Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 28, 2022
CASE NO(S).: OLT-22-004125
PROCEEDING COMMENCED UNDER section 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: Augend 189 Dundas West Village Properties Ltd. c/o Augend Investments Ltd.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Reference Number: OZ/OPA 21 9
Property Address: 189 Dundas Street West
Municipality/UT: Mississauga/Peel
OLT Case No: OLT-22-004125
OLT Lead Case No: OLT-22-004125
OLT Case Name: Augend 189 Dundas West Village Properties Ltd. v Mississauga (City)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Reference Number: OZ/OPA 21 9
Property Address: 189 Dundas Street West
Municipality/UT: Mississauga/Peel
OLT Case No: OLT-22-004126
OLT Lead Case No: OLT-22-004125
Heard: November 7, 2022 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Augend 189 Dundas West Village Properties Ltd. | Jason Park Olivia Rasekhi |
| City of Mississauga | Michal Minkowski |
MEMORANDUM OF ORAL DECISION DELIVERED BY T.F. NG ON NOVEMBER 7, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) for the above-noted matter. Augend 189 Dundas West Village Properties Ltd. (“Applicant”) has filed an appeal against the City of Mississauga’s (“City’s”) failure to make a decision pursuant to s.22(7) and s. 34(11) of the Planning Act. The Subject Property is known municipally as 189 Dundas Street West, in the City.
2The application under appeal is to facilitate three new residential towers of 32, 20 and 18 storeys in height with a total of 966 units and a total gross floor area of 59,020.78 square metres, of which 530.7 square metres will consist of at-grade accessory retail space.
3The Affidavit of Service on file was marked as Exhibit 1.
4There were no Party or Participant status requests received.
Draft Procedural Order
5Jason Park, Counsel for the Applicant, advised the Tribunal that he has submitted a Draft Procedural Order without a Draft Issues List as the City has yet to provide its list of issues. City’s Counsel, Michal Minkowski, explained that City Council has yet to reach the stage - in the determination of the applications - to meaningfully provide a list of issues at this point.
6After some back-and-forth discussions, the Tribunal determined that there should be another CMC for the Parties to work on the Hearing issues and/or be given time to obtain resolution of expected issues.
Mediation
7The Tribunal asked whether parties would look into mediation, to which Counsels replied that they will have to see where general discussions and Council’s determination will lead them.
DISPOSITION
8The Tribunal will schedule a CMC, during which Parties will update the Tribunal on the status of discussions and the status of the Appeal at the CMC.
9The Tribunal directs the Applicant and the City to submit a Procedural Order with an attached Issues List to the Case Coordinator by Monday, February 6, 2023.
CASE MANAGEMENT
10A CMC is scheduled to commence on Monday, February 13, 2023 at 10 a.m. by Video Hearing.
11Parties are asked to log in to the Video Hearing at least 15 minutes before the start of the even to test their video and audio connections:
https://global.gotomeeting.com/join/692665589
Access Code: 692-665-589
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: +1 (647) 497-9373 or (Toll Free) 1 (888) 299-1889. The access code is 692-665-589.
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 events may be directed to the Tribunal’s Case Coordinator having carriage of this Case.
ORDER
15The Tribunal Orders that:
- a Case Management Conference will commence at 10 a.m. by Video Hearing on Monday, February 13, 2023;
- the Parties are to forward a Procedural Order with the Issues List to the Case Coordinator on or before, Monday, February 6, 2023;
- The Parties shall be ready to finalize the Procedural Order at the next CMC.
16No further notice will be given.
17The Member is not seized.
18It is so ordered.
“T.F. Ng”
T.F. NG
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.