Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 14, 2022
CASE NO(S).: OLT-21-001122
PROCEEDING COMMENCED UNDER section 38(4.1) of the Planning Act, R.S.O. 1990, c. P.13
Appellant: Evergreen Environmental Inc. and RIC (1515 Thornton) Inc.
Subject: Zoning By-Law Amendment
Description: To extend Interim Control By-law 25-2020 for a period of one year to prohibit the development of lands zoned as General Industrial within the area known as the Northwood Business Park while a land use study is being undertaken.
Municipal Reference Number: A-2020-56
Property Address: 1455, 1515, and 1517 Thornton Road North
Municipality: City of Oshawa
OLT Lead Case No.: OLT-21-001122
OLT Case No.: OLT-21-001122
OLT Case Name: Evergreen Environmental Inc. v. Oshawa (City)
Heard: In writing
APPEARANCES:
Parties
Counsel
Evergreen Environmental Inc. and RIC (1515 Thornton) Inc.
A.M. Heisey
City of Oshawa
A. Kosnick
DECISION DELIVERED BY HUGH S. WILKINS AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision arises from a request for costs made by Evergreen Environmental Inc. and RIC (1515 Thornton) Inc. (“Appellants”) regarding the conduct of the City of Oshawa (“City”) in a proceeding before the Tribunal regarding the Appellants’ appeal of the City’s Interim Control By-law No. 63-2021 (“Interim Control By-law No. 63-2021”).
2On February 24, 2020, the City passed Interim Control By-law No. 25-2020 (“Interim Control By-law No. 25-2020”) to prohibit development in all General Industrial (GI) Zones within the City’s Northwood Business Park for a period of one year in order to provide time for a land-use planning study to be undertaken. On May 25, 2021, the City passed Interim Control By-law No. 63-2021, which extended the application of Interim Control By-law No. 25-2020 to May 31, 2022.
3RIC (1515 Thornton) Inc. owns lands located at 1455, 1515 and 1517 Thornton Road North (“subject lands”) on which a waste transfer station and recycling facility are operated. The subject lands are subject to Interim Control By-law Nos. 25-2020 and 63-2021.
4The Appellants plan to make upgrades to the facilities on the subject lands. They applied for site plan approval and variances from Interim Control By-law No. 25-2020 to facilitate these changes. The City failed to make a decision on the application for site plan approval within the statutory timeframe and the City’s Committee of Adjustment refused the variance application.
5The Appellants appealed the failure of the City to make a decision on the site plan application and the Committee of Adjustment’s refusal to grant the variances (see Tribunal Case Nos. PL200463 and PL200466). The appeals were heard by the Tribunal’s predecessor, the Local Planning Appeal Tribunal, in February 2021 and a decision was issued on May 12, 2021 allowing the appeals (see Evergreen Environmental Inc. v. Oshawa, 2021 CanLII 41879 (ON LPAT) (“Tribunal’s site plan and variance appeal decision”)).
6Part of the City staff’s rationale for recommending the passage of Interim Control By-law No. 63-2021 was to allow time for the City to review and consider the Tribunal’s site plan and variance appeal decision as they believed that the outcome of the decision could have implications on the land-use planning study.
7On May 25, 2021, City Council decided to request the Tribunal to review its site plan and variance appeal decision and to seek leave to appeal that decision at the Divisional Court.
8On July 6, 2021, the Tribunal denied the City’s request for review.
9On July 15, 2021, the Appellants appealed Interim Control By-law No. 63-2021.
10On August 10, 2021, the Divisional Court dismissed the City’s request for leave to appeal the Tribunal’s decision.
11On September 27, 2021, the City repealed Interim Control By-law.
12On October 21, 2021, the Appellants made their request for costs to the Tribunal. The City filed responding materials on November 5, 2021 and the Appellants filed reply submissions on November 15, 2021.
Issue
13The issue is whether the City should be ordered to pay costs to the Appellants arising from the City’s conduct in relation to the Interim Control By-law No. 63-202