Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 08, 2021
CASE NO(S).: PL210136
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: City Park (Lakeshore) Inc.
Subject: Request to amend the Official Plan - Failure of the City of Mississauga to adopt the requested amendment
Existing Designation: Mixed Use
Proposed Designated: Residential High Density and to change the maximum height permitted
Purpose: To permit retail and residential development
Property Address/Description: 1381 Lakeshore Road East
Municipality: City of Mississauga
Approval Authority File No.: OPA/0Z/20/018
OLT Case No.: PL210136
OLT File No.: PL210136
OLT Case Name: City Park (Lakeshore) Inc. v. Mississauga (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: City Park (Lakeshore) Inc.
Subject: Application to amend Zoning By-law No. 0225-2007 - neglect of City of Mississauga to make a decision
Existing Zoning: C4 (Mainstreet Commercial)
Proposed Zoning: RA5-Exception (Apartments - Exception)
Purpose: To permit retail and residential development
Property Address/Description: 1381 Lakeshore Road East
Municipality: City of Mississauga
Municipality File No.: OPA/0Z 20/018
OLT Case No.: PL210136
OLT File No.: PL210137
Heard: December 1, 2021 by telephone conference call
APPEARANCES:
Parties
Counsel
City Park (Lakeshore Inc.) (“Applicant”)
Leo Longo
City of Mississauga (“City”)
Michal Minkowski
Region of Peel (“Region”)
Rachel Godley
MEMORANDUM OF ORAL DECISION DELIVERED BY DAVID L. LANTHIER ON DECEMBER 1, 2021 AND ORDER OF THE TRIBUNAL
1This is the second Case Management Conference (“CMC”) conducted in these Appeals which relate to development applications to facilitate development at 1381 Lakeshore Road East.
2This CMC was scheduled by the Tribunal at the first CMC conducted on August 13, 2021, for the purposes of receiving an update from the parties as to progress being made in their discussions towards resolution of the issues. In advance of the CMC the Panel was advised that the parties were also scheduled to attend before the designated Tribunal Mediator for mediation immediately following the conduct of this CMC.
3The eight (8)-day hearing of these Appeals has already been scheduled for Tuesday, September 6, 2022, and a Procedural Order and Issues List governs the proceeding as it was appended to the August 13, 2021 CMC Decision and Order.
4Mr. Longo provided a brief agenda of items to be addressed which was covered in the course of the CMC.
Corporate Status – Lakeview Ratepayers’ Association
5In the CMC Decision issued on August 24,2021, the Lakeview Ratepayers’ Association (“LRA”) was granted Participant status subject to it providing confirmation as to its corporate status. That confirmation has not yet been provided. The Case Coordinator will request the Letters Patent for the LRA, or other proof of incorporation, from Ms. Goss, who appeared on behalf of the LRA at the first CMC. If the confirmation is not provided to the Tribunal and to the Parties in accordance with the Tribunal’s directive by the next CMC, and in the event Ms. Goss, or a representative of the LRA, does not attend to address the Tribunal, the LRA will not be accorded Participant status.
Mediation and Further TCC CMC / Status Hearing – April 8, 2022
6The Parties have now made the request for Tribunal-led mediation which was organized and scheduled to commence immediately following the conclusion of this CMC. Any such continued Tribunal Mediation will continue independent of the adjudicative administration of these Appeals.
7With the mediation, and continued discussions, underway the Parties will again attend before the Tribunal at the further CMC to report as to their progress and the further scoping of the issues, including those of the Region.
8The Telephone Conference Call and the CMC/Status Hearing will commence at 9 a.m. on Friday, April 8, 2022, with the following dial-in instructions. Individual(s) are directed to call 416-212-8012 or Toll Free 1-866-633-0848. When prompted, enter the code 4779874# to be connected to the call.
9There will be no further notice with respect to the further CMC and the Panel Member is not seized but may assist in continued Case Management to the extent that the Tribunal’s calendar permits.
10The Tribunal so orders and provides these CMC directives for the purposes of the case management of these appeals
“David L. Lanthier”
DAVID L. LANTHIER
VICE-CHAIR
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.