Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 19, 2022
CASE NO(S).: OLT-22-002984 (Formerly PL160559)
PROCEEDING COMMENCED UNDER subsection 51(48) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Donwel Land Inc.
Subject: Proposed Change of Conditions of approval of draft plan of subdivision (Conditions No. 1, 5, 12, 14, 15, 18, 29-31, 34, 40, 41, 47-49, 52, 53, 56, 64, 67, 70, 71, 73-75, 80-85, 90, 93-99, 101, 103, 105, 107-112, 119, 124, 126, 127, 133)
Property Address/Description: 6000 Mary Anne Drive
Municipality: City of Ottawa
Municipal File No.: D07-16-15-0007
OLT Case No.: OLT-22-002984 Legacy Case No.: PL160559
OLT Lead Case No.: OLT-22-002984 Legacy Lead Case No.: PL160559
OLT Case Name: Donwel Land Inc. v. Ottawa (City)
PROCEEDING COMMENCED UNDER subsection 51(43) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Donwel Land Inc.
Subject: Conditions of approval of draft plan of subdivision (1, 5, 12, 14, 15, 18, 29-31, 34, 40, 41, 47-49, 52, 53, 56, 64, 67, 70, 71, 73-75, 80-85, 90, 93-99, 101, 103, 105, 107-112, 119, 124, 126, 127, 133)
Property Address/Description: 6000 Mary Anne Drive
Municipality: City of Ottawa
Municipal File No.: D07-16-15-0007
OLT Case No.: OLT-22-002985 Legacy Case No.: PL160561 OLT Lead Case No.: OLT-22-002984 Lead Case No.: PL160559
Heard: July 25, 2022 by Video Hearing
APPEARANCES:
Parties
Counsel
Donwell Land Inc.
J. Cardill
(“Applicant”/“Appellant”)
City of Ottawa (“City”)
T. Marc
MEMORANDUM OF ORAL DECISION DELIVERED BY S. TOUSAW ON JULY 25, 2022 AND ORDER OF THE TRIBUNAL
1This second Case Management Conference (“CMC”) was held for appeals to certain conditions for Phase 3 (“site”) of a draft plan of subdivision approved by the City affecting lands at 6000 Mary Anne Drive, Ottawa (known as Shadow Ridge Estates).
2At the first CMC on October 12, 2016, a hearing for these appeals was scheduled for 10 days commencing on June 12, 2017. The hearing was not held due to the Parties’ pursuit of resolutions to the appeals through mediation. The issues were not resolved and remain outstanding. This CMC was scheduled on the Tribunal’s commitment to address legacy files.
3For clarity, the Appellant, Donald Cardill for Donwel Land Inc., was represented today by his brother, John Cardill, as counsel. The Appellant is hopeful that the planning issues will be readily addressed by the prospective purchaser of the site, which in turn would enable the resolution of related legal disputes with the City.
4The City is less confident in the potential for resolution within a short timeframe, given the outstanding issues, including infrastructure requirements which may require additional land. The City would prefer that the Appellant withdraw these appeals, without prejudice to a future appeal to the subdivision conditions, and that the Tribunal extend draft plan approval for a further three years to enable the Applicant to satisfy conditions, given their complexity combined with the proposed change in ownership.
5On consent of the Parties, the Tribunal directed the Parties to engage their sincere intention to resolve the outstanding matters within the next 60 days. On or before Monday, September 26, 2022, the City will advise the Tribunal on the progress made, a suggested process from there, and the need for a further CMC, or its intention to file a Motion to Dismiss within a specified timeframe.
6The Tribunal Orders its directions as noted above.
7This Member is not seized but may be contacted through the Case Coordinator should procedural issues arise.
“S. Tousaw”
S. TOUSAW 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.