Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 04, 2022
CASE NO(S).: OLT-22-002270 (Formerly PL210125)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Hanlon Glen Homes Inc. Subject: Application to amend Zoning By-law No. 0225-2007 – Neglect of the City of Mississauga to make a decision Existing Zoning: D-8 (Development – Exception) and G1-7 Greenlands – Exception) Proposed Zoning: R2-Exception (Detached Dwellings-Typical Lots), R11-Exception (Detached Dwellings-Garage Control Lots – Exception), RM2 -Exception (Semi-Detached), OS1 (Open Space-Community Park) and OS1-Exception (Open Space-Community Park-Exception) Purpose: To permit 260 detached and 62 semi-detached dwellings, a public park, a stormwater management pond and to retain the existing heritage house Property Address/Description: 1200 Old Derry Road Municipality: City of Mississauga Municipality File No.: OZ 19/20 OLT Case No.: OLT-22-002270 Legacy Case No.: PL210125 OLT Lead Case No.: OLT-22-002270 Legacy Lead Case No.: PL210125 OLT Case Name: Hanlon Glen Homes Inc. v. Mississauga (City)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Hanlon Glen Homes Inc. Subject: Proposed Plan of Subdivision – Failure of the City of Mississauga to make a decision Purpose: To permit the creation of lots and blocks for the dwellings, public roads, and the stormwater pond Property Address/Description: 1200 Old Derry Road Municipality: City of Mississauga Municipality File No.: OZ 19/20 OLT Case No.: OLT-22-002271 Legacy Case No.: PL210126 OLT Lead Case No.: OLT-22-002270 Legacy Lead Case No.: PL210125
Heard: April 19, 2022 by Video Hearing
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| Hanlon Glen Homes Inc. | John Alati |
| City of Mississauga | Lisa Magi |
| Regional Municipality of Peel | Rachel Godley, Frank Baldesarra, Peter Van Loan |
| Meadowvale Village Community Association | Natasha Papulkas and Yasmeen Peer (in absentia Ian Flett) |
| Credit Valley Conservation Authority | Lisa Hosale*, Dorothy DiBerto* |
DECISION DELIVERED BY S. BRAUN AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was a second Case Management Conference (“CMC”) in relation to appeals brought by Hanlon Glen Homes Inc. (“Appellant”) pursuant to s. 34(11) and s. 51(34) of the Planning Act (“Act”) against the failure of the City of Mississauga (“City”) to make a decision within the statutory timeframes on applications for Zoning By-law Amendment (“ZBLA”) and draft Plan of Subdivision approval in relation to the property located at 1200 Old Derry Road (“subject property”).
2The Appellant proposes to develop 260 detached and 62 semi-detached dwellings, a public park, a stormwater management pond and to retain an existing heritage house on the subject property.
HEARING/SUBSEQUENT CMC
3Given the number of Parties and the lengthy list of anticipated issues, the Parties requested the Tribunal schedule a 28-day hearing. Due to calendar constraints, the Tribunal scheduled a 27-day hearing, which will commence at 10 a.m. on Monday, April 3, 2023. It should be noted that the Tribunal will not sit on April 7, 10 or 17, 2023.
4Parties 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://meet.goto.com/765631861
Access Code: 765-631-861
5Parties 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.
6Persons 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: (Toll Free): 1-888-455-1389 or +1 (647) 497-9391. The access code is 765-631-861.
7Individuals 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 hearing 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.
PROCEDURAL ORDER/ISSUES LIST
8Although a draft Procedural Order (“PO”) was provided in advance of the CMC, the Parties had not yet finalized an Issues List (“IL”). On consent, the Parties agreed to work toward finalizing the IL and to resubmit a revised IL and PO, reflective of updated timelines for pre-hearing deliverables in accordance with the hearing dates provided. Mr. Margaritis undertook to circulate revisions of the IL and PO to the Parties for their consent and to submit same to the Tribunal no later than Tuesday, May 10, 2022.
9It was further agreed by all Parties that, should they not be able to agree on a final IL by May 10, 2022, Mr. Margaritis would contact the Case Coordinator to request either a further CMC or a Telephone Conference Call to seek direction from the Tribunal, in this regard.
10The Tribunal raised a concern with respect to the long list of individuals who requested and were granted Participant status at an earlier CMC held before a panel of the Tribunal differently constituted. As the list exceeds 70 Participants, in an effort to avoid duplication of concerns in Participant statements, the Tribunal directed those Participants who share common concerns to submit a joint statement, so as to ensure that concerns are disposed of in a fair, just, expeditious and cost-effective manner.
11It was noted that some Participants may also be members of the Meadowvale Village Community Association (“MVCA”) and in that regard, such individuals may have concerns which are duplicative of the arguments and evidence to be led by the MVCA at the hearing. As such, Ms. Papulkas undertook to review the list of Participants in order to identify those individuals who may also be Members of the MVCA and to assist in ensuring that their written statements are not duplicative of MVCA’s case and/or to assist such individuals in organizing a common Participant statement should they wish to raise concerns, which the MVCA does not anticipate addressing as part of their case.
MEDIATION AND SETTLEMENT
12The Tribunal raised the issue of opportunities for settlement, including the use of Tribunal-assisted mediation and was advised that all Parties are currently engaged in ongoing discussions aimed at settlement. It is anticipated that some, if not all of the issues may be resolved as a result of these ongoing discussions.
13The Parties were directed to advise the Tribunal in writing should they reach a settlement with respect to some or all of the issues prior to the hearing and, if applicable, as a result of a narrowing of the IL, to advise whether a shorter hearing might be required.
OTHER MATTERS
14The Tribunal inquired as to whether there were any other matters to be addressed which might assist in the fair, just and expeditious resolution of this matter. The Parties indicated there were none.
15There will be no further notice and this Member is not seized, but may be available for case management should scheduling permit.
16It is so ordered.
“S. Braun”
S. BRAUN 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.