Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 14, 2022
CASE NO(S).: OLT-22-002605
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: Gagnon Walker Domes Ltd. – 1905372 Ontario Inc. on behalf of Maninder Mand, Kulwinder Mand and Manmitpal Mand
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the development of two apartment buildings
Reference Number: OZS-2020-0037
Property Address: 10785, 10799, 10807, and 10817 McLaughlin Road North
Municipality/UT: Brampton/Peel
OLT Case No.: OLT-22-002605
OLT Lead Case No.: OLT-22-002605
OLT Case Name: 190532 Ontario Inc. v. Brampton (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: Gagnon Walker Domes Ltd. – 1905372 Ontario Inc. on behalf of Maninder Mand, Kulwinder Mand and Manmitpal Mand
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of two apartment buildings
Reference Number: OZS-2020-0037
Property Address: 10785, 10799, 10807, and 10817 McLaughlin Road North
Municipality/UT: Brampton/Peel
OLT Case No.: OLT-22-002606
OLT Lead Case No.: OLT-22-002605
Heard: July 19, 2022, by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Gagnon Walker Domes Ltd./1905372 Ontario Inc. | Scott Snider, Anna Toumanians (Co-Counsel) |
| City of Brampton | Matthew Rea, Sameer Akthar |
DECISION DELIVERED BY D. CHIPMAN and ORDER OF THE TRIBUNAL
1This Decision arises from the first Case Management Conference (“CMC”) for the appeals brought by Gagnon Walker Domes Ltd./1905372 Ontario Inc. et. al. (“Applicant/Appellant”) regarding the failure of the City of Brampton (“City”) to make decisions on applications for an Official Plan Amendment (“OPA”) and a Zoning By-law Amendment (“ZBA”) to facilitate the development on the lands located at 10785, 10799, 10807, 10817 McLaughlin Road North, pursuant to s. 22(7) (OPA) and s. 34(11) (ZBA) of the Planning Act.
2The Applications seeks to permit the development of two apartment buildings, with a maximum height of seven storeys, that will include a total of 150 units and 174 parking spaces. The consolidated properties each contain single detached residential dwellings and accessory structures that will be demolished.
3The lands are designated Residential in the Official Plan and an amendment is not required. It is however, designated Low/Medium Residential in the Northwest Sandalwood Parkway Secondary Plan (Area 2A) and therefore requires an amendment to permit the proposed intensification of the lands. An amendment to Zoning By-law No. 270-2004 is required to rezone the subject lands from Agricultural - A to a zone that would permit the proposed residential development.
4This being the first CMC, the requisite Affidavit of Service of the Notice of CMC dated June 27, 2022, was marked as Exhibit 1.
REQUESTS FOR PARTICIPANT STATUS
5The Tribunal received five requests for Participant Status. Submissions from the following were received in writing and will become part of the file moving forward as per Rule 7.7 of the Tribunal’s Rules of Practice and Procedure. Each of the following were granted Participant Status.
- Claudette Bhagwansingh
- Francis Pinto
- Igor Kalinchev
- Rajiv Warikoo
- Sunny Mehta-Harsimran
6Upon the Tribunal providing a review of the responsibilities of being granted through Party Status, Canh Huy Ha withdrew his request and opted to put his concerns in more detail through a written submission as a Participant.
REQUESTS FOR PARTY STATUS
7The Tribunal was therefore in receipt of three remaining requests for Party Status. Upon consideration and without objection, Party Status was conferred to the three following requestors:
- Peel Region (“Region”) – Represented by Ms. Sanichara, counsel
- Roy Fernandes
- Rajiv Warikoo
8The Region noted that if issues relating to site servicing and waste management were resolved through ongoing discussions there would be no cause to participate in the hearing of the merits. Ms. Sanichara stated she would be in a better position to update the Tribunal at a second CMC.
9Rajiv Warikoo informed the Tribunal he had submitted both a Participant statement and a request for Party Status. After hearing the responsibilities of being granted Party status, Mr. Warikoo stated he is prepared to participate to the fullest as required when granted Party Status.
10Roy Fernandes and Rajiv Warikoo had both participated through written submissions to the City prior to this CMC. The City had no objections to the granting of Party status to either requestor.
11The Tribunal reminded those wishing to present individual cases that in order to avoid duplication of materials and repetitive testimony, issues should be scoped, and discussions should take place prior to the next CMC focusing on how the hearing will proceed in the most expeditious manner.
CMC, ISSUES LIST AND PROCEDURAL ORDER
12The City informed the Tribunal that due to a vacancy on Council, the failure of Council to form quorum for Council meetings over the past year and with a municipal election in the not too distance future, it would be difficult to move forward without direction. The City requested a second CMC be scheduled for a date three months from the date of this CMC.
13The Region concurred citing the need to obtain direction and with the ongoing discussions being positive, stated that the time in between would allow a possible resolution to their outstanding issues.
MEDIATION AND SETTLEMENT
14The Parties indicated their awareness of the availability of Tribunal-assisted mediation and advised they would make a formal request for same at a later date, if necessary.
NEXT HEARING EVENT
15With the addition of three Parties at this CMC, the Tribunal agreed that a second CMC would be warranted to ensure all issues are reviewed prior to the hearing of the merits.
16The Tribunal stressed the importance of ensuring that the next hearing event be productive, and, to that end, the Parties agreed to provide a draft Procedural Order and Issues List in advance of the second CMC.
17The Tribunal directs that the Parties submit their Issues List to Scott Snider, counsel for the Applicant/Appellant, for inclusion in the draft Procedural Order, which shall be submitted to the Case Coordinator, no later than 10 days prior to the date of the second CMC.
18A second CMC is scheduled for Tuesday, October 11, 2022, at 10 a.m. by video. Parties 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/344779885
Access code: 344-779-885
19Parties 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
20Persons 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 as indicated above.
21Individuals 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
22The 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.
23There will be no further notice and this Member is not seized but may be available for case management, schedules permitting.
24It is so ordered.
“D. Chipman”
D. CHIPMAN 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.