Ontario Land Tribunal

ISSUE DATE: December 12 2022

CASE NO(s).: OLT-22-004078

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Applicant and Appellant: 128 Lakeshore Road East LP Inc. Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Purpose: To permit an 11-storey mixed-use building Property Address: 128 Lakeshore Road East Municipality: City of Mississauga Municipality File No.: OZ/OPA 22-5 W1 OLT Case No.: OLT-22-004078 OLT Lead Case No.: OLT-22-004078 OLT Case Name: 128 Lakeshore Road East LP 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: 128 Lakeshore Road East LP Inc. Subject: Application to amend the Zoning By-law- Refusal or neglect to make a decision Purpose: 128 Lakeshore Road East Municipality: City of Mississauga Municipality File No.: OZ/OPA 22-5 W1 OLT Case No.: OLT-22-004079 OLT Lead Case No.: OLT-22-004078

BEFORE:

C. HARDY

MEMBER

Monday, the 12th Day of December 2022

THESE MATTERS having come before the Tribunal for a Case Management Conference on October 18, 2022;

AND THE TRIBUNAL having received the requested Procedural Order, on consent;

THE TRIBUNAL ORDERS that the Procedural Order attached hereto as Schedule “1” is in full force and effect.

“Euken Lui”

EUKEN LUI ACTING REGISTRAR

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.

SCHEDULE 1

PROCEDURAL ORDER

1. The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties’ request or its own motion.

Organization of the Hearing

2. The video hearing will begin on Tuesday October 10, 2023 at 10:00 a.m. in accordance with the following link:

Virtual Link: https://global.gotomeeting.com/join/442599157

Access code: 442-599-157

3. The parties’ initial estimation for the length of the hearing is eight (8) days. The Tribunal will not be sitting on Monday October 16, 2023. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.

4. The parties and participants identified at the case management conference are set out in Attachment 1 (see the sample procedural order for the meaning of these terms).

5. The issues are set out in the Issues List attached as Attachment 2. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.

6. The order of evidence shall be as set out in Attachment 3 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.

7. Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.

8. Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website.

Requirements Before the Hearing

9. A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of the witnesses and the order in which they will be called. This list must be delivered on or before July 12, 2023 and in accordance with paragraph 22 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.

10. Expert witnesses in the same field shall have a meeting on or before July 21, 2023 and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before August 10, 2023.

11. An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 13 below. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.

12. Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s evidence as in paragraph 13 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 13 below.

13. On or before August 25, 2023, the parties shall provide copies of their [witness and] expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 22 below.

14. On or before August 25, 2023, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 22 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

15. On or before September 5, 2023 the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

16. On or before September 18, 2023, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 22 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

17. Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence within ten (10) days after the evidence is received, being September 5, 2023, and in accordance with paragraph 22 below.

18. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before September 29, 2023.

19. A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.

20. A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.

21. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before October 3, 2023 with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.

22. All filings shall be submitted electronically and in hard copy. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7.

23. If the applicant intends to seek approval of a revised proposal at the hearing, the applicant shall provide copies of the revised proposal, including all revised plans, drawings, proposed instruments, updated supporting documents and reports, to the other parties at least ninety (90) calendar days before Expert Witness Statements are to be filed in accordance with paragraph Error! Reference source not found., being May 25, 2023. The applicant acknowledges that any revisions to the proposal after that date without the consent of the parties may be grounds for the Tribunal to adjourn the hearing.

24. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.

This Member is not seized.

So orders the Tribunal.

BEFORE:

Name of Member:

Date:

TRIBUNAL REGISTRAR

SUMMARY OF DATES

DATE

EVENT

May 25, 2023

Last date to provide copies of revised proposal, including all revised plans and drawings (if any)

July 12, 2023

Exchange of witness lists (names, disciplines and order to be called)

July 21, 2023 and August 10, 2023

Experts Meeting and Agreed Statement of Facts, respectively

August 25, 2023

Exchange of Witness Statements, summoned witness outlines, Expert Reports and Participant Statements

September 5, 2023

Exchange of Reply Witness Statements (if any)

September 18, 2023

Exchange of visual evidence (if any)

September 29, 2023

Preparation of Joint Document Book

October 3, 2023

Final Work Plan filed with the Tribunal

October 10, 2023

Hearing commences

ATTACHMENT 1

PARTIES/PARTICIPANTS

Parties

1. 128 Lakeshore Road East LP Inc. David Bronskill (416) 597-4299 dbronskill@goodmans.ca

2. City of Mississauga Graham Walsh (905) 615-3200, x. 3743 graham.walsh@mississauga.ca

Participants

1. Ed Praulins (647) 287-5919 5hearts@rogers.com

2. Louie Carnevale 416-543-7632 louie@northernfinancialgroup.com

ATTACHMENT 2

DRAFT ISSUES LIST

PLANNING ACT:

1. Does the proposed development have regard to matters of Provincial interest as outlined in Section 2 of the Planning Act?

PROVINCIAL POLICIES:

2. Does the proposed development demonstrate consistency with the Provincial Policy Statement 2020 including, but not limited to, Policies 1.1.3.2, 1.1.3.3, 1.1.3.4 and 1.1.3.5?

3. Does the proposed development conform to the Growth Plan for the Greater Golden Horseshoe including, but not limited to, Policies 2.2.2.3, 2.2.4 and 5.2.5.6?

REGION OF PEEL OFFICIAL PLAN:

4. Does the proposed development conform to the Region of Peel Official Plan including but not limited to Sections 5.3 Urban System and 5.5 Growth Management?

MISSISSAUGA OFFICIAL PLAN:

5. Does the proposed development conform to the Mississauga Official Plan, including but not limited to policies in:

a. Chapter 5: Direct Growth - Sections 5.3 City Structure, 5.4 Corridors and 5.5 Intensification Areas

b. Chapter 8: Create a Multi Modal City – Section 8.4 Parking

c. Chapter 9: Build a Desirable Urban Form – Sections 9.2.1 Intensification Areas and 9.5 Site Development and Buildings

d. Chapter 19: Implementation – Sections 19.4 Development Applications and 19.5 Criteria for Site Specific Official Plan Amendments

PORT CREDT LOCAL AREA PLAN & BUILD FORM GUIDE:

6. Does the proposed development conform to the Port Credit Local Area Plan, including but not limited to policies in:

a. Chapter 5.0: Vision – Sections 5.1 Guiding Principles and 5.2 Community Concept

b. Chapter 6.0: Direct Growth – Section 6.1 Community Node Character Area

c. Chapter 8.0 Complete Communities – Section 8.4 Distinct Identity & Character

d. Chapter 9.0 Multi-Modal City – Section 9.1 Multi-Modal Network

e. Chapter 10.0 Desirable Urban Form – Sections 10.1 General Policies and 10.2 Community Node Character Area

f. Built Form Guide – Sections 2.0 Port Credit Community Node, 2.1 Contextual Building Heights, 2.2 Planned Building Heights, 2.3 Community Node Precincts and 2.4 Built Form

PLANNING, DESIGN & LANDSCAPE ISSUES:

7. Does the proposed development appropriately implement:

a. The Direct Growth and Urban Form Policies of Mississauga Official Plan and the Port Credit Local Area Plan

b. The Port Credit Local Area Plan Built Form Guide

c. The urban design guidelines and standards of the City of Mississauga, including but not limited to: Mississauga Standards for Shadow Studies, Pedestrian Wind Comfort and Safety Studies and Outdoor Amenity Area Design Reference Note

8. Does the proposed development respect the existing and planned character of Lakeshore Road and the Mainstreet Node Precinct?

9. Does the subject property represent an appropriate location for a Tall Building, as defined in the Mississauga Official Plan Glossary?

10. Does the proposed development represent an appropriate built form and do development standards including separation distances and building setbacks present unacceptable impacts on the surrounding environment?

11. Does the proposed development incorporate appropriate amenity space and landscape area/buffers?

12. Has the applicant adequately justified the proposed reduction in parking rates proposed for the development?

13. Has the applicant adequately assessed the proposed development’s impact on the local road network including an assessment of the vehicular queuing for the ingress/egress at Ann Street?

14. Is the proposed loading and waste collection along Ann Street appropriate and does it meet the requirements of the Region of Peel?

15. Does the proposed development result in an overdevelopment of the property?

16. Are the proposed Zoning By-law standards appropriate?

17. Is approval of the proposal premature until the following is provided to the satisfaction of the City and other public authorities as applicable, or alternatively is the use of an “H” Holding Symbol appropriate, should the Tribunal allow the appeal in whole or in part:

a. Revised Streetscape Feasibility Assessment

b. Revised Traffic Operations Assessment

c. Revised Pedestrian Level Wind Study

d. Revised Traffic Noise Feasibility Assessment

e. Revised Civil and Servicing Drawings and Site Plan

f. Receipt of an executed Development Agreement

g. Revised Functional Servicing and Stormwater Management Report

h. Record of Site Condition (including all supporting documentation)

18. In the event that the Tribunal allows the appeal in whole or in part, should the Final Order be withheld pending the City Solicitor advising the Tribunal that the Owner and City have agreed to the final form of the Official Plan Amendment and Zoning By-law Amendment?

19. Does the proposed development represent good planning and is it in the public interest?

ATTACHMENT 3

ORDER OF EVIDENCE

1. 128 Lakeshore Road East LP Inc.

2. City of Mississauga

3. 128 Lakeshore Road East LP Inc., in reply (if any)

Attachment to Sample Procedural Order

Meaning of terms used in the Procedural Order:

A party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other parties, and making submissions on all of the evidence. An unincorporated group cannot be a party and it must appoint one person to speak for it, and that person must accept the other responsibilities of a party as set out in the Order. Parties do not have to be represented by a lawyer and may have an agent speak for them. The agent must have written authorisation from the party.

NOTE that a person who wishes to become a party before or at the hearing, and who did not request this at the case management conference (CMC), must ask the Tribunal to permit this.

A participant is an individual or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a party may do so). Section 17 of the Ontario Land Tribunal Act states that a person who is not a party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A participant may also be asked questions by the parties should the Tribunal direct a participant to attend a hearing to answer questions on the content of their written submission.

A participant must be identified and be accorded participant status by the Tribunal at the CMC. A participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A participant cannot ask for costs, or review of a decision, as a participant does not have the rights of a party to make such requests of the Tribunal.

Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party or participant intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.

Visual evidence includes photographs, maps, videos, models, and overlays which a party or participant intends to present as evidence at the hearing.

A witness statement is a short written outline of the person’s background, experience and interest in the matter; a list of the issues which he or she will discuss ; and a list of reports or materials that the witness will rely on at the hearing.

An expert witness statement should include his or her (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness’ opinions on those issues and the complete reasons supporting their opinions and conclusions and (5) a list of reports or materials that the witness will rely on at the hearing. An expert witness statement must be accompanied by an acknowledgement of expert’s duty.

A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a statement of the participant’s position on the appeal; a list of the issues which the participant wishes to address and the submissions of the participant on those issues; and a list of reports or materials, if any, which the participant wishes to refer to in their statement.

Additional Information

A summons may compel the appearance of a person before the Tribunal who has not agreed to appear as a witness. A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons through a request. (See Rule 13 on the summons procedure.) The request should indicate how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the information provided in the request that the evidence is relevant, necessary or admissible, the party requesting the summons may provide a further request with more detail or bring a motion in accordance with the Rules.

The order of examination of witnesses is usually direct examination, cross-examination and re-examination in the following way:

• direct examination by the party presenting the witness;

• direct examination by any party of similar interest, in the manner determined by the Tribunal;

• cross-examination by parties of opposite interest;

• re-examination by the party presenting the witness; or

• another order of examination mutually agreed among the parties or directed by the Tribunal.