Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 21, 2022
CASE NO(S).: OLT-22-002169 (Formerly PL141189)
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Region of Peel
Appellant: Ministry of Municipal Affairs and Housing
Appellant: Caveze Investments Limited
Appellant: Adriano Lori; and others
Subject: Proposed Official Plan Amendment No. OP 2006-105
Municipality: City of Brampton
OLT Case No.: OLT-22-002169
Legacy Case No.: PL141189
OLT File No.: OLT-22-002169
Legacy File No.: PL141189
OLT Case Name: Bottos v. Brampton (City)
Heard: March 4, 2022 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| City of Brampton | B. Engell |
| The Regional Municipality of Peel | S. Garrod |
| Caveze Investments Limited | M. Cara |
| Adriano Iori and Genevieve Iori and 2167492 Ontario Inc. | P. Bottos |
| Orlando Corporation | L. Longo |
| AMB Highway BP 1 Canco Inc., AMB Highway BP 2 Canco Inc., and AMB Highway BP 3 Canco Inc. | J. Evola |
| 809017 Ontario Ltd. | A. Valela |
| S.F. Coleraine Holdings Ltd. | K. Stitt |
MEMORANDUM OF ORAL DECISION DELIVERED BY HUGH S. WILKINS ON MARCH 4, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision arises from a Case Management Conference (“CMC”) held on March 4, 2022 regarding the appeals of City of Brampton Official Plan Amendment No. 2006-105 as it relates to the Highway 427 Industrial Secondary Plan Area. The CMC was held at the same time as a CMC in Tribunal Case No. OLT-22-002156 (PL171159) relating to an associated site plan approval appeal.
2At 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
3The Tribunal received updates on the status and timing of the Greater Toronto Area (GTA) West Corridor and associated environmental assessment processes, each of which will impact the determination of the need for and scope of a hearing in this proceeding. The Parties stated that the processes are ongoing. The Parties requested, and the Tribunal directed, that a further CMC be held in July 2022 at the same time as the next CMC for the associated site plan approval appeal proceeding in Tribunal Case No. OLT-22-002156 (PL171159). At this next CMC, the Tribunal will receive further updates on the status of the proceeding.
Motion for Substitution
4The Tribunal also heard an unopposed motion to substitute “Velcor Enterprises Limited” (“Velcor”) as an Appellant in place of “Caveze Investments Limited” (“Caveze”). 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 lands previously owned by Caveze. These lands are the focus of Caveze’s appeal. He stated that Velcor intends to use and redevelop the lands in a manner that is consistent with the intentions of Caveze and that Velcor intends to rely on the issues raised by Caveze and will not raise any new issues.
5Section 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.
6The Tribunal found that given the change in ownership of the lands in question 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 an Appellant in place of Caveze.
ORDER
7The Tribunal orders that the motion for substitution is granted and that “Velcor Enterprises Limited” is substituted as an Appellant in place of “Caveze Investments Limited” in this proceeding.
8The Tribunal orders that the next CMC is scheduled to proceed by video on Friday, July 15, 2022 at 9 a.m.
9Parties 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
10Parties 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
11Persons 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.
12Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the CMC by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
13There will be no further notice.
14This 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.