Ontario Land Tribunal
Issue Date: March 11, 2022 Case No(s).: OLT-22-002156 (Formerly PL171159)
Proceeding Commenced Under: subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Subject: Site Plan Property Address/Description: 10605 Coleraine Dr Municipality: City of Brampton
OLT Case Name: Caveze Investments Limited v. Brampton (City)
Heard: March 4, 2022 by video hearing
Appearances
| Parties | Counsel |
|---|---|
| Caveze Investments Limited | M. Cara |
| City of Brampton | B. Engell |
| The Regional Municipality of Peel | S. Garrod |
Memorandum of Oral Decision Delivered by Hugh S. Wilkins on March 4, 2022 and Order of the Tribunal
Introduction
1Caveze Investments Limited ("Caveze") appealed the failure of the City of Brampton to make a decision with respect to the Appellant's application for site plan approval regarding the property located at 10605 Coleraine Drive ("subject property").
2On March 4, 2022, the Tribunal held a Case Management Conference ("CMC") for this proceeding. The CMC was held at the same time as a CMC in Tribunal Case No. OLT-22-002169 (PL141189) relating to appeals of the City of Brampton Official Plan Amendment No. 2006-105.
3At the CMC, the Tribunal received an update on the status of the proceeding and heard a motion to substitute a party.
Update on the Status of the Proceeding
4The Tribunal received updates on the status of the proceeding. It was informed that the Appellant is completing reports to be sent to the Region of Peel for review. The Appellant was unable to provide an accurate time estimate for the completion of the reports or their delivery and requested that a further CMC be held at which further updates would be provided.
5The Tribunal asked the Appellant to expedite the completion and delivery of the reports and directed that a further CMC will be held at the same time as the next CMC in Tribunal Case No. OLT-22-002169 (PL141189) in July 2020.
Motion for Substitution
6The Tribunal also heard an unopposed motion to substitute "Velcor Enterprises Limited" ("Velcor") as the Appellant in place of "Caveze Investments Limited". The motion was supported by an affidavit, dated February 17, 2022, sworn by Daniel Artenosi, who acts as counsel for Velcor. In his affidavit, Mr. Artenosi stated that in November 2021, Velcor acquired the subject property from Caveze. He stated that Velcor intends to use and redevelop the subject property in a manner that is consistent with the intentions of Caveze and intends to rely on the issues raised by Caveze. He said it would not raise any new issues.
7Section 8.2 of the Tribunal's Rules states:
8.2 The Tribunal may add or substitute a party to a proceeding when that person satisfies any applicable legislative tests necessary to be a party and their interest may be transferred or transmitted to another party to be added or substituted provided their presence is necessary to enable the Tribunal to adjudicate effectively and completely on the issues in the proceeding.
8The Tribunal found that given the change in ownership of the subject property and the evidence that Velcor intends to rely on the issues raised by Caveze and will not raise any new issues, Velcor's presence is necessary to enable the Tribunal to adjudicate effectively and completely on the issues in the proceeding. It found that Velcor satisfies the applicable legislative tests necessary to be a Party. The Tribunal granted the motion and ordered that Velcor is substituted as the Appellant in place of Caveze.
Order
9The Tribunal orders that the motion for substitution is granted and that "Velcor Enterprises Limited" is substituted as the Appellant in place of "Caveze Investments Limited" in this proceeding.
10The Tribunal orders that the next CMC in this proceeding is scheduled to proceed by video hearing on Friday, July 15, 2022 at 9 a.m.
11Parties and participants 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/442599157
Access code: 442-599-157
12Persons 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) 497-9391 or Toll Free 1-888-455-1389. The access code is 442-599-157.
13Individuals are directed to connect to the hearing events on the assigned dates at the correct time. It is the responsibility of the persons participating in the hearings 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.
14There will be no further notice.
15This Member is not seized.
"Hugh S. Wilkins"
HUGH S. WILKINS
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.