Ontario Land Tribunal
Tribunal ontarien de l’aménagement
du territoire
ISSUE DATE:
September 26, 2022
CASE NO(S).:
OLT-22-002404
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
MacPherson Realty (Peterborough) Ltd./ Monkman Realty Ltd./1853913 Ontario Ltd.
Subject:
Application to amend Zoning By-law No. 97-123 - Refusal or neglect of the City of Peterborough to make a decision
Existing Zoning:
C.6 and M3.2
Proposed Zoning:
Site Specific (To be determined)
Purpose:
To permit mixed-use development on the subject lands with 126 residential units
Property Address/Description:
375 Aylmer Street North, 243 and 247 Hunter Street West
Municipality:
City of Peterborough
Municipality File No.:
Z2007
OLT Case No.:
OLT-22-002404
OLT Lead Case No.:
OLT-22-002404
OLT Case Name:
MacPherson Realty(Peterborough) Ltd. et al v. Peterborough (City)
Heard:
September 14, 2022 by video hearing
APPEARANCES:
Parties
Counsel
MacPherson Realty (Peterborough)
John Ewart
Ltd./Monkman Realty Ltd./1853913
Ontario Ltd.
City of Peterborough
Alan Barber
Scott Seabrooke (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY S. BRAUN ON SEPTEMBER 14, 2022 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”) with respect to an appeal brought pursuant to s. 34(11) of the Planning Act by MacPherson Realty (Peterborough) Ltd./Monkman Realty Ltd./1853913 Ontario Ltd. (“Appellant”) against the failure of the City of Peterborough to make a decision on an application for a Zoning By-law Amendment in relation to the property located at 375 Aylmer Street North, 243 and 247 Hunter Street West (“subject property”).
2The Tribunal received an Affidavit of Service confirming that Notice of this CMC was properly given and marked same as Exhibit 1. In response to the Notice, the Tribunal received no requests for Party or Participant status and nobody appeared at the CMC seeking status in the proceeding. Accordingly, the Appeal will proceed with the involvement and participation of only the Parties as indicated above.
3Although a draft Procedural Order (“PO”) was provided in advance of the CMC, the Parties had not yet finalized an Issues List (“IL”). The Tribunal was advised that the Parties are optimistic that a resolution to the appeal may be reached if given more time to engage in settlement discussions. As such, they requested the Tribunal schedule a further CMC to allow them time to either resolve the matter or agree on a final IL. The Parties were reminded of the availability of Tribunal-assisted mediation and to contact the Case Coordinator should they wish to avail themselves of this resource.
4The Tribunal scheduled a second CMC to be held by way of video conference on Monday, December 12, 2022 at 10 a.m. Should the Parties reach a settlement, they may request that the CMC be converted to a settlement hearing. In the event there is a settlement hearing, the Parties are directed to submit to the Case Coordinator, in advance thereof:
executed Minutes of Settlement, if available;
copies of all supporting documentation/materials to be relied upon at the settlement hearing;
the affidavit of a land use planner and/or other relevant expert(s) in support of the settlement;
the terms of any draft order submitted for consideration and approval by the Tribunal;
copies of relevant draft instruments; and
any other materials upon which the Parties wish to rely upon in support of the requested Orders of the Tribunal at the settlement hearing.
5In the event a settlement is not reached, the Tribunal stressed the importance of ensuring that a subsequent CMC be productive. To that end, it was agreed the Parties would come prepared to set a hearing date and counsel for the Appellant undertook to submit a revised PO and finalized IL no later than two days prior to the CMC.
6Parties 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/709076365
Access Code: 709-076-365
7Parties 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.
8Persons 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.
9Individuals 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 video hearing 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.
10The 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.
11There will be no further notice and this Member is not seized but may be available for case management, should scheduling permit.
12It is so ordered.
“S. Braun”
S. braun
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.