Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: November 08, 2023

CASE NO(S).: OLT-23-000243

PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: 154775 Canada Inc. Appellant: 3930149 Canada Inc. Appellant: 11034936 Canada Inc. ("Brigil") Appellant: Forum Asset Management Appellant: Loblaw Companies Limited Appellant: Sisters of Charity Appellant: Zena Investment Corporation Subject: Proposed Official Plan Amendment No. 2023-48 Description: To amend Official Plan for the City of Ottawa to add the Orleans Corridor Secondary Plan Reference Number: D01-01-22-0008 Municipality/UT: City of Ottawa OLT Case No.: OLT-23-000243 OLT Lead Case No.: OLT-23-000243 OLT Case Name: 154775 Canada Inc., et al. v. Ottawa (City)

Heard: October 26, 2023 by Video Hearing

APPEARANCES:

Parties	Counsel
154775 Canada Inc.	Jessica Chen
3930149 Canada Inc. 11034936 Canada Inc. Sisters of Charity of Ottawa	Jacob Polowin
Forum Asset Management	Johanna Shapira
Loblaw Companies Limited Zena Investments Corporation Myers Youville Development Corp.	Emma Blanchard Greg Meeds
City of Ottawa	Garett Schromm
SDLP 1887 Orleans Ltd.	Jacob Polowin
Proposed Participants (see Attachment A)	Roger Trudel

MEMORANDUM OF ORAL DECISION DELIVERED BY JEAN-PIERRE BLAIS ON OCTOBER 26, 2023 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1The Tribunal convened a second Case Management Conference (“CMC”) in respect of appeals filed by 1544775 Canada Inc., 3930149 Canada Inc., 11034936 Canada Inc., Sisters of Charity of Ottawa, Forum Asset Management, Loblaw Companies Limited, Zena Investments Corporation, and Myers Youville Development Corp. (collectively the “Appellants”) pursuant to s. 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended against the adoption by the City of Ottawa (“City”) of Official Plan Amendment No. 3 (Orleans Corridor Secondary Plan).

2SDLP 1887 Orleans Ltd. was made a Party to this proceeding at the first CMC.

PARTICIPANTS

3The Tribunal was in receipt of 21 Participant Status Requests filed with the Tribunal after the first CMC. The proposed Participants are identified in the list attached to this Decision as Attachment A. Mr. Schromm, Counsel for the City, indicated that the City had only received seven of these Participant Requests. The City also indicated that it exceptionally objected, contrary to its normal practice, to granting Participant Status as the Requests did not raise relevant issues for these Appeals. Mr. Meeds, Counsel for Zena Investments Corporation and Myers Youville Development Corp., supported the position of the City. Roger Trudel, who appeared on behalf of the potential Participants, indicated that technological issues prevented proper service to all Parties.

4Given that not all Participant Requests had been properly provided to all the Parties prior to this CMC, the Tribunal directed Mr. Trudel to provide to all Parties those Requests that had not already been provided on or before Friday, November 10, 2023, and further directed that the Tribunal will consider whether or not Participants should be granted Participant Status at the next CMC.

NEXT STEPS

5Mr. Schromm advised that the Parties have continued discussion with the City with respect to narrowing issues and pursuing possible settlements of the individual appeals. He reiterated that he is optimistic that settlements can be negotiated.

6The Parties requested that a further CMC be scheduled in February to update the Tribunal on the status of settlement discussions, to consider the Participant Requests and to set out the next steps in the Appeals.

7The Tribunal directed a further CMC video hearing to be held on Tuesday, February 27, 2023, at 10 a.m. for the above noted purposes.

8Parties 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/519389173

Access code: 519-389-173

9Persons 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.

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

11Individuals 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

12THE TRIBUNAL ORDERS its directions in this Decision.

“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.

ATTACHMENT A

POTENTIAL PARTICIPANTS

1. Dorothea (Théa) Besseling
2. Daniel Raymond
3. Nicole Chartrand
4. Monique Fuller
5. Luc Lacroix
6. Chris Lacroix
7. Mireille Lamarche
8. Gabrielle Miron
9. René Patrice
10. Roch Dupéré
11. Mark Moran
12. Sylvain Lalonde
13. Patrick Lavigne
14. Michel & Laurent Paquette
15. Robert Serge
16. Shawn Gordon
17. Paulette Fauteux
18. Jean-Luc Vincent
19. Suzanne & Roger Trudel
20. Fernand Raymond
21. Richard Guay