Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 25, 2022
CASE NO(S).: OLT-21-001721
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Clublink Corporation ULC Subject: Proposed Official Plan Amendment No. 266 Municipality/UT: Ottawa OLT Case No.: OLT-21-001721 OLT Lead Case No.: OLT-21-001721 OLT Case Name: Clublink Corporation ULC v. Ottawa (City)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Clublink Corporation ULC Subject: By-Law No. 2021-328 Municipality/UT: Ottawa OLT Case No.: OLT-21-001722 OLT Lead Case No.: OLT-21-001721
Heard: March 17, 2022 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Clublink Corporation ULC (“Appellant”) | Mark Flowers |
| Bayview Hospitality Holdings Ltd. (“Applicant”) | Michael Polowin |
| City of Ottawa (“City”) | Christine Enta |
MEMORANDUM OF ORAL DECISION DELIVERED BY T.F. NG ON MARCH 17, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) for these appeals held as a video hearing.
2On October 13, 2021, the City of Ottawa (“City”) adopted Official Plan Amendment 266 (“OPA 266”), with respect to the Applicant’s application for an official plan amendment for lands municipally known as 6301 and 6475 Campeau Drive (“subject lands”) amending policy 5.7.5.8 of the Official Plan on the maximum building heights and Schedule B-2 of the Kanata Town Centre Special Policy Area as it pertains to the subject lands’ location.
3The Applicant applied for a zoning by-law amendment at the same time which amendment was passed as Zoning By-law No. 2021-328 (“ZBA”) by the City on October 13, 2021.
4The appeals are by the Appellant which is an owner of lands municipally known as 7000 Campeau Drive, in the vicinity affected by OPA 266 and the ZBA.
5The Affidavit of Service and Notice of CMC is on the Tribunal’s file and now marked as Exhibit 1. An abridgement of time for short service of the Notice of CMC was granted by the Tribunal on March 2, 2022.
PARTY/PARTICIPANT STATUS
6There were no requests for participant or party status.
APPLICANT’S DEVELOPMENT
7The Applicant’s subject lands comprise two parcels: 6301 and 6475 Campeau Drive. The Appellant originally filed appeals in respect of both parcels. Counsels informed the Tribunal that the Appellant is requesting a partial withdrawal of the appeal, respecting the 6301 parcel as the development on that parcel does not propose to drain stormwater onto the Appellant’s lands. The appeals remain intact for the 6475 parcel, since stormwater is proposed to drain from this parcel to the Appellant’s lands.
8Further to the appeals being filed, the Appellant did, by way of filing a letter with the Tribunal dated January 20, 2022, partially withdraw its appeals of OPA 266 and the ZBA, insofar as they relate to the eastern portion of the site, identified as “Parcel 2” in the Appellant’s Stormwater Management Report, dated August 2021, prepared by WSP Canada Group Limited and municipally known as 6301 Campeau Drive.
9Counsel for the Appellant confirmed that the appeals remain outstanding for that of the westerly portion of the site municipally known as 6475 Campeau Drive.
10Mr. Flowers, the Appellant’s counsel, confirmed that he consents to the OPA 266 and ZBA taking effect with respect to parcel 6301 and requested partial withdrawal of the appeal, by consent of the parties. Upon all counsels’ consent and request, the Tribunal brought into effect the application of OPA 266 and ZBA with respect to parcel 6301. The Tribunal allowed the partial withdrawal.
MEDIATION
11The parties’ counsels concur that there is ongoing discussions and negotiations but on a private and interparty basis. There is no need for a Tribunal-led mediation at this time and if the need arises, the parties will seek a mediation assessment for the Tribunal led process. Nevertheless, parties remain open to resolving this matter.
DRAFT ISSUES LIST AND DRAFT PROCEDURAL ORDER
12Counsel for the City, Ms. Enta, referred to the Draft Procedural Order and the Draft Issues List that were filed with the Tribunal. There were two lists of issues, i.e., List A and List B. The parties have decided by consent to append List B to the Draft Procedural Order as according to Messrs. Polowin and Flowers, this reflected the issues as divided into the “Appellant’s Issues” and the “Joint Issues of the City and the Applicant”.
13The parties requested for a 4-day hearing to be fixed, since if the matter goes for hearing, there will be a total of about seven expert witnesses. All parties are aware that a hearing will likely be fixed only in 2023, given the scheduling at the Tribunal.
14The Tribunal will fix a 4-day hearing for the appeals and a CMC for the parties to report on the settlement efforts and the status of respective appeals.
15Parties are directed to forward the Procedural Order with all timelines filled in together with the list of issues which shall be provided to the Case Coordinator on or before March 31, 2022.
HEARING DETAILS
16A one-day CMC hearing will commence on Friday, November 4, 2022 at 10 a.m. by video hearing:
GoTo Meeting: https://meet.goto.com/709076365
Audio-only telephone line: Toll Free 1-888-299-1889 or +1 (647) 497-9373
Access Code: 709-076-365
17A four-day Hearing will commence at 10 a.m. on Tuesday, February 7, 2023 to Friday, February 10, 2023 by video hearing:
GoTo Meeting: https://meet.goto.com/979388733
Audio-only telephone line: Toll Free 1-888-299-1889 or +1 (647) 497-9373
Access Code: 979-388-733
18Parties 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:
19Parties 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.
20Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the events by calling into the audio-only telephone line with the Access Code(s) indicated above.
21Individuals 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.
ORDER
22The Tribunal orders as follows:
a. The CMC is scheduled to proceed by video on Friday, November 4, 2022 at 10 a.m.
b. The Hearing is scheduled for four days by video from Tuesday, February 7, 2023 to Friday, February 10, 2023.
c. The parties shall provide the Procedural Order to the Case Coordinator on or before Thursday, March 31, 2022.
d. The Procedural Order shall govern the proceedings.
e. By consent of the parties, partial withdrawal of the appeals with respect to parcel 6301 is allowed.
f. OPA 266 is now in full force and effect with respect to the lands municipally known as 6301 Campeau Drive.
g. By-law No. 2021-328 of the City of Ottawa is now in full force and effect with respect to the lands municipally known as 6301 Campeau Drive, effective March 17, 2022.
23There will be no further notice.
24The Member is not seized.
“T.F. Ng”
T.F. ng
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.