Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 01, 2022
CASE NO(S).: OLT-21-001742
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant Joshani Homes Ltd.
Subject: Application to amend the Zoning By-law – Refusal of the City of Pickering
Description: To permit a residential development consisting of 4 semi-detached dwelling units
Reference Number: A 03/19
Property Address: 375 Rosebank Road (375 Rosebank Road)
Municipality/UT: Pickering/Durham
OLT Case No: OLT-21-001742
OLT Case Name: Joshani Homes Ltd. v Pickering (City)
Heard: May 25, 2022 by video hearing
APPEARANCES:
Parties
Counsel
Joshani Homes Ltd.
Gerard Borean
City of Pickering
Mark Joblin Alyssa Granato
MEMORANDUM OF ORAL DECISION DELIVERED BY T.F. NG ON MAY 25, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) for the appeal held as a video hearing.
2The Joshani Homes Ltd. (“Applicant/Appellant”) has submitted a rezoning application to permit an infill residential development consisting of four semi-detached dwelling units fronting onto the southerly extension of Dunn Crescent. Dunn Crescent is proposed to be extended southwards terminating at a turning circle at the south end of 375 Rosebank Road (subject property). The subject property is currently vacant with mature vegetation and is approximately 2000 square metres in area.
3The Affidavit of Service and Notice of CMC is on the Tribunal’s file and now marked as Exhibit 1.
PARTY/PARTICIPANT STATUS
4One participant status request by John Lambert, in attendance, was granted by the Tribunal without objections. Potential participants not in attendance, were not given status.
MEDIATION
5Counsel informed the Tribunal that discussions are ongoing which may lead to a settlement and as such, no Tribunal-led mediation is contemplated.
DRAFT ISSUES LIST AND DRAFT PROCEDURAL ORDER
6Mr. Borean, Counsel for the Applicant, referred to the Draft Procedural Order and the Draft Issues List that were furnished on the day of the CMC. Counsel for the City, Mr. Joblin confirmed that the parties had reviewed and are in agreement on the draft Issues List and Procedural Order.
7Each party will only call one land use planning expert witness and counsel requested for a three (3)-day hearing to be fixed.
8The Tribunal will fix a three (3)-day hearing for the appeal.
9Parties 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 Wednesday, June 1, 2022.
HEARING DETAILS
10A three-day Hearing will commence at 10 a.m. on Wednesday, September 14, 2022 to Friday, September 16, 2022 by video hearing:
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/765631861
Access code: 765-631-861
12Parties 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.
13Persons 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 1-888-299-1889 or +1 (647) 497-9373. The Access Code is 765-631-861.
14Individuals 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 video hearing 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.
ORDER
15The Tribunal orders as follows:
a. The Hearing is scheduled for three days by video from Wednesday, September 14, 2022 to Friday, September 16, 2022.
b. The parties shall provide the Procedural Order to the Case Coordinator on or before Wednesday, June 1, 2022.
c. The Procedural Order shall govern the proceedings.
16There will be no further notice.
17The Member is not seized.
18The Tribunal so orders.
“T.F. Ng”
T.F. ng
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.