Martin Pick, Thomas Pick and Ontario Inc.
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1 ISSUE DATE: Sept. 4, 2012 Ontario Municipal Board Commission des affaires municipales de l Ontario PL PL PL IN THE MATTER OF subsection 17(36) of the Planning Act, R.S.O c. P. 13, as amended Appellants: See Attachment 1 Subject: Proposed Official Plan for the Regional Municipality of York Municipality: Regional Municipality of York OMB Case No.: PL OMB File No.: PL IN THE MATTER OF subsection 17(24) of the Planning Act, R.S.O c. P. 13, as amended Ontario Limited Dalton & Alan Faris Eden Mills Estates Inc. Martin Pick, Thomas Pick & Ontario Inc. Rice Commercial Group of Companies Subject: Proposed Regional Official Plan Amendment No. 1 (ROPA 1) Municipality: Regional Municipality of York (Town of East Gwillimbury) OMB Case No.: PL OMB File No.: PL IN THE MATTER OF subsection 17(24) of the Planning Act, R.S.O c. P. 13, as amended Minotar Holdings Inc., Cor-lots Developments, Cherokee Holdings & Halvan 5.5 Investments Limited (collectively referred to as Minotar ) Grace Chinese Gospel Church of North York North Markham Landowners Group Subject: Proposed Regional Official Plan Amendment No. 3 (ROPA 3) Municipality: Regional Municipality of York (Town of Markham) OMB Case No.: PL OMB File No.: PL IN THE MATTER OF section 37 of the Ontario Municipal Board Act, R.S.O. 1990, c. O. 28, as amended, and Rule 34 of the Board s Rules of Practice and Procedure Request by: Request for: Subject: OMB Case Nos. OMB File Nos. Martin Pick, Thomas Pick & Ontario Inc. Request for Directions (Motion for Production/Disclosure) Proposed Official Plan for the Regional Municipality of York Proposed Regional Official Plan Amendment No. 1 (ROPA 1) Proposed Regional Official Plan Amendment No. 3 (ROPA 3) PL101128, PL101233, PL PL101128, PL101233, PL101238
2 - 2 - PL et al A P P E A R A N C E S: Parties Regional Municipality of York Martin Pick, Thomas Pick and Ontario Inc. Counsel S. Waque, I. Mathany M. Flowers Colebay Investments Inc., Highcove Investments Inc., Firwood Holdings Inc., Major McCowan Developments Limited & Summerlane Realty Corp. North Markham Landowners Group South Sharon Developments Inc. Acorn Development Corporation, Ladyfield Construction Ltd., Farm Cove Holdings Inc. & Fetlar Holdings Limited S. D Agostino J. Pepino, A. Skinner J. Park J. Drake. MEMORANDUM BY K. J. HUSSEY ON A TELEPHONE CONFERENCE CALL HELD ON AUGUST 24, 2012 This telephone conference was scheduled to hear a motion brought by Martin Pick, Thomas Pick and Ontario Inc. ( Pick ). Pick sought an Order of the Board directing the Region of York to deliver certain information that Pick requested on July 29, 2011, July 7, 2012 and August 1, At the onset, Counsel for Pick advised the Board that subsequent to filing the Notice of Motion some progress towards resolving the matter was made. In keeping with the Procedural Order approved in principle by the Board on August 15, 2012, expert meetings have occurred and information sought by Pick by way of this motion has been provided, although there are still outstanding requests. The Region advises that it will continue to respond to Pick in the context of the Procedural Order.
3 - 3 - PL et al North Markham Landowners Group ( NMLG ), Colebay Investments Inc., Firwood Holdings Inc., Highcove Investments Inc., Major McCowan Developments Limited, Summerlane Realty Corp ( Trinison ) responded to Pick s motion and in addition to the information sought by Pick, NMLG and Trinison seek the additional information requested in their respective motions filed May 17 and 18, 2012, returnable on May 28, That hearing was adjourned on consent. The Region s position on NMLG s and Trinison s additional requests is that those are distinct and independent of Picks and that motion ought to be heard separately. The Region reiterated that the Board s procedural Order is now in effect and contains direction for meetings of experts, exchange of witness lists and witness statements. Any information relevant to the appeals would be provided through this process and to the extent that the requests by NMLG and Trinison are not satisfied, those motions, previously adjourned, can be heard at the next pre-hearing conference scheduled for September 7, The parties consented to this course of action. NMLG and Trinison asked to be provided with information delivered to Pick relating to its motion and further requested all land budget information to be shared with the appellants to the land budget component of these appeals. Counsel for South Sharon Developments Inc. takes no position on the production issue but requests that any information exchanged and material to the upcoming mediation sessions, be provided to those participating in the mediation. The parties were in agreement that at this time there is no need for a Board Order to compel production but asked that the Board issue a report on these discussions.. K. Hussey K. HUSSEY VICE-CHAIR
4 - 4 - PL et al ATTACHMENT 1 List of Appellants 1. Angus Glen North West Inc. and Angus Glen Holdings Inc. 2. E. Manson Investments 3. North Leslie Residential Landowners Group Inc. 4. North Markham Landowners Group Ontario Limited Ontario Limited Ontario Limited Ontario Inc Elgin Mills Developments Limited CAVCOE Holding Ltd. Colebay Investments Inc. First Elgin Mills Developments Inc. Firwood Holdings Inc. Glendower Properties Inc. Highcove Investments Inc. Mackenzie 48 Investments Limited Kennedy Elgin Developments Limited Major Kennedy Developments Limited Major Kennedy South Developments Limited Major McCowan Developments Limited Romandale Farms Limited; Frambordeaux Developments Inc. Summerlane Realty Corp. Tsialtas, Peter and Cathy Tung Kee Investment Limited Partnership Warden Mills Developments Limited ZACORP Ventures Inc. 5. Loblaw Properties Limited 6. Rice Commercial Group of Companies 7. Yonge Green Lane Developments Limited 8. Mr. Allen Eng 9. Mr. John Hayes 10. Mr. Paul Jadilebovski 11. Mr. Peter Antonopoulos 12. Mr. Philip Comartin 13. Mr. Shai Perlmutter 14. Mr. Steven DeFreitas 15. Peat Farmers of Ontario represented by Mr. Phil Comartin 16. Property Owners with Rights Association represented by Paul Jadilebovski
5 - 5 - PL et al 17. Kau & Associates L.P. 18. Block 27 Landowners Group 19 Dorzil Developments (Bayview) Ltd. 20. Westlin Farms 21. Lucia Milani and Rizmi Holdings Limited 22. Daraban Holdings Limited 23. Smart Centres and Calloway Real Estate Investment Trust 24. Yonge Bayview Holdings Inc Ontario Ltd Ontario Ltd. 27. Helmhorst Investments Ltd. 28. Aurora 2C Landowners Group Inc. 29. W. J. Smith Gardens Limited 30. Metrus Development Inc. 31. Upper City Corporation and Clear Point Developments 32. Minotar Holdings Inc, Cor-lots Development, Cherokee Holdings and Halvan 5.5 Investments Limited 33. Dalton and Alan Faris and Eden Mills Estates Inc. 34. Robert G. Sikura 35. Aurora-Leslie Developments Inc. 36. Fieldgate Developments and TACC Developments 37. Times Group Corporation 38. Memorial Gardens Canada Limited Ontario Ltd. 41. Amir Hessam Limited and Ontario Ltd. 42. Arten Developments Inc. 43. Sanmike Construction Ltd. 44. Canadian Mortgage and Housing Corporation 46. Mahamevna Bhavana Asapuwa Toronto 47. The Mandarin Golf and Country Club Inc. and AV Investments II Inc. 48. Cornerstone Christian Community Church 49. Tesmar Holdings Inc. 50. Sustainable Vaughan 51. Markham Gateway Inc.
York region Official Plan PL101128 (ROP) Appellants Attachment 1 List of Appellants Counsel Angus Glen North West Inc. and Angus Glen Holdings Inc. (Appellant 1) Patricia A. Foran/N. Jane Pepino [email protected]/
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