Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 01, 2022
CASE NO(S).: OLT-22-002285 (Formerly) PL210032
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: 4005 Hickory Drive Ltd.
Appellant: Calloway REIT (Mississauga) Inc.
Appellant: Choice Properties REIT
Appellant: First Capital (Meadowvale) Corporation; and others
Subject: Proposed Official Plan Amendment No. CD.03REI - OPA 115
Municipality: City of Mississauga
OLT Case No.: OLT-22-002285
Legacy Case No.: PL210032
OLT Lead Case No.: OLT-22-002285
Legacy Lead Case No.: PL210032
OLT Case Name: Calloway REIT (Mississauga) Inc. v. Mississauga (City)
Heard: February 17, 2022 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| City of Mississauga (“City”) | L. Magi / A. Biggart |
| Sheridan Retail Inc. | L. Johnston / M. Nemanic |
| Calloway REIT (Mississauga) Inc. | M. Laskin / D. Bronskill (in absentia) |
| First Capital (Meadowvale) Corporation, 4005 Hickory Drive Ltd., Prime Real Estate Group Inc. | M. Cara / D. Artenosi (in absentia) |
| Choice Properties REIT | K. Sliwa / M. Reedijk |
| The Children’s Centre South Common Court Inc. | P. Bottos |
MEMORANDUM OF ORAL DECISION DELIVERED BY M. RUSSO ON FEBRUARY 17, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the third Case Management Conference (“CMC”) held for this matter.
2The Parties have appealed the enactment of Official Plan Amendment No. 115 (“OPA 115”) by the City of Mississauga (the “City”) under s. 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended (the “Act”).
3The purpose and effect of OPA 115 is to revise policies pertaining to the Central Erin Mills Node and the Community Nodes that are mall-based and to add definitions for 'podium' and 'tactical urbanism'. The lands affected by this Amendment are located city-wide (for general policy changes regarding definitions); the Central Erin Mills Major Node Character Area; and the Malton, Meadowvale, Rathwood-Applewood, Sheridan and South Common Community Node Character Areas, as identified in the City Official Plan (the “OP”).
The Second CMC
4At the second CMC, the Tribunal had heard and granted a motion for partial approval of OPA 115, for un-appealed portions of the OPA and the Parties agreed to scope their respective contested and appealed issues for the Tribunal.
5The Parties also provided the Tribunal a draft Procedural Order (the “DPO”) with a draft Consolidated Issues List.
6The Parties anticipated a phased hearing approach and would be requesting Tribunal-led mediation.
7The phased hearing approach sought a 5-day Phase 1 hearing (focusing on legal argument and legal questions), followed by Phase 2, a 25-day hearing and Phase 3 hearing, pending the results of both Phase 1 and 2, and potentially mediation.
8The Tribunal at the second CMC determined that the Parties required more time and further refinement of both the issues and conceived approach and directed the Parties to a third CMC, and specifically directed that the Parties:
a. to communicate and attempt to arrive at a consensus on the conceptual approach to Phase 1;
b. to communicate with the Mediation Coordinator at the Tribunal with regard to seeking Tribunal-led mediation; and
c. if the parties agree on a revised DPO and Issues List, that it be filed with the Tribunal’s Case Coordinator as soon as possible for review by the Tribunal in preparation for the third CMC.
The Third CMC
9The Parties appeared at the third CMC and as directed had provided a revised DPO on consent for the Tribunal’s consideration.
10The Tribunal inquired about the status and initiation of mediation, as directed. The Parties informed the Tribunal that the process has been commenced, however, further progress was pending and dependent on the dates for Phases 1 and 2 being obtained and timelines associated.
11The Tribunal being satisfied with the discussions held at the CMC and with the progress of the Parties in their evolution and steps taken with the phased approach, granted and confirmed dates for both Phase 1 and Phase 2 hearings on this matter.
12The Tribunal being satisfied in principle with the DPO provided, directed the Parties to make some additional refinements as discussed at the CMC and insert appropriate dates and timelines, now that hearing dates have been provided.
ORDER
13The Tribunal orders a hearing by video, scheduled for Phase 1, to commence at 10 a.m. on Monday, October 31, 2022, for five (5) days, as follows:
GoTo Meeting: https://meet.goto.com/344779885
Audio-only telephone line: Toll Free 1-888-299-1889 or +1 (647) 497-9373
Access Code: 344-779-885
14The Tribunal orders a hearing by video, scheduled for Phase 2, to commence at 10 a.m. on Monday, February 13, 2023, for twenty-five (25) days, as follows:
GoTo Meeting: https://meet.goto.com/909787981
Audio-only telephone line: Toll Free 1-888-455-1389 or +1 (647) 497-9391
Access Code: 909-787-981
15The Parties are instructed to provide the DPO with Issues List for Phases 1 and 2 to the Tribunal’s assigned Case Coordinator, on or before Friday, March 4, 2022 for the Tribunal consideration and approval.
16A fourth CMC is not scheduled at this time, however, is suggested pending the results of Phases 1 and 2 hearings and progress, if any, made with Tribunal-led mediation. The Parties are to report back to the Tribunal and schedule a fourth CMC or if not required, provide an additional DPO for the Phase 3 hearing (if still required) once issues are further scoped.
17Parties and participants are asked to log into the video hearings at least 15 minutes before the start of the event to test their video and audio connections.
18Parties 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.
19Persons 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 the audio-only telephone line with the Access Code indicated above.
20Individuals are directed to connect to the events on the assigned dates at the correct time. It is the responsibility of the persons participating in the video hearings to ensure that they are properly connected to the events at the correct time. Questions prior to the hearing events may be directed to the Tribunal’s Case Coordinator having carriage of this case.
21If any issues arise, the Member may be spoken to, if required, through correspondence received through the Case Coordinator.
22The Member is not seized for the purposes of the hearing of the appeal.
23No further notice is required.
“M. Russo”
M. russo
MEMBER
Ontario Land Tribunal
Website: www.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.