Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
October 14, 2022
CASE NO(S).:
OLT-22-003840
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
2266591 Ontario Inc. & Seconfar Holdings Limited
Appellant:
Amber Forest Land Development Corp.
Appellant:
Argo TFP Brampton III Limited & Argo TFP Brampton IV Limited
Appellant:
Brampton Areas 52, 53 Landowners Group Inc. and others
Subject:
Proposed Official Plan Amendment
Reference Number:
OP2006-210
Property Address:
Heritage Heights Secondary Plan
Municipality:
City of Brampton
OLT Case No.:
OLT-22-003840
OLT Lead Case No.:
OLT-22-003840
OLT Case Name:
2266591 Ontario Inc. et al. v. Brampton (City)
Heard:
September 19, 2022 by video hearing
APPEARANCES:
Parties
Counsel/Representative*
Corporation of the City of Brampton
Bruce Engell (in absentia)
Sylvain Rouleau
Ministry of Municipal Affairs and
Joanna Wice
Housing
Iain Wilson
Brampton Areas 52, 53 Landowners
Mark Flowers
Group
Wanless Properties Limited
Isaac Tang
Lee English
Bramwest Development Corporation
Catherine Lyons
Four X Development Inc.
Robert Howe
Pencil Top Development Inc.
Mustque Development Inc.
Corporation of the Town of Halton Hills
Jeffrey Wilker
Regional Municipality of Halton Hills
Argo TFP Brampton III Limited
Patrick Harrington (in absentia)
Argo TFP Brampton IV Limited
Peter Van Loan
MCN (Mayfield) Inc.
Steven Ferri
Cortel Group Inc.
NCN (Heritage) Inc.
MCN Financial Group Inc.
Northwest Brampton Landowners Group
Scott Snider
Bruce and Shirley Reed
Shelley Kaufman
Bramwest Development Corporation
James Reed
Maplequest Ventures Inc.
2266591 Ontario Inc. (D’Orazio
Group/Mattamy Homes)
Seconfar Holdings Limited (D’Orazio
Group/Mattamy Homes)
Primont Homes (Heritage Heights 1) Inc.
Primont Homes (Heritage Heights 3) Inc.
Primont Homes (Heritage Heights 4) Inc.
Pulcher Holdings Limited
Wanless Properties Limited
Amber Forest Land Development
Corporation (Great Gulf Homes)
Tiber Brampton Holdings Inc
Argo TFP Brampton III Limited
Argo TFP Brampton IV Limited
Woodland Seniors Development
Paul Bottos
Corporation
Catholic Cemeteries and Funeral
David Tang
Services Inc.
Jesse White
Credit Valley Conservation Authority
Dorothy Di Berto*
Regional Municipality of Peel
Arti Sanichara
John Zigaro (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BRYAN W. TUCKEY ON SEPTEMBER 19, 2022 AND ORDER OF THE TRIBUNAL
1The Tribunal convened the first Case Management Conference (“CMC”) for the above noted matter. A total of 30 individual entities (as noted in the appearances above) have filed appeals (“Appellants”) with respect of the City of Brampton’s (“City”) adoption of Official Plan Amendment 206-210 – Heritage Heights Secondary Plan (“HHSP”) pursuant to s. 17 (26) of the Planning Act.
2The effect of the HHSP is to establish a proposed Land Use Plan for the Secondary Plan Areas 52 and 53 that are collectively known as the Heritage Heights Community. The City has followed a comprehensive planning program in the construct of the HHSP of which there are three separate Official Plan Amendments.
3The Affidavit of Service sworn September 2, 2022 is marked as Exhibit 1. No further notice is required.
4There are two requests for Party status with respect to this matter from the Credit Valley Conservation Authority (“CVCA”) and the Regional Municipality of Peel (“ROP”). The Tribunal is of the opinion that both requests have merit and do have a direct interest in the matters before the Tribunal. All parties consented to these requests.
5The Tribunal grants Party status to the CVCA and the ROP as set out in the Tribunal’s Rules of Practice and Procedure as a Non-Appellant Party (Rule 8.3). They must shelter under an issue of a remaining appellant party and ‘may not raise or introduce a new issue in the proceeding’.
6There is one request for participant status from TC Energy represented by its counsel, Chris Barnett. Mr. Barnett advised the Tribunal that his client owns a large diameter natural gas in an easement through the HHSP and has provided submissions and met with City staff on several occasions to assist the City on technical matters to ensure public safety. Mr. Barnett advised the Tribunal that TC Energy has the following requests:
is to be circulated on all Tribunal decisions and correspondence and communications between parties;
will continue to participate in the provision of technical matters and other relevant information so that the ultimate HHSP incorporates their recommendations. He reserves the right to elevate TC Energy status to that of a party if required; and
TC Energy did not receive the Notice of Appeal until after the appeal period had expired.
7With the consent of all parties, the Tribunal grants participant status to TC Energy in keeping with paragraph 6 of this Decision.
8Mr. Rouleau, counsel for the City, provided background information with respect to the HHSP for the benefit of the Tribunal and all present. A major issue with respect to finalizing the HHSP is the exact location of the GTA West Corridor, which is presently the subject of an Environmental Assessment and the function of the said corridor as a complete street boulevard or a traditional limited access transportation corridor. Mr. Rouleau noted that the ROP has a new official plan before the Ministry of Municipal Affairs and Housing for approval which has suspended the 120-day required review period for this Official Plan.
9This being said, the Tribunal was advised there are many entity-specific issues that remain unresolved which will find their way onto an Issues List and be the subject of further discussion amongst parties. Mr. Wilker made reference to the multi-party Memorandum of Understanding to undertake a boundary area transportation study, commonly known as the Halton-Peel Boundary Area Transportation Study. There is ongoing discussion with signatories of this Memorandum of Understanding. Ms. Sanichara made note of the conditions with respect to the ROP exemption of approval provided to the City. The HHSP must conform to the Region’s Official Plan for this exemption to be maintained.
10Mr. Rouleau outlined his strategy on how best to coordinate the production of a procedural order (“PO”) for the merits hearing. He has communicated with all parties, and they have consented to this approach and will adhere to the following schedule:
A further CMC be scheduled – which has been determined to be March 23, 2023;
all parties are to set out their issues in an Issues List to be forwarded to the City no later than Tuesday, December 20, 2022;
the City will undertake a consolidation of the issues and will provide a Consolidated Issues List to the parties no later than Friday, January 20, 2023;
the City will provide a draft PO to all parties for their comments no later than Monday, February 6, 2023; and
the PO is to be settled no later than Wednesday, March 8, 2023 and will be forwarded to the Tribunal. In the absence of agreement among the parties regarding the PO, the matter shall be spoken to at the second CMC.
11The Tribunal agrees. A PO to manage the requirements leading up to the March 23, 2023 CMC as submitted by the City with the consent of all parties is attached as Attachment 1. The Tribunal directs the schedule found in Attachment 1 be followed in the preparation of the issues for the PO’s Issues List and a draft PO for the merits hearing. The Tribunal concurs it is appropriate for the final draft of the PO be submitted to the Tribunal Case Coordinator no later than 4:30 p.m. of Wednesday, March 8, 2023. Should there be an absence of agreement among the parties on the Consolidated Issues List, the matter shall be spoken to at the second CMC.
12The Tribunal is prepared to schedule a full day CMC commencing on Thursday, March 23, 2023 at 10 a.m. Topics to be addressed at the March 2023 CMC include: a proposed go forward strategy with respect to the adjudication of this matter; the presentation and review of a final draft PO subject to the agreement of all parties with respect to its content; a review of the extent issues have been consolidated and scoped by all parties and where there is opportunity for additional issue scoping; advice on whether the parties expect this matter will require a phased hearing schedule; and is it possible to bring parts of the HHSP forward to the Tribunal for approval.
13The CVCA and the ROP will advise the Tribunal, the City, and all parties of the issues on the Issues List they intend to shelter under.
14The parties are made aware of the availability of Tribunal-led mediation. Parties are of the opinion it is too early in the process but understand they may request this mediation at their convenience and will make this a topic of the next CMC when issues have been defined.
CASE MANAGEMENT CONFERENCE TECHNICAL DETAILS
15A full day CMC commencing on Thursday, March 23, 2023 by video hearing at 10 a.m.
16Parties 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
17Parties 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.
18Persons 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.
19Individuals 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.
ORDER
20Accordingly, the Tribunal orders.
a one day Case Management Conference is to convene on Thursday, March 23, 2023.
the Credit Valley Conservation Authority and the Regional Municipality of Peel are granted Non-Appellant Party status under the requirements as set out in the Ontario Land Tribunal - Rules of Practice and Procedure, Rule 8.3.
TC Energy is granted Participant status.
a draft Procedural Order for the merits hearing will be submitted to the Tribunal’s Case Coordinator no later than 4:30 p.m. on March 8, 2023.
21No further notice will be given.
22The Member is not seized.
“Bryan W. Tuckey”
bryan w. tuckey
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.
OLT-22-003840 – Attachment 1
Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
2266591 Ontario Inc. & Seconfar Holdings Limited
Appellant:
Amber Forest Land Development Corp.
Appellant:
Argo TFP Brampton III Limited & Argo TFP Brampton IV Limited
Appellant:
Brampton Areas 52, 53 Landowners Group Inc. and others
Subject:
Proposed Official Plan Amendment
Reference Number:
OP2006-210
Property Address:
(Heritage Heights Secondary Plan)
Municipality:
City of Brampton
OLT Case No.:
OLT-22-003840
OLT Lead Case No.:
OLT-22-003840
OLT Case Name:
2266591 Ontario Inc. et al. v Brampton (City)
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.
Requirements Before the next Case Management Conference
- A second Case Management Conference will take place on Thursday March 23, 2023 at 10 a.m. by video conference in accordance with the following link:
GoTo Meeting: https://global.gotomeeting.com/join/927921077
Audio-only telephone line: Toll-Free 1-888-299-1889 or +1 (647) 497-9391
Access Code: 927-921-077
The parties and participants identified at the case management conference are set out in Attachment 1.
The Parties are to set out their issues in an Issues List to be forwarded to the City of Brampton (the “City”) by Tuesday, December 20, 2022. The City undertakes to consolidate the issues and provide a Consolidated Issues List to the parties for comment by Friday, January 20, 2023. The Consolidated Issues List is to be settled upon by the parties by Wednesday, March 8, 2023 and forwarded to the Tribunal. In the absence of agreement among the parties regarding the Consolidated Issues List, the matter shall be spoken to at the second Case Management Conference.
The City of Brampton shall provide a draft Procedural Order to the parties for comment by Monday, February 6, 2023. The Procedural Order is to be settled by the parties by Wednesday, March 8, 2023 and forwarded to the Tribunal. In the absence of agreement among the parties regarding the Procedural Order, the matter shall be spoken to at the second Case Management Conference.
This Member is not seized.
So orders the Tribunal.
ATTACHMENT 1
list of parties AND PARTICIPANTS
List of Appellants and Parties
Appellant/Party
Counsel
Contact
Corporation of the City of Brampton
Bruce Engell Sylvain Rouleau
WeirFoulds LLP Barristers & Solicitors 66 Wellington Street West, Suite 4100 Toronto-Dominion Centre P.O. Box 35 Toronto, ON M5K 1B7 Bruce Engell T: 416-647-5081 bengell@weirfoulds.com Sylvain Rouleau T: 416-947-5016 srouleau@weirfoulds.com
Ministry of Municipal Affairs and Housing
Joanna Wice Iain Wilson
Legal Services Branch 16th Floor, 777 Bay Street Toronto, Ontario M7A 2J3 Joanna Wice T: 437-533-2166 joanna.wice@ontario.ca Iain Wilson T: 437-833-8943 Iain.wilson2@ontario.ca
Brampton Areas 52, 53 Landowners Group Inc., including:
- Demson Properties Inc.
- 1761540 Ontario Limited
- 2125325 Ontario Limited
- Vascon Properties Inc.
- 1575690 Ontario Limited
Mark Flowers
Davies Howe LLP The 10th Floor 425 Adelaide Street West Toronto, Ontario M5V 3C1 Mark Flowers T: 416-263-4513 markf@davieshowe.com
Appellant/Party
Counsel
Contact
Wanless Properties Ltd.
Isaac Tang Lee English
Borden Ladner Gervais LLP Bay Adelaide Centre, East Tower 22 Adelaide Street West Toronto ON M5H 4E3 Isaac Tang T: 416-367-6143 itang@blg.com Lee English T: 416-367-6169 lenglish@blg.com
Bramwest Development Corporation
Catherine Lyons
Goodmans LLP Barristers & Solicitors Bay Adelaide Centre, West Tower 333 Bay Street, Suite 3400 Toronto, Ontario M5H 2S7 Catherine Lyons T: 416-597-4183 clyons@goodmans.ca
Four X Development Inc. Pencil Top Development Inc. Mustque Development Inc.
Robert Howe
Goodmans LLP Barristers & Solicitors Bay Adelaide Centre, West Tower 333 Bay Street, Suite 3400 Toronto, Ontario M5H 2S7 Robert Howe T: 416-597-5158 rhowe@goodmans.ca
Corporation of the Town of Halton Hills Regional Municipality of Halton
Jeffrey Wilker
Thomson, Rogers Lawyers 3100-390 Bay Street Toronto, Ontario M5H 1W2 Jeffrey Wilker T: 416-868-3118 jwilker@thomsonrogers.com
Appellant/Party
Counsel
Contact
Argo TFP Brampton III Limited Argo TFP Brampton IV Limited
Patrick Harrington Peter Van Loan
Aird & Berlis LLP Brookfield Place 181 Bay Street, Suite 1800 Toronto, Ontario M5J 2T9 Patrick Harrington T: 416-865-3424 pharrington@airdberlis.com Peter Van Loan T: 416-865-3418 pvanloan@airdberlis.com
MCN (Mayfield) Inc. Cortel Group Inc. MCN (Heritage) Inc. MCN Financial Group Inc.
Steven C. Ferri
Loopstra Nixon LLP Woodbine Place 135 Queen's Plate Drive Suite 600 Toronto, Ontario M9W 6V7 T: 416-748-4752 sferri@loonix.com
Northwest Brampton Landowners Group Inc. Bruce and Shirley Reed Bramwest Development Corporation James Reed Maplequest Ventures Inc. 2266591 Ontario Inc. (“D'Orazio Group/Mattamy Homes”) Seconfar Holdings Limited (“D'Orazio Group/Mattamy Homes”) Primont Homes (Heritage Heights 1) Inc. Primont Homes (Heritage Heights 3) Inc. Primont Homes (Heritage Heights 4) Inc. Pulcher Holdings Ltd. (“Primont Homes”) Wanless Properties Ltd. Amber Forest Land Development Corporation (“Great Gulf Homes”) Tiber Brampton Holdings Inc. Argo TFP Brampton III Limited Argo TFP Brampton IV Limited
Scott Snider Shelley Kaufman
Turkstra Mazza Associates, Lawyers 15 Bold Street Hamilton, Ontario L8P 1T3 Scott Snider T: 905-529-3476 ssnider@tmalaw.ca Shelley Kaufman T: 519-434-3684 skaufman@tmalaw.ca
Woodlawn Seniors Development Corporation
Paul Bottos
Piccin, Bottos Barristers & Solicitors 4370 Steeles Avenue West Suite 201 Woodbridge, Ontario L4L 4Y4 Paul Bottos T: 905-850-0155 pbottos@piccinbottos.com
Catholic Cemeteries and Funeral Services Inc.
David Tang Jesse White
Miller Thomson LLP Scotia Plaza 40 King Street West, Suite 5800 P.O. Box 1011 Toronto, Ontario M5H 3S1 David Tang T: 416-597-6047 dtang@millerthomson.com Jesse White T: 416-597-4371 tjwhite@millerthomson.com
List of Non-Appellants Parties
Non-Appellant Parties
Counsel
Contact
Credit Valley Conservation Authority
Credit Valley Conservation Authority 1255 Old Derry Road Mississauga, Ontario L5N 6R4 Dorothy Di Berto T: 905-670-1615 ex. 232 dorothy.diberto@cvc.ca
Region of Peel
Arti Sanichara John Zingaro
Region of Peel 10 Peel Centre Drive Suite B, 6th Floor Brampton, Ontario L6T 4B9 Arti Sanichara T: (905) 791-7800 ext. 4479 arti.sanichara@peelregion.ca John Zingaro T: (905) 791-7800 ext. 4694 john.zingaro@peelregion.ca
List of Participants
Participants
Counsel
Contact
TC Energy
Chris Barnett
Osler, Hoskin & Harcourt LLP 100 King Street West 1 First Canadian Place Suite 6200, P.O. Box 50 Toronto ON M5X 1B8 Chris Barnett T:416-862-6651 cbarnett@osler.com