Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 31, 2022
CASE NO(S).: OLT-21-001593 OLT-22-002803
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Dana Saccoccio Subject: Proposed Official Plan Amendment No. 40 Municipality: City of Pickering OLT Case No.: OLT-21-001593 OLT Lead Case No.: OLT-21-001593 OLT Case Name: Centreville Homes (Pickering) Inc./ Saccoccio v. Pickering (City)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Dana Saccoccio Subject: By-law No. 7872/21 Municipality: City of Pickering OLT Case No.: OLT-21-001594 OLT Lead Case No.: OLT-21-001593
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Dana Saccoccio Subject: By-law No. 7873/21 Municipality: City of Pickering OLT Case No.: OLT-21-001595 OLT Lead Case No.: OLT-21-001593
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Dana Saccoccio Subject: By-law No. 7874/21 Municipality: City of Pickering OLT Case No.: OLT-21-001596 OLT Lead Case No.: OLT-21-001593
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Dana Saccoccio Subject: By-law No. BL 7900/22 Municipality: City of Pickering OLT Case No.: OLT-22-002803 OLT Lead Case No.: OLT-22-002803 OLT Case Name: Saccoccio v. Pickering (City)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Dana Saccoccio Subject: By-law No. BL 7901/22 Municipality: City of Pickering OLT Case No.: OLT-22-002804 OLT Lead Case No.: OLT-22-002803
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Dana Saccoccio Subject: By-law No. BL 7902/22 Municipality: City of Pickering OLT Case No.: OLT-22-002805 OLT Lead Case No.: OLT-22-002803
Heard: June 8 and July 11, 2022 by Video Hearing
APPEARANCES:
Parties Counsel
Dana Saccoccio (“Appellant”) G. Brannan
City of Pickering M. Joblin
MEMORANDUM OF ORAL DECISION DELIVERED BY D. ARNOLD AND HUGH S. WILKINS ON JULY 11, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Case Management Conference (“CMC”) was held over two days, June 8, and July 11, 2022, to prepare for a hearing on the merits of the Appellant’s appeals to the Ontario Land Tribunal (“Tribunal”) of an Official Plan Amendment No. 40 to the City of Pickering’s (“City”) Official Plan adopted by the City pursuant to By-law No. 7871/21 pertaining to Infill and Replacement Housing in Established Neighbourhoods and Zoning By-law Amendment Nos. 7872/21, 7873/21, 7874/21, 7900/21, 7901/22 and 7902/22 to the City’s Zoning By-law relating to the lands identified as Established Neighbourhood Precincts Ward 1, 2 and 3 in the City.
2It is noted that prior to this CMC, appeals filed by Centreville Homes (Pickering) Inc. pertaining to Official Plan Amendment No. 40 and Zoning By-law Amendment No. 7872/21 were withdrawn by letter, dated May 30, 2022, to the Tribunal.
3The Tribunal entered the Affidavit of Service of Susan Cassel, City Clerk, sworn May 6, 2022, demonstrating timely notice of this CMC as Exhibit 1 in Evidence.
PARTY AND PARTICIPANT STATUS
4No persons appeared at the CMC requesting Party or Participant Status in this matter.
OPPORTUNITIES FOR MEDIATION/SETTLEMENT
5The Tribunal canvassed whether there had been any settlement or mediation discussions between the Parties or opportunities for same in an effort to scope the disputed issues or reach a partial or complete resolution of the disputed issues. The City indicated that it did not wish to pursue mediation at this time but did indicate that the experts’ meeting held prior to the hearing might result in some productive outcomes.
PROCEDURAL ORDER
6The Tribunal approved a draft Procedural Order with Issues List submitted on consent of the Parties. The Procedural Order with Issues List is approved as set out in Attachment 1 of this Decision.
HEARING DATES
7The Parties request a 15-day hearing based on the number of witnesses that each Party intends to call pertaining to land use planning, urban design, and fact evidence witnesses.
8The hearing by video will commence at 10 a.m., on Monday July 17, 2023.
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/927921077
Access code: 927-921-077
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: (Toll Free) 1(888) 299-1889 or +1(647) 497-9391. The access code is as indicated above.
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 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.
ORDER
13The Tribunal’s orders and directions set out above are so ordered.
14The hearing by video will commence at 10 a.m., on Monday, July 17, 2023 for 15 days and in accordance with the provisions of the Procedural Order as approved pursuant to this Order.
15No further notice will be given.
16The Members of this Panel are not seized but may be spoken to for case management purposes.
“D. Arnold”
D. Arnold MEMBER
“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.
ATTACHMENT 1
CASE NO(S).: OLT-21-001593 OLT-22-002803
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Centreville Homes (Pickering) Inc. Appellant: Dana Saccoccio Subject: Proposed Official Plan Amendment No. 40 Municipality: City of Pickering OLT Case No.: OLT-21-001593 OLT Lead Case No.: OLT-21-001593 OLT Case Name: Centreville Homes (Pickering) Inc./ Saccoccio v. Pickering (City)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Centreville Homes (Pickering) Inc. Appellant: Dana Saccoccio Subject: By-law No. 7872/21 Municipality: City of Pickering OLT Case No.: OLT-21-001594 OLT Lead Case No.: OLT-21-001593
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Centreville Homes (Pickering) Inc. Appellant: Dana Saccoccio Subject: By-law No. 7873/21 Municipality: City of Pickering OLT Case No.: OLT-21-001595 OLT Lead Case No.: OLT-21-001593
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Centreville Homes (Pickering) Inc. Appellant: Dana Saccoccio Subject: By-law No. 7874/21 Municipality: City of Pickering OLT Case No.: OLT-21-001596 OLT Lead Case No.: OLT-21-001593 OLT Case Name: Saccoccio v. Pickering (City)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Dana Saccoccio Subject: By-law No. BL 7900/22 Municipality: City of Pickering OLT Case No.: OLT-22-002803 OLT Lead Case No.: OLT-22-002803
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Dana Saccoccio Subject: By-law No. BL 7901/22 Municipality: City of Pickering OLT Case No.: OLT-22-002804 OLT Lead Case No.: OLT-22-002803
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Dana Saccoccio Subject: By-law No. BL 7902/22 Municipality: City of Pickering OLT Case No.: OLT-22-002805 OLT Lead Case No.: OLT-22-002803
PROCEDURAL ORDER
- The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties’ request or its own motion.
Organization of the Hearing
- The video hearing will begin on July 17, 2023 at 10:00 a.m.
https://global.gotomeeting.com/join/927921077
Access code: 927-921-077
Audio-only Telephone Line: (Toll Free) 1(888) 299-1889/ +1 (647) 497-9391.
Access code: is as indicated above.
The parties’ initial estimation for the length of the hearing is 15 days. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.
The parties and participants identified at the case management conference are set out in Attachment 1.
The issues are set out in the Issues List attached as Attachment 2. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.
The order of evidence shall be as set out in Attachment 3 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.
Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website.
Requirements Before the Hearing
A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of the witnesses and the order in which they will be called. This list must be delivered on or before Tuesday, April 18, 2023 and in accordance with paragraph 21 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.
Expert witnesses in the same field shall have a meeting on or before Thursday, May 18, 2023 and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before Monday, May 28, 2023.
An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 12 below. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.
Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s evidence as in paragraph 12 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 12 below.
On or before Friday, June 9, 2023, the parties shall provide copies of their [witness and] expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 20 below.
On or before Friday, June 9, 2023, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 22 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.
On or before Monday, July 10, 2023, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 22 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.
On or before Tuesday, July 4, 2023, the parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence in accordance with paragraph 20 below.
The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before Friday, July 7, 2023.
A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.
A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.
The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before Wednesday, July 12, 2023 with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.
All filings shall be submitted electronically and in hard copy. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7.
No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.
A summary of the various procedural dates is contained in Attachment 5.
These Members are not seized.
So orders the Tribunal.
Attachment 1
List of Parties and Participants
Parties:
Party Counsel/Representative
Dana Saccoccio Gina Brannan Brannan Meiklejohn LLP GBrannan@bmbarristers.com
City of Pickering Quinto Annibale and Mark Joblin Loopstra Nixon LLP QAnnibale@loonix.com MJoblin@loonix.com
Participants:
Attachment 2
ISSUES LIST
NOTE: The identification of an issue does not mean that all parties agree that such issue, or the manner in which the issue is expressed, is appropriate or relevant to the determination of the Tribunal at the hearing. The extent to which these issues are appropriate or relevant to the determination of the Tribunal at the hearing will be a matter of evidence and argument at the hearing.
The Planning Act, R.S.O. 1990, c. P.13
Considering the relationship between the Proposed Official Plan Amendment No. 40 ("OPA 40") and the Urban Design Guidelines & Checklist, are the related policies of OPA 40 permitted under the Planning Act?
Does the language in OPA 40 comply with the Planning Act, including section 16(2) (a)?
Does OPA 40 (including requirements related to the Urban Design Guidelines & Checklist) and do the zoning by-law amendments, have regard for matters of provincial interest identified in the Planning Act, including sections 2 (b), (f), (h), (j), (n), (p), (q)?
Provincial Policy Statement (2020)
- Is OPA 40 (including requirements related to the Urban Design Guidelines & Checklist) and are the zoning by-law amendments, consistent with the Provincial Policy Statement, including but not limited to policies 1.1.1, 1.1.3.4, 1.4.1, 1.4.3, 1.6.3, 1.6.6.2 and 1.7.1?
Provincial Plans – A Place to Grow: Growth Plan for the Greater Golden Horseshoe
- Does OPA 40 (including requirements related to the Urban Design Guidelines & Checklist) and do the zoning by-law amendments conform to the Provincial Plan, A Place to Grow, including but not limited to policies 2.2.1 and 2.2.6?
Pickering Official Plan (2021)
- Do the zoning by-law amendments conform to the Pickering Official Plan including but not limited to Sections 1.1, 1.3(c), 6.1, 6.2 and 9.2(e)?
General
Is the Infill and Replacement Housing Study, which led to OPA 40 and the zoning by-law amendments, relevant and appropriate to inform the development of OPA 40 (including requirements related to the Urban Design Guidelines & Checklist) and the zoning by-law amendments?
Are the defined neighbourhood boundaries appropriate for defining the predominant neighbourhood character?
Does OPA 40, (including requirements related to the Urban Design Guidelines & Checklist), inappropriately introduce new and different building performance measures in the variance application process compared to the as-of-right building permit process?
Do the zoning by-law amendments inappropriately remove existing development rights?
To what extent are OPA 40 (including requirements related to the Urban Design Guidelines & Checklist) and the zoning by-law amendments required to respond to any impacts of COVID-19 on housing needs, and do they appropriately respond to any such impacts.
Do the zoning by-laws provide appropriate performance measures in particular with respect to:
a. Dwelling depth maximum;
b. Front yard setback maximum;
c. Front yard setback minimum;
d. Lot coverage; and
e. Height maximum?
- Are OPA 40 (including requirements related to the Urban Design Guidelines & Checklist) and are the zoning by-law amendments good planning?
Attachment 3
Order of Evidence
- Dana Saccoccio
- City of Pickering
- Reply of Dana Saccoccio
Attachment 4
Meaning of terms used in the Procedural Order:
A party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other parties, and making submissions on all of the evidence. An unincorporated group cannot be a party and it must appoint one person to speak for it, and that person must accept the other responsibilities of a party as set out in the Order. Parties do not have to be represented by a lawyer and may have an agent speak for them. The agent must have written authorisation from the party.
NOTE that a person who wishes to become a party before or at the hearing, and who did not request this at the case management conference (CMC), must ask the Tribunal to permit this.
A participant is an individual or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a party may do so). Section 17 of the Ontario Land Tribunal Act states that a person who is not a party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A participant may also be asked questions by the parties should the Tribunal direct a participant to attend a hearing to answer questions on the content of their written submission.
A participant must be identified and be accorded participant status by the Tribunal at the CMC. A participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A participant cannot ask for costs, or review of a decision, as a participant does not have the rights of a party to make such requests of the Tribunal.
Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party or participant intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.
Visual evidence includes photographs, maps, videos, models, and overlays which a party or participant intends to present as evidence at the hearing.
A witness statement is a short written outline of the person’s background, experience and interest in the matter; a list of the issues which he or she will discuss ; and a list of reports or materials that the witness will rely on at the hearing.
An expert witness statement should include his or her (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness’ opinions on those issues and the complete reasons supporting their opinions and conclusions and (5) a list of reports or materials that the witness will rely on at the hearing. An expert witness statement must be accompanied by an acknowledgement of expert’s duty.
A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a statement of the participant’s position on the appeal; a list of the issues which the participant wishes to address and the submissions of the participant on those issues; and a list of reports or materials, if any, which the participant wishes to refer to in their statement.
Additional Information
A summons may compel the appearance of a person before the Tribunal who has not agreed to appear as a witness. A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons through a request. (See Rule 13 on the summons procedure.) The request should indicate how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the information provided in the request that the evidence is relevant, necessary or admissible, the party requesting the summons may provide a further request with more detail or bring a motion in accordance with the Rules.
The order of examination of witnesses is usually direct examination, cross-examination and re-examination in the following way:
- direct examination by the party presenting the witness;
- direct examination by any party of similar interest, in the manner determined by the Tribunal;
- cross-examination by parties of opposite interest;
- re-examination by the party presenting the witness; or
- another order of examination mutually agreed among the parties or directed by the Tribunal.
Attachment 5
Summary of Procedural Dates
Date Hearing Event
Tuesday, April 18, 2023 Exchange of list of witnesses and the order in which they will be called
Thursday, May 18, 2023 Meeting of expert witnesses in the same field
Monday, May 28, 2023 Filing of agreed statement of facts
Friday, June 9, 2023 Exchange of expert reports/expert witness statements/written evidence, evidence outlines for witnesses under summons
Tuesday, July 4, 2023 Exchange of response evidence/statements (if any)
Friday, July 7, 2023 Completion of joint document book
Monday, July 10, 2023 Exchange of visual evidence (if any)
At least 7 days prior to the hearing date Notification to Tribunal and parties if witness not providing oral evidence
Wednesday, July 12, 2023 Parties to prepare and file hearing plan
Monday, July 17, 2023 Hearing begins