Ontario Land Tribunal
Tribunal ontarien de l’aménagement
du territoire
ISSUE DATE:
October 30, 2023
CASE NO(S).:
OLT-23-000740
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
Brock Road Duffins Forest Inc.
Appellant:
Kindwin (Brock) Development Corporation
Subject:
By-law No. 8024/23
Description:
To permit a place of worship and a private school, and to facilitate the construction of a three-storey addition.
Reference Number:
A 03/16
Property Address:
2065 and 2071 Brock Road.
Municipality:
City of Pickering
OLT Case No:
OLT-23-000740
OLT Lead Case No:
OLT-23-000740
OLT Case Name:
Brock Road Duffins Forest Inc. v. Pickering (City)
Heard:
October 19, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel
Brock Road Duffins Forest Inc. (“Appellant”)
Leo Longo
Kindwin (Brock) Development Corporation (“Appellant”)
Alex Lusty
Hannah Ruby
City of Pickering (“City”)
Quinto Annibale
Mark Joblin (in absentia)
Arti Sanichara
Pickering Islamic Centre (“Applicant”)
Raj Kehar
Chantal DeSereville
MEMORANDUM OF ORAL DECISION DELIVERED BY F. LAVOIE AND JEAN- PIERRE BLAIS ON OCTOBER 19, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision and Order arises from the first Case Management Conference (“CMC”) held regarding appeals filed by Brock Road Duffins Forest Inc. and Kindwin (Brock) Development Corporation (the “Appellants”) pursuant to subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13. The Application for Zoning By-law Amendment seeks to permit a private school and a daycare, to recognize the existing place of religious assembly, as well as to develop a three-storey addition to the place of religious assembly and a two-storey parking structure on the subject lands, municipally known as 2065 and 2071 Brock Road.
2The Tribunal was in receipt of the Affidavit of Service of Notice of the CMC sworn by Susan Cassel, on September 7, 2023, which was marked as Exhibit 1. There are no issues with the Service of Notice for the CMC and as such, no further notice is required.
STATUS REQUEST
3The Tribunal is in receipt of a Party Status request by the Applicant, Pickering Islamic Centre (“PIC”). Counsel for PIC submits that there are reasonable grounds to make the Applicant a Party to the proceeding. Namely, the Applicant is the entity most affected by these proceedings, there are no statutory prohibitions to this entity becoming a Party, and they intend to call evidence and assist the Tribunal in this matter. Neither Appellant nor the City object to PIC’s request.
4The Tribunal agrees with PIC’s submissions and grants their request to be added as a Party to these appeals.
OPPORTUNITIES FOR SETTLEMENT
5The Parties are open to the possibility of settlement of issues once they are identified. The Tribunal directs the parties to inform the Tribunal as soon as possible of settlements, if any occur.
6The Tribunal also advises the Parties of the availability of Tribunal-led mediation in the event this would be beneficial to progress the appeals.
PROPOSED MOTIONS BY PARTIES
7Counsel to PIC advises the Tribunal that it intends to bring motions, including two motions to dismiss and strike, respectively, Kindwin (Brock) Development Corporation’s appeal.
8Counsel to Kindwin (Brock) Development Corporation intends to bring a motion to consolidate these appeals with another appeal, OLT-23-000498, a proceeding between Brock Road Duffins Park Inc. and the City of Pickering, with respect to the property municipally known as 2055 Brock Road.
9Counsel to all Parties, save Kindwin (Brock) Development Corporation, agreed that the Tribunal should set a second two-day CMC, for the purposes of finalizing the Draft Procedural Order and Issues List, and hearing the several potential motions.
DRAFT PROCEDURAL ORDER
10The Tribunal did not receive a Draft Procedural Order from either Appellants prior to the CMC. The Tribunal directs the Parties to provide the Tribunal with a Draft Procedural Order and Issues List no later than Thursday, November 9, 2023.
HEARING DATES
11After hearing the Parties’ submissions on potential motions, the Tribunal directs that a two-day second CMC be held commencing on Thursday, December 14, 2023, at 10 a.m., by Video Hearing.
12Parties 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://meet.goto.com/943363669
Access Code: 943-363-669
13Parties 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.
14Persons 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.
15Individuals 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
16THE TRIBUNAL ORDERS:
a. That Pickering Islamic Centre is granted Party Status in this proceeding;
b. That the Parties submit to the Tribunal a draft Procedural Order, complete with Issues List, no later than Thursday, November 9, 2023, for its consideration at the second two-day CMC commencing on Thursday, December 14, 2023 at 10 a.m.; and
c. The directions in this Decision.
17Members of the Panel remain available for case management, subject to the Tribunal’s calendar.
“F. Lavoie”
F. LAVOIE
membeR
“Jean-Pierre Blais”
JEAN-PIERRE BLAIS
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.