Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 23, 2022 CASE NO(S).: OLT-22-002257 (Formerly) PL210028
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: The Corporation of the City of Pickering Appellant: Pickering Properties Subject: By-law No. Z2/19 Municipality: Town of Ajax OLT Case No.: OLT-22-002257 Legacy Case No.: PL210028 OLT Lead Case No.: OLT-22-002257 Legacy Lead Case No.: PL210028 OLT Case Name: The Corporation of the City of Pickering v. Ajax (Town)
Heard: March 10, 2022 by telephone conference call (“TCC”)
APPEARANCES:
| Parties | Counsel |
|---|---|
| City of Pickering (the “City”) | Quinto Annibale |
| Pickering Developments Inc. | Ira Kagan |
| CPSP Annandale Nominee Inc. and CPSP Annandale Limited Partnership (the “Applicant”) | Tara Piurko |
| Town of Ajax (the “Town”) | Bruce Engell |
| Regional Municipality of Durham (the “Region”) | Kevin Ryan |
MEMORANDUM OF ORAL DECISION DELIVERED BY M. RUSSO ON MARCH 10, 2022 AND ORDER OF THE TRIBUNAL
1The Appeal before the Tribunal is pursuant to s. 34(19) of the Planning Act, R.S.O. 1990, c. P.13 (the “Act”).
BACKGROUND AND CONTEXT
2An application was filed with the Town for the property located at 221 Church Street South (the “Subject Lands”). The application sought to rezone a portion of the property located on the east side of Church Street South from Golf Facility Zone (GF) to Prestige Employment Zone (PE), and a portion of the property from Golf Facility Zone (GF) to Environmental Protection Zone (EP).
3The purpose of the proposed Zoning By-law Amendment (the “ZBLA”) application was to bring the Subject Lands into conformity with the Town Official Plan (“OP”) designation and facilitate the development of the lands. Council for the Town approved the application and passed By-law No. 52-2020 on the 7th day of December 2020, under s. 34 of the Act.
4Subsequently, the City and Pickering Developments Inc. both appealed the decision of Town Council to the Tribunal.
5The Tribunal, at its first Case Management Conference (“CMC”), ordered a hearing by video to commence on April 25, 2022 for 10 days to hear the disputed issues on the matter.
6A Procedural Order (the “PO”) was issued on November 29, 2021 outlining the manner and key dates relevant to the Hearing of the Merits scheduled before the Tribunal.
THE MINISTERIAL ZONING ORDER
7A ministerial zoning order (the “MZO”) was issued and filed affecting the Subject Lands on November 15, 2021.
8The Parties had differing opinions on how to procced with the scheduled April 25, 2022 hearing before the Tribunal.
9Through correspondence to the Tribunal, the Applicant and the Town felt that the Hearing was no longer needed as the matter was now a “moot point”. Their position was with the MZO now issued, the appealed By-law was no longer required in order to permit their desired development on the Subject Lands.
10Counsel for the Appellant (City of Pickering) did not support the position expressed by the Applicant and the Town. The position that the matter is now “moot” was countered with the Appellant’s position that the enactment of the MZO does not affect the status of By-law No. 52-2020 (the By-law under appeal in this matter).
11Counsel for the Applicant and the Town proposed that the Parties appear before the Tribunal and discuss possible pathways to deal with the matter. Possible options ranged from:
- the Appellants withdrawing their appeals;
- the Tribunal dismissing the matter;
- the Tribunal granting the appeals and declining to approve By-law No. 52-2020; and
- motions coming forward to express positions.
12In light of the differing opinions, the Parties came forward on consent, requesting a status update on the matter be scheduled (if possible, in advance of the Hearing of the merits). A TCC was scheduled to address the pathway most appropriate to deal with the matter going forward.
THE STATUS UPDATE
13At the TCC, the Parties advised the Tribunal that through their continued dialogue and discussions, they are at this time coming forward on consent requesting that the April 25, 2022 Hearing be adjourned sine die.
14The Parties are satisfied that they have worked through many of the issues, have considered the MZO, and are on the path to resolve the matter and advise the Tribunal at a future date if the Parties will be withdrawing their appeals or seeking a settlement hearing from the Tribunal.
15The Parties (jointly) further advised the Tribunal that they are confident that the ultimate pathway to conclude and close the file will be reached, pending the sequence of certain events that will follow (that involves Site Plan being sought and attained, as well as building permits in hand, and the eventual and likely repeal of by-laws from the Town) in the upcoming weeks and months. This will dictate and provide guidance to the Parties to determine the preferred pathway, which they estimate will likely conclude late fall of 2022.
16In the abundance of caution, the Tribunal advised the Parties that if the current hearing date is adjourned, there are no assurances that the Tribunal and its calendar can accommodate a contested hearing in a timeframe that will not prejudice the Parties, if discussions or negotiations are not concluded in an amicable or anticipated matter.
17The Parties were all confident of the pathway and course of action proposed and the Tribunal hearing individually from each Party that they would not be prejudiced if discussions go “sideways”, decided to grant the adjournment sought.
ORDER
18That the hearing for this matter scheduled to commence on April 25, 2022 for 10 days be adjourned sine die.
19The Parties are to report any substantial progress to the assigned Case Coordinator for this matter at their earliest convenience and are to request a date for a settlement hearing if required, to the Tribunal at their earliest convenience.
20The Member is not seized for the purposes of the hearing of the appeals.
21No further notice of the hearing 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.