Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 09, 2023
CASE NO(S).: OLT-22-004094
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Auburn Developments Inc., Roman Catholic Episcopal Corporation for the Diocese of London, Farhi Holdings Corporation
Subject: Proposed Official Plan Amendment No. 760
Description: To permit future development and redevelopment in the Victoria Park Secondary Plan area
Reference Number: C.P.-1284(wy)-140 (OPA 760)
Property Address: Lands by Richmond St, Dufferin Ave., Queens Ave., Adelaide St. and CPR tracks
Municipality/UT: City of London
OLT Case No.: OLT-22-004094
OLT Lead Case No.: OLT-22-004094
OLT Case Name: Auburn Developments Inc. v. London (City)
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Auburn Developments Inc., Farhi Holdings Corporation
Subject: Proposed Official Plan Amendment No. 761
Description: To permit future development and redevelopment in the Victoria Park Secondary Plan area
Reference Number: C.P.-1284(wy)-140 (OPA 761)
Property Address: Lands by Richmond St., Dufferin Ave., Queens Ave., Adelaide St. and CPR tracks
Municipality/UT: City of London
OLT Case No.: OLT-22-004095
OLT Lead Case No.: OLT-22-004094
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Auburn Developments Inc., Roman Catholic Episcopal Corporation for the Diocese of London, Farhi Holdings Corporation
Subject: Proposed Official Plan Amendment No. 59
Description: To permit future development and redevelopment in the Victoria Park Secondary Plan area
Reference Number: C.P.-1512(bg)-142 (LPA 59)
Property Address: Lands by Richmond St., Dufferin Ave., Queens Ave., Adelaide St. and CPR tracks
Municipality/UT: City of London
OLT Case No.: OLT-22-004096
OLT Lead Case No.: OLT-22-004094
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Auburn Developments Inc., Farhi Holdings Corporation
Subject: Proposed Official Plan Amendment No. 60
Description: To permit future development and redevelopment in the Victoria Park Secondary Plan area
Reference Number: C.P.-1512(bh)-143 (LPA 60)
Property Address: Lands by Richmond St., Dufferin Ave., Queens Ave., Adelaide St. and CPR tracks
Municipality/UT: City of London
OLT Case No.: OLT-22-004097
OLT Lead Case No.: OLT-22-004094
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Auburn Developments Inc., Farhi Holdings Corporation
Subject: Proposed Official Plan Amendment No. 61
Description: To permit future development and redevelopment in the Victoria Park Secondary Plan area
Reference Number: C.P.-1512(bi)-144 (LPA 61)
Property Address: Lands by Richmond St., Dufferin Ave., Queens Ave., Adelaide St. and CPR tracks
Municipality/UT: City of London
OLT Case No.: OLT-22-004098
OLT Lead Case No.: OLT-22-004094
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Auburn Developments Inc., Farhi Holdings Corporation
Subject: Proposed Official Plan Amendment No. 62
Description: To permit future development and redevelopment in the Victoria Park Secondary Plan area
Reference Number: C.P.-1512(bj)-145 (LPA 62)
Property Address: Lands by Richmond St., Dufferin Ave., Queens Ave., Adelaide St. and CPR tracks
Municipality/UT: City of London
OLT Case No.: OLT-22-004098
OLT Lead Case No.: OLT-22-004094
Heard: January 23, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel
Auburn Developments Inc.
L. English (and P. Morley, in absentia)
Farhi Holdings Corporation
P. Lombardi
Roman Catholic Episcopal Corporation for the Diocese of London
A. Baroudi
City of London
A. Hovius
MEMBORANDUM OF ORAL DECISION DELIVERED BY S. TOUSAW ON JANUARY 23, 2023 AND ORDER OF THE TRIBUNAL
Purpose
1This first Case Management Conference (“CMC”) was convened for appeals to the City of London’s (“City”) adoption of Official Plan Amendments (“OPAs”) which, collectively, constitute the Victoria Park Secondary Plan (“SP”).
2The six separate OPAs involve amendments to both the 2016 London Plan, now in force except for various remaining site-specific appeals, and the 1989 Official Plan, which remains in force only for the remaining site-specific appeals to the London Plan.
Heard Together
3Not all Parties appealed all six OPAs. Farhi Holdings Corporation submits that it may wish to address all OPAs, as they collectively amount to a new SP. The Parties agreed to discuss the potential benefits of consolidating these appeals for a fair and streamlined hearing, while still enabling a phased hearing as may be necessary for site-specific matters.
4Today, the Tribunal directs that these appeals will be “heard together” under Rule 16 of the Tribunal’s Rules of Practice and Procedure. Further consideration of consolidating the appeals will be addressed at the next CMC.
Requests for Status
5No oral or written requests for Party or Participant status were received.
6Today, hearing the matters together, the Tribunal grants the Appellants status as “sheltering Parties” where necessary for the various OPAs, with a potential change to Party status to be addressed in the context of consolidation as noted above.
Mediation
7While developing and refining an Issues List (“IL”), the Parties agree to remain open to the possibility of settlement or mediation, and are aware of the Tribunal’s service of coordinating mediation, if requested.
Procedural Order
8The Parties agree that their further discussion will lead to a draft Procedural Order (“PO”) including a refined IL, with the goal of finalizing the PO at the next CMC.
9The Parties acknowledge that certain issues of the Appellants are similar and may be combined in the IL while others may be resolved by Hearings in process on site-specific appeals.
Next CMC
10The next CMC is scheduled to proceed by video at 10 a.m. on Monday, April 24, 2023. No further notice will be given.
11Parties and participants are asked to log in to 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/914098901
Access code: 914-098-901
12Parties 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
13Persons 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: +1 (647) 497-9373 or Toll-Free 1-888-299-1889. The access code is: 914-098-901.
14Individuals 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
15The Tribunal orders its directions and findings as set out above.
16The Tribunal further orders the City of London, by Wednesday, April 19, 2023, to advise Tribunal Case Coordinator John Norris on the outcome of discussions on consolidation, and to file a draft Procedural Order, noting any unresolved matters for the Issues List.
17This Member is not seized but may be contacted through the Case Coordinator should issues arise.
“S. Tousaw”
S. tousaw
VICE-CHAIR
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.