Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 15, 2023
CASE NO(S).: OLT-23-000761
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: 65 Agnes Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Reference Number: OZ/OPA 22-017 W7
Property Address: 65-71 Agnes Street
Municipality/UT: Mississauga/Peel
OLT Case No: OLT-23-000761
OLT Lead Case No: OLT-23-000761
OLT Case Name: 65 Agnes Inc. v Mississauga (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Reference Number: OZ/OPA 22-017 W7
Property Address: 65-71 Agnes Street
Municipality/UT: Mississauga/Peel
OLT Case No: OLT-23-000762
OLT Lead Case No: OLT-23-000761
Heard: November 7, 2023 video hearing
APPEARANCES:
Parties
Counsel
65 Agnes Inc. (the “Appellant”)
J. Cole M. Foderick (in absentia)
City of Mississauga (the “City”)
M. Minkowski K. Pfaff
MEMORANDUM OF ORAL DECISION DELIVERED BY D. Arnold on november 7, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This first Case Management Conference (“CMC”) was held to prepare for a hearing on the merits of the Appellant’s appeals to the Tribunal of the failure of the City to make decisions with respect to the Appellant’s application for an Official Plan Amendment (“OPA”) and a Zoning By-law Amendment (“ZBA”) within the respective prescribed statutory timelines (the “Appeals”) to permit the proposed development of a 29 storey apartment building on the lands municipally known as 65-71 Agnes Street in the City of Mississauga (the “Subject Property”).
2The Tribunal entered into evidence, as Exhibit 1 in these proceedings, the Affidavit of Service of Robert Daniel Edward Jefferson sworn on October 19, 2023, and is satisfied that this Affidavit evidences proper notice such that no further notice is required in these proceedings.
PARTY AND PARTICIPANT STATUS REQUESTS
3The Tribunal received no requests for Party or Participant status in these proceedings.
SETTLEMENT OPPORTUNITIES
4Counsel for the City indicated that they will be seeking instructions from the City’s Council at an upcoming Council meeting in December 2023, including any instructions regarding potential mediation of a settlement of some or all of the issues pertaining to the Appeals. The Parties were advised to contact the Tribunal’s case co-ordinator for assistance in the event that the Parties wish to pursue a request for Tribunal-facilitated mediation.
PROCEDURAL ORDER AND HEARING DATES
5The Parties submitted the estimate that 9 or 10 hearing days will be required for a hearing on the merits of the Appeals if all issues are to be adjudicated. The Parties estimated that approximately six to eight witnesses, including expert witnesses in the subject matter of land use planning, water/wastewater/stormwater servicing and transportation will be required in the event that all issues of the Appeals are adjudicated. The Tribunal is satisfied that nine hearing days will suffice in this regard.
6Counsel for the City advised that the City will be in a position to contribute to the preparation of the draft Procedural Order (“PO”) including the Issues List (“IL”) once instructions are obtained from the City’s Council at its meeting in mid-December, 2023.
7The Tribunal directed the Parties to provide a draft PO including IL to the Tribunal through the assigned case co-ordinator by no later than Friday, January 5, 2024.
8A second CMC is scheduled to take place by video hearing on Thursday, January 11, 2024 at 10 a.m. at which the Tribunal will consider the draft PO including IL for the subject proceedings with a view to finalizing and approving same as well as consider any update in light of Council’s instructions to City staff pertaining to resolution or settlement opportunities with a view to considering whether the number of hearing days required for the hearing on the merits of the Appeals may be reduced.
9A hearing on the merits of the Appeals is scheduled to take place by video for nine days commencing on Monday June 17, 2024, at 10 a.m. (excluding Monday, June 24, 2024) and will conclude on Friday, June 28, 2024.
10The second CMC and Merit Hearing are scheduled to proceed by Video Hearing, as follows:
Thursday, January 11, 2024 at 10 a.m. (one-day CMC)
https://global.gotomeeting.com/join/442599157
Access Code: 442599157
Audio-Only Telephone Line: +1 (647) 497-9391 or (Toll Free) 1-888-455-1389
Audio-Only Access Code: As indicated above.
Monday, June 17, 2024 at 10 a.m. (nine-day Merit Hearing)
hhttps://global.gotomeeting.com/join/909787981
Access Code: 909787981
Audio-Only Telephone Line: +1 (647) 497-9391 or (Toll Free) 1 888 455 1389
Audio-Only Access Code: As indicated above.
11Parties are asked to log into the Video Hearings at least 15 minutes before the start of the events to test their video and audio connections:
12Parties 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 as indicated above.
14Individuals are directed to connect to the events on the assigned dates at the correct times. It is the responsibility of the persons participating in the Video Hearings to ensure that they are properly connected to the events at the correct time. Questions prior to the hearing events may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
15The Tribunal orders as follows:
a. The parties are directed to provide the Tribunal (through the assigned case co-ordinator) with a draft Procedural Order including the Issues List with respect to these proceedings by no later than Friday, January 5, 2024.
b. A second CMC is scheduled to take place on Thursday, January 11, 2024 at 10 a.m. by video in order to consider for approval the draft Procedural Order including the Issue List as well as the potential for mediation including Tribunal-facilitated mediation, with a view to narrowing or resolving the issues of the Appeals and, depending upon the City’s instructions from its Council, the potential for any reduction in the number of hearing days required for the hearing on the merits of the Appeals.
c. The hearing on the merits of the Appeals is scheduled to commence on Monday, June 17, 2024 at 10 a.m. by video and continue for nine days (excluding Monday, June 24, 2024) concluding on Friday, June 28, 2024.
d. The Tribunal so orders and provides these Case Management Conference directives for the purposes of the case management of the Appeals.
e. The Member is not seized in this matter but will remain available for continued case management to the extent that the Tribunal calendar permits.
f. No further notice of these proceedings is required or will be given.
“D. Arnold”
D. Arnold
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.