Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 29, 2022
CASE NO(S).: OLT-22-002093
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: City Park Holdings Inc.
Subject: Application to amend Zoning By-law – Refusal or neglect to make a decision
Purpose: To permit 24 residential units
Property Address: 0 King Street, 0 Camilla Road and 2487 Camilla Road
Municipality: City of Mississauga
Municipality File No.: OZ 21 003 W7
OLT Case No.: OLT-22-002093
OLT Lead Case No.: OLT-22-002093
OLT Case Name: City Park Holdings Inc. v. Mississauga (City)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: City Park Holdings Inc.
Subject: Proposed Plan of Subdivision – Failure of City of Mississauga to make a decision
Purpose: To permit 24 residential units
Property Address: 0 King Street, 0 Camilla Road and 2487 Camilla Road
Municipality: City of Mississauga
Municipality File No.: TM 21002 W7
OLT Case No.: OLT-21-002094
OLT Lead Case No.: OLT-22-002093
Heard: September 2, 2022 by video hearing (“VH”)
APPEARANCES:
| Parties | Counsel |
|---|---|
| City Park Holdings Inc. (“Appellant” / “Applicant”) | Leo Longo |
| City of Mississauga | Lia Magi |
MEMORANDUM OF ORAL DECISION DELIVERED BY K.R. ANDREWS ON SEPTEMBER 2, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) respecting an appeal by City Park Holdings Inc. (“Applicant”) following the City of Mississauga’s neglect/failure to render a decision respecting applications for a Zoning By-Law Amendment (“ZBA”) and a Draft Subdivision Plan (“DPS”).
2The subject ZBA application involves the establishment of R5-XX and R16-XX zoning categories (from the current R3), with the proposed R5-XX zone to permit 9 freehold detached dwellings and the R16-XX zone is to permit 15 detached dwellings on a Common Element Condominium Road. The DPS application involves a request to approve a plan for the aforementioned 9 detached dwelling lots and 1 condominium block.
Service of Notice of CASE MANAGEMENT Conference
3There was no issue with service of the Notice of this CMC, and so no further notice is required. The Tribunal was in receipt of the Affidavit of Service, which was marked as Exhibit 1.
Requests for Status
4Mohamed Ahmed and John Grande were granted Participant status on consent, and given four weeks to serve and file their Participant statements. Both individuals are nearby area residents.
5The Tribunal notes that an individual who identified himself as “Mr. Pompeo” disrupted the hearing with belligerent remarks directed toward the Tribunal. He was asked to leave the hearing and he did so.
MEDIATION AND SETTLEMENT
6The Tribunal explored the possibility of mediation and settlement with the parties. The parties confirmed that they are engaged in ongoing discussions regarding same.
PROCEDURAL ORDER AND ISSUES LIST
7The parties submitted that it is premature to establish a draft procedural order or issues list due to their ongoing discussions regarding the Applicant’s proposal. For the same reason, the parties submitted that it is premature to even consider the length of a hearing, and setting a second CMC without yet scheduling a hearing would be most prudent at this time.
Second Case Management Conference
8Upon request of the parties, the Tribunal set a second CMC commencing on Wednesday, February 15, 2023 at 10 a.m. by VH. No further notice is required for the hearing.
9Parties and participants are asked to log into the VH 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
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) 497-9373. 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 VH 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 Orders that:
The date and particulars of a second Case Management Conference are set out above;
Mohamed Ahmed and John Grande are granted Participant status and may serve and file a Participant statement on or before September 30, 2022; and
The Member is not seized but may be spoken to through the Case Coordinator if any issues arise.
“K.R. Andrews”
k.r. andrews
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.