D Ontario Power Generation O030121

100 B Ontario Realty Corporation O030258

101 E Ontario Realty Corporation and Hydro One O030238 106 B Plazacorp Properties Limited (620 Fleet Street) O030209 146 B Wittington Properties Limited (Bathurst Street) O030228

Ontario Municipal Board

Commission des affaires municipales de l’Ontario May 4, 2010

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A P P E A R A N C E S :

Parties Counsel

City of Toronto B. Ketcheson and R. Balfour

Castan Waterfront Developments Inc. R. G. Doumani Home Depot of Canada Inc. R. G. Doumani 640 Fleet Street Developments Limited, 650

Fleet Street Developments Limited, Fleet Boulevard Limited

C. Lantz

Redpath Sugar Ltd. C. Lantz

Malibu Investments Inc. C. Lantz

National Rubber Technologies Corp. C. Lantz

Toronto Waterfront Revitalization Corp. A. Leibel and M. Stewart Toronto Economic Development

Corporation, Toronto Portlands Company

and Build Toronto Inc. A. Jeanrie

Gemess Investments Inc. J. Park

Kintork (Ontario) Limited, Nuko Investments Limited, 1079744 Ontario Limited and Ontario Film and Television Studio Owners Association

J. Park

LaFarge Canada Inc., Toronto Film Studios Inc. and Ontario Realty Corporation

C. Thorne

Ontario Realty Corporation U. Popadic, student-at-law 1132165 Ontario limited and 134665 Ontario

Limited B. Pak, student-at-law for N. Macos

Natale and Guerrieri Containers Ltd. M. Melling (in absentia)

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Ontario Power Generation M. Flynn-Guglietti Talisker Sunlight Park Inc. M. Flynn-Guglietti Participants

Toronto Region Conservation Authority (inabsentia)

J. Beddoes for the West Donlands Committee (in absentia)

MEMORANDUM OF ORAL DECISION DELIVERED BY D. R. GRANGER ON APRIL 26, 2010 AND ORDER OF THE BOARD

This is a Pre-hearing Conference regarding the appeals related to the Central Waterfront Secondary Plan and more specifically to the East Bayfront (West) Precinct and Keating Channel Precinct areas of that plan.

These procedures relate to the management of the appeals from a decision of the City of Toronto (City) to approve a proposed amendment to the applicable City of Toronto Official Plan (OPA 257) on April 30, 2003, to redesignate lands identified as the Central Waterfront.

Consolidated with these appeals are appeals from a decision of the Minister of Municipal Affairs and Housing (MMAH) to approve, in part, the New Official Plan (New OP) for the City of Toronto related to the Central Waterfront.

The appeals of By-law 1049-2006 (By-law) enacted by the City, on September 27, 2006, to implement the East Bayfront – West Precinct Plan area are also consolidated with the above noted appeals.

The Parties are continuing in their progress towards settling the issues in dispute. Counsel for the City set out a revised schedule for various planning initiatives for the Keating Channel Precinct in correspondence dated April 21, 2010 and presented as Exhibit No. 25. There was no objection to the revised schedule.

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Further amendments to the applicable City Official Plan and Zoning By-law for the North Keating Channel Precinct (West) will be going to a statutory public meeting on June 22, 2010 and to City Council at its July meeting. Any subsequent appeals will be addressed at the next Pre-hearing Conference in September, 2010.

Progress continues with respect to the issues of Redpath Sugar Ltd., in the East Bayfront (West) Precinct. The affected Parties will report its progress at a telephone conference call in June, 2010. All Parties remain optimistic of a settlement in that regard.

With the full consent of the Parties and as requested by Counsel for the City, the Board directs the following:

1. A telephone, pre-hearing conference call for the Parties affected by the Redpath Sugar Ltd. issues is scheduled for Monday, June 21, 2010 at 9:00 a.m. The Parties will call (416) 212-0400 local or 1(866) 355-2663 long distance and enter code 6251#. Cell phones should not be used. The agenda for this Pre-hearing Conference will include the following:

a) The presentation of any settlements. The Board may be spoken to with respect to accommodating earlier dates to address matters that have been fully settled between the Parties.

b) The setting of a fall, 2010 hearing date, length and outstanding Issues for the East Bayfront (West) Precinct related appeals if necessary. Counsel for the City will canvass the Parties and formulate a revised final outstanding Issues List in that regard. 2. No further notice for the June 21, 2010, Telephone Pre-hearing

Conference Call is required.

3. A further Pre-hearing Conference appearance is scheduled for Monday, September 27, 2010, at 10:00 a.m. at the Ontario Municipal Board, 655 Bay Street, 16th Floor, Toronto. The agenda for this Pre-hearing Conference will include the following:

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a) The consideration of the consolidation of any appeals arising from the City’s decisions regarding the North Keating Channel Precinct (West).

b) The setting of a final hearing date, length and outstanding Issues for the North Keating Channel Precinct (West).

4. As previously directed, the City will include a notice of the September 2010, Pre-hearing Conference, with its notice of any required statutory public meeting, required notice of any decision of City Council and any additional notice following from any appeals of City Council decisions as may be required by the Board.

5. This Board Member continues to be seized of all appeals related to the Central Waterfront Secondary Plan.

The Board so Orders.

“D. R. Granger”

D. R. GRANGER VICE-CHAIR

References

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