1085 Clearview Limited Partnership v. Halton (Reg. Mun), 2021 CanLII 54203

Ontario Land Tribunal

Tribunal ontarien de l’aménagement

du territoire

June 15, 2021

PL210040

PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant:

1085 Clearview Limited Partnership

Appellant:

1246235 Ontario Inc.

Appellant:

1602211 Ontario Ltd.

Appellant:

2084 Lakeshore Holdings Ltd. et al; and others

Subject:

Proposed Official Plan Amendment No. Burlington New OP

Municipality:

City of Burlington

OLT Case No.:

PL210040

OLT File No.:

PL210040

OLT Case Name:

1085 Clearview Limited Partnership v. Halton (Reg. Mun)

Heard:

June 11, 2021 by video hearing

Parties

Counsel

Regional Municipality of Halton

K. Yerxa

City of Burlington

A. Biggart

B. Hurley

Appellants listed in Attachment 1

MEMORANDUM OF ORAL DECISION DELIVERED BY S. TOUSAW ON JUNE 11, 2021 AND ORDER OF THE TRIBUNAL

1This first Case Management Conference (“CMC”) was convened for the appeals to a new Official Plan (“OP”) adopted by the City of Burlington (“City”) on April 26, 2018 and modified and approved by the Regional Municipality of Halton (“Region”) on November 30, 2020.

2The Region issued Notice of this CMC in accordance with the Tribunal’s directions as confirmed in its Affidavit of Service, marked as Exhibit 1. No issues of Notice were raised.

3Resulting from this CMC, the Appellants, added Parties and Participants are listed in Attachment 1. Any necessary adjustments or updates to this list may be raised at the next CMC.

PARTIES

4The statutory parties are the Appellants as listed in Attachment 1 and the Region as the approval authority. The City was granted Party status given its obvious interest having prepared and adopted the OP.

5Four written requests for Party status were filed in advance of this CMC in accordance with the Tribunal’s Notice instructions. Without objection from any Party, the Tribunal granted Party status to each of the following requests based on their prior involvement in the OP process and/or on reasonable grounds as follows.

6Fairview GO Ltd., represented by counsel Jennifer Meader, owns property at 5041 Fairview Street in proximity to a transit station area and has concerns for such matters as permitted height and density of development. Although the requestor did not make submissions to the City during the OP preparation, it owns lands affected by the OP and is prepared to shelter under the issues raised by Appellants with similar situations, such as Branthaven 735 Oval Inc.

7Conserving Our Rural Ecosystems of Burlington Inc. (“CORE”), represented by counsel Denisa Mertiri, participated throughout the development of the OP and has a long involvement in planning applications related to the Burlington Quarry, raised here by Appellants Nelson Aggregates Co. and Ontario Stone, Sand & Gravel Association. As an established community organization covering such interests as groundwater, natural heritage, Niagara Escarpment and rural land, CORE’s involvement will reduce the number of individual Party requests in this case, resulting in a more efficient and effective process.

8Daintry Klein, representing the unincorporated community group We Love Millcroft, as represented by counsel Alex Ciccone, supports the OP policies for golf courses and opposes the appeal of Millcroft Greens Corporation. If the group becomes incorporated, the Tribunal would entertain a request from Ms. Klein for the transfer of Party status to the incorporated entity.

9Millcroft Coalition Against Development, also represented by counsel Mr. Ciccone, has similar interests as Ms. Klein’s group above related to the appeal of Millcroft Greens Corporation. Although granted separate Party status, on the submissions of Mr. Ciccone the Tribunal anticipates his clients working together as a single Party with common issues and evidence. As the Appellants’ issues lists are finalized, these added Parties will advise the Tribunal of any change in their anticipated alignment.

10One requestor was not granted Party status at this time. Sofina Foods Inc., represented by counsel Patrick Duffy, did not file a request form but expressed its interest in the appeals here that overlap with appeals to the City’s Official Plan Amendment (“OPA”) 119 and related Zoning By-law Amendment (“ZBA”) (Tribunal file PL200150). As reviewed below, the confluence of those cases will be the subject of the next CMC and the need for Party status may be revisited then. In the meantime, the Tribunal will add Sofina Foods Inc. to the email list for this case.

PARTICIPANTS

11Two Participant requests were filed in advance of the CMC, and without objection from any Party, the Tribunal granted them Participant status. Tom Muir is an interested resident with decades of community involvement in planning matters who wishes to remain involved by way of written submissions. Anne and David Marsden, who had filed an appeal to the OP but subsequently had withdrawn the appeal, have requested Participant status. In view of the issues raised in their request form, Anne and David Marsden are encouraged to provide written submissions at the appropriate time only on matters of planning before the Tribunal that will be articulated in the Appellants’ issues lists.

12Participants will be placed on the Tribunal’s circulation list and will be advised through the eventual Procedural Order (“PO”) when Participant Statements must be filed.

PROCESS

13With some 48 appeals originally filed and four now withdrawn, the Parties are discussing appeals, Issues Lists and the potential for resolution or mediation. As requested by the Region and City and agreed to by the Parties, the Tribunal directed the following process:

Appellants will provide their Issues List to the Region and City by Friday, July 9, 2021;
The Region and City will circulate a draft Procedural Order, with suggested issue groupings and phased hearing outline, by Friday, July 23, 2021;
Since several appeals overlap with appeals to OPA 119 and its related ZBA, the next CMC here will be scheduled with the CMC for PL200150 on Wednesday, August 4, 2021.

14With both PL210040 and PL200150 cases before it at the next CMC, the Tribunal may decide how best to proceed with the overlapping appeals, possibly by hearing those matters together as one phase of the hearing on the merits. The Appellants with these common appeals emphasize the need for a timely process given that the related ZBA at issue in PL200150 is prolonging the existence of an Interim Control By-law affecting a substantial area in the City.

15The next CMC will be held in conjunction with the CMC for PL200150 on Wednesday, August 4, 2021 at 10 a.m. by video hearing. No further notice will be given. This Member is not seized but will endeavour to remain available for case management, subject to the Tribunal’s Calendar.

16Parties 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:

https://global.gotomeeting.com/join/629942965

Access code: 629 942 965

17Parties 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.

18Persons 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: 1 888 299 1889 or +1 (647) 497-9373. The access code is 629 942 965.

19Individuals 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.

20The rulings and directions in this Decision are so Ordered.

“S. Tousaw”

S. Tousaw

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.

ATTACHMENT 1

Appellant Name

Number

Does the Appellant have an appeal under File PL200150 OPA 119?

Counsel/ Representative

Ontario Stone, Sand & Gravel Association (OSSGA)

David White and Marc Kemerer

United Burlington Retail Portfolio Inc.

Aaron Platt/ Samantha Lampert

Crystal Homes

Michael Melling/Alex Lusty

Landform Development Group and 2413350 Ontario Inc.

Yes

Denise Baker

1085 Clearview Limited Partnership (1085 Clearview GP Inc.)

Denise Baker

West End Home Builders Association

Yes

Denise Baker

440 Elizabeth Street Holdings Ltd.

Yes

Denise Baker

2084 Lakeshore Holdings Ltd. and 2084 Lakeshore (2048) LP Ltd.

Denise Baker

Emshih Developments Inc. (800 Burloak Drive)

Nancy Smith/Jennifer Meader

Emshih Developments Inc. (895-901 Brant and 2250 Fairview Street)

Yes

Nancy Smith/ Jennifer Meader

Emshih Developments Inc. (372-380 and 433-439 Brant Street)

Yes

Nancy Smith/Jennifer Meader

Carriage Gate Homes Inc., Lakeshore (Burlington) Inc. and Old Lakeshore (Burlington) Inc.

Scott Snider

1820473 Ontario Inc. and Molinaro Group of Companies

Scott Snider

Victoria-Brant Ltd., 2022 Victoria Avenue Inc., 2018 Victoria Avenue Inc., and 1664450 Ontario Inc.

Scott Snider

Renimmob Properties Ltd.

Scott Snider

Penta Properties Inc., Paletta International Corporation and P&L Livestock Ltd.

Scott Snider

Brookfield Properties, InteRent REIT and CLV Group Inc. (Fairview Limited Partnership)

Yes

Scott Snider/Shelley Kaufman

Withdrew appeal

New Horizon Development Group

Patrick Harrington / Leo Longo

Brad Wilson

Self-represented

Wal-Mart Canada Corp.

Yes

Roslyn Houser

Millcroft Greens Corporation

Patrick Harrington/Leo Longo

RK (Burlington Mall) Inc.

Joel D. Farber

Withdrew Appeal

Pine Street Burlington Corp.

Yes

Denise Baker

Adi Developments (Masonry) Inc.

Yes

Denise Baker

Withdrew Appeal

RioCan Holdings Inc.

Joel D. Farber

335 Plains Holdings Inc. and 355 Plains Holdings Inc.

Denise Baker

Camarro Developments Inc. (789-795 Brant Street)

Denise Baker

Camarro Developments Inc. (519-527 Brant Street)

Denise Baker

Camarro Developments Inc. (1062 and 1074 Cooke Blvd)

Denise Baker

Infinity Developments Group Inc.

Denise Baker

Spruce Partners Inc. and Amico Properties Inc.

Yes

Denise Baker

5135 Fairview Holdings Inc.

Denise Baker

S & G Consulting Inc., Branthaven 735 Oval Inc., and Branthaven Development Corp.

Yes

Denise Baker

1602211 Ontario Ltd.

Denise Baker

William Love

Self-Represented

Nelson Aggregate Co.

David White and Marc Kemerer

Mac’s Convenience Stores Inc.

Max Laskin/Matthew Lakatos-Hayward

Core FSC Lakeshore GP Incorporated

Yes

David Bronskill/

Matthew Lakatos-Hayward

Vrancorp Group

Yes

David Bronskill/

Matthew Lakatos-Hayward

Reserve Properties Ltd.

Yes

David Bronskill/

Matthew Lakatos-Hayward

2584979 Ontario Inc.

David Bronskill/

Matthew Lakatos-Hayward

Burlington Healthcare Centre Inc.

Yes

Andrew Jeanrie

Emshih Development Inc. (901 Guelph Line)

Nancy Smith

Mattamy James Street Limited

Partnership

Yes

Scott Snider

Added Parties

Fairview GO Ltd.

Jennifer Meader / Scott Snider

Conserving Our Rural Ecosystems of Burlington Inc. (“CORE”)

D. Mertiri / David R. Donnelly

Daintry Klein representing We Love Millcroft group

Alex Ciccone

Millcroft Coalition Against Development

Alex Ciccone

Participants

Tom Muir

Self-Represented

Anne and David Marsden

Self-Represented