Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 29, 2022
CASE NO(S).: OLT-21-001766
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, C. P. 13, as amended
Appellant: Cadillac Fairview Corporation
Appellant: CP REIT Ontario Properties & BMO Assurance Company
Subject: Proposed Official Plan Amendment No. OPA 745 - Masonville Secondary Plan Area
Municipality: City of London
OLT Case No.: OLT-21-001766
OLT Lead Case No.: OLT-21-001766
OLT Case Name: Cadillac Fairview Corporation v. London (City)
Heard: June 23, 2022 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| CP Reit Ontario Properties Limited | Katie Butler (and J. Pitman Patterson in absentia) |
| BMO Life Assurance Company | Katie Butler (and J. Pitman Patterson in absentia) |
| The Cadillac Fairview Corporation Limited | Chantal deSereville (and Denise Baker in absentia) |
| City of London | Aynsley Anderson and Christina McCreery |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. BRAUN ON JUNE 23, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The City of London (“City”) adopted a new secondary plan for the Masonville Area (“MSP”) in October 2021. A total of three appeals were filed pursuant to s. 17(24) of the Planning Act1 (“Act”). The Appellants (CP Reit Ontario Properties Limited; BMO Life Assurance Company; and The Cadillac Fairview Corporation Limited) all own lands within the area subject to the MSP and have specifically identified the particular policies and schedules of the MSP being appealed.
2The Tribunal convened this first Case Management Conference (“CMC”) to organize the appeals and establish the next steps in this proceeding. An Affidavit of Service dated June 9, 2022, confirming Notice of this CMC was properly given, was marked as Exhibit 1. In response to the Notice, the Tribunal received no requests for Party or Participant Status. Accordingly, the Appeal will proceed with the involvement and participation of only the Statutory Parties.
MOTION BY THE CITY
3The City filed a Motion returnable at today’s CMC, seeking an Order of the Tribunal, pursuant to s. 17(27) of the Act, confirming that the unappealed portions of the MSP came into effect on November 26, 2021 (the day after the last day for filing a Notice of Appeal). Counsel for the City explained that the Order was being sought out of an abundance of caution and to provide clarity for any reader of the MSP or any readers of this decision with respect to what is, and what is not, under appeal. Counsel for all three Appellants indicated their clients were consenting to the City’s Motion.
4The City submitted a Motion Record (Exhibit 2) which included the Affidavit of Sonia Wise, a Registered Professional Planner who currently holds the position of Senior Planner with the City. Ms. Wise, through her Affidavit, confirmed that the Notice of Decision was served on November 5, 2021 and the last day for filing appeals was November 25, 2021. With reference to s. 17(27) of the Act, which states:
Decision final
(27) If one or more persons or public bodies have a right of appeal under subsection (24) in respect of all or part of the decision of council, but no notice of appeal is filed under that subsection and the time for filing appeals has expired,
(a) the decision of council or the part of the decision that is not the subject of an appeal is final; and
(b) the plan or part of the plan that was adopted and that is not the subject of an appeal comes into effect as an official plan or part of an official plan on the day after the last day for filing a notice of appeal,
Ms. Wise recommended the Tribunal grant the relief as requested by the City.
5The Tribunal accepted the Affidavit evidence of Ms. Wise and, on the consent of the Parties, granted the City’s request, confirming the parts of the MSP that are not the subject of an appeal are in full force and effect as of November 26, 2021, being the day after the last day for filing a Notice of Appeal.
6The coming into force of the unappealed portions of the MSP is without prejudice to the appeal rights of the Parties and shall not have the effect of limiting the jurisdiction of the Tribunal to consider and approve modifications, deletions or additions to the unapproved policies, schedules, maps, figures, definitions, tables or text to the policies that remain under appeal.
MEDIATION AND SETTLEMENT
7The Tribunal raised the issue of opportunities for settlement, including the use of Tribunal-assisted mediation. The Parties advised that they would, in all likelihood, avail themselves of this resource at some point in the future. They were advised to contact the assigned Case Co-ordinator to request assistance with the scheduling of such mediation, should they choose to pursue same.
PROCEDURAL ORDER/ISSUES LIST
8Although a draft Procedural Order (“PO”) and Issues List was provided in advance of the CMC, the Tribunal directed revisions in accordance with an updated version of the Sample Procedural Order for Video Hearings. Counsel for the City undertook to revise, circulate to the Parties and resubmit a Draft PO for the Tribunal’s review and approval by Thursday, June 30, 2022.
HEARING
9The Parties requested a seven (7)-day hearing, suggesting that the most efficient way to deal with the matters would be to have them heard one after the other, with the Cadillac Fairview Corporation Limited appeal being heard first, followed by the appeals of CP Reit Ontario Properties Limited and BMO Life Assurance Company.
10The Tribunal scheduled a video hearing, which will commence at 10 a.m. on Friday, June 26, 2023 for seven (7) days. It should be noted that, due to a previously scheduled Board Meeting, the Tribunal will not sit on Friday, June 30, 2023. Accordingly, the hearing shall resume at 10 a.m. on the next business day, being Tuesday, July 4, 2023.
11Parties 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/979388733
Access Code: 979-388-733
12Parties 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 979-388-733.
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 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.
OTHER MATTERS
15The 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.
ORDER
The Tribunal Orders:
a) A seven (7)-day video hearing is scheduled to commence at 10 a.m. on Friday, June 26, 2023. The Tribunal will not sit on Friday, June 30, 2023 and the hearing shall resume at 10 a.m. on Tuesday, July 4, 2023;
b) The Parties are directed to submit a revised draft PO and Issues List for the Tribunal’s review and approval no later than Friday, June 30, 2022;
c) There will be no further notice and this Member is not seized, but may be available for case management should scheduling permit.
16With respect to the City’s Motion:
a) having heard the submissions of counsel for the City of London (the “City”) related to the confirmation of policies that are not subject to appeal in the above-noted proceeding;
b) having received consent by all affected Parties to the City’s Motion; and
c) having accepted the Affidavit evidence of Sonia Wise, Senior Planner, for the City of London;
The Tribunal Orders that, in accordance with s. 17(27) of the Planning Act, R.S.O. 1990, c. P.13, the policies attached as Schedule A to this Order are not under appeal in this proceeding;
17This Order shall be strictly without prejudice to, and shall not have the effect of limiting:
a) The right of Appellants to continue appeals;
b) The jurisdiction of the Tribunal to consider and approve modifications, deletions or additions to the unapproved policies, schedules, maps, figures, definitions, tables and associated text in the Masonville Secondary Plan as the case may be, provided that the parties shall be bound by the commitments made by them to scope their issues to a site-specific or area-specific basis as identified in this proceeding.
18The Tribunal may be spoken to in the event any matters arise in connection with the implementation of the Order in relation to the City’s Motion.
“S. Braun”
S. BRAUN
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.
Schedule A to Order
| Policy | Policy Title | Page |
|---|---|---|
| Policy 1.0 | Introduction | 1 |
| Policy 1.1 | Background | 1 |
| Policy 1.2 | Location | 3 |
| Policy 1.3 | Purpose and Use | 4 |
| Policy 1.4 | Vision | 5 |
| Policy 1.5(i), (iii)-(vi) | Principles | 5 |
| Policy 2.0 | Community Structure | 9 |
| Policy 2.1 | Areas of Intensity | 9 |
| Policy 2.2 | Areas of Sensitivity | 9 |
| Policy 2.4 | Transit Station | 10 |
| Policy 2.5 | Moving Around | 10 |
| Policy 3.0 | General Policies | 13 |
| Policy 3.1 | Mobility and Public Realm | 13 |
| Policy 3.1.3 | Private Streets | 18 |
| Policy 3.1.3.2 | Additional Elements for Private Streets | 20 |
| Policy 3.1.4 | Parking | 21 |
| Policy 3.2.1(i), (iii)-(iv) | Green Spaces | 23 |
| Policy 3.2.2 | Green Buildings | 24 |
| Policy 3.3 | Stormwater Management | 25 |
| Policy 3.4 | Community Facilities | 26 |
| Policy 3.5 | Protected Major Transit Station Area | 27 |
| Policy 3.6 | Transit Station | 27 |
| Policy 3.9 | Community Benefits | 32 |
| Policy 4.0 | Land Use | 33 |
| Policy 4.3 | Low-Rise Residential Area | 34 |
| Policy 4.3.1 | Permitted Uses | 34 |
| Policy 4.4 | Priority Ground Floor Uses | 35 |
| Policy 4.4.1 | Commercial Character Streets | 35 |
| Policy 4.4.2 | Residential Character Streets | 35 |
| Policy 4.4.3 | Flexible Character Streets | 35 |
| Policy 5.0 | Height | 37 |
| Policy 5.3 | Mid-Rise Area | 38 |
| Policy 5.4 | Low-Rise Area | 38 |
| Policy 6.0 | Build Form | 41 |
| Policy 6.1 | General | 41 |
| Policy 6.2 | High-Rise Buildings | 43 |
| Policy 6.3 | Mid-Rise Buildings | 45 |
| Policy 6.4 | Low-Rise Buildings | 46 |
| Policy 6.6 | Back of House and Loading Areas | 48 |
| Policy 7.0 | Our Tools | 49 |
| Policy 7.1 | Implementation of the Plan | 49 |
| Policy 7.2 | Interpretation | 50 |
| Policy 7.3 | Municipal Works | 50 |
| Policy 7.4 | Official Plan | 50 |
| Policy 7.5 | Zoning By-law | 51 |
| Policy 7.6 | Plans of Subdivision, Plans of Condominium, and Consents to Sever | 51 |
| Policy 7.7 | Site Plan Approval | 51 |
| Policy 7.8 | Guideline Documents | 51 |
| Policy 7.10 | New Parkland | 53 |
| Policy 7.11 | Stormwater Management | 54 |
| Policy 7.12 | Required Studies | 55 |
| Policy 8.0 | Specific Policy Areas | 57 |
| Policy 8.1 | Richmond Street-Old Masonville | 57 |
| Policy 8.2 | 1643, 1649, 1653 Richmond Street | 61 |
| Policy 8.3 | 230 North Centre Road | 64 |
| Policy 8.4 | 1836 Richmond Street | 64 |
| Policy 8.5 | 109 Fanshawe Park Road East | 64 |
| Policy 9.0 | Schedules | 65 |
| Schedule 1 | Plan Boundary | 66 |
| Schedule 4 | Heights | 69 |
| Schedule 6 | Priority Ground Floor Uses | 71 |
Footnotes
- R.S.O. 1990, c. P. 13, as amended.