Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 20, 2023
CASE NO(S).: OLT-22-004445
PROCEEDING COMMENCED UNDER section 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Infinity Development Group
Subject: Official Plan Amendment
Description: To amend the Official Plan and Zoning By-law in order to permit an 11-storey apartment building plus mechanical with penthouse
Reference Number: 505-03/22
Property Address: 1396 Guelph Line
Municipality/UT: Burlington/Halton
OLT Case No: OLT-22-004445
OLT Lead Case No: OLT-22-004445
OLT Case Name: Infinity Development Group v. Burlington (City)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Subject: Zoning By-law Amendment
Description: To amend the Official Plan and Zoning By-law in order to permit an 11-storey apartment building plus mechanical with penthouse
Reference Number: 520-04/22
Property Address: 1396 Guelph Line
Municipality/UT: Burlington/Halton
OLT Case No: OLT-22-004446
OLT Lead Case No: OLT-22-004445
Heard: November 1, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel
City of Burlington (“City”)
A. Peebles
Region of Halton (“Region”)
B. Maione
Infinity Development Group (“Infinity”)
D. Baker
MEMORANDUM OF ORAL DECISION DELIVERED BY WILLIAM R. MIDDLETON ON NOVEMBER 1, 2023 AND ORDER OF THE TRIBUNAL
1The first Case Management Conference (“CMC”) in this matter was held by videoconference hearing on January 20, 2023. The background of this matter was described in the Decision issued on February 6, 2023 and need not be repeated here.
2This proceeding had been scheduled for a ten-day hearing, which was to commence on October 30, 2023. However, the Parties sought to adjourn that hearing, and the adjournment was granted by the Tribunal on October 18, 2023. A status hearing was then scheduled to take place by way of telephone conference call on November 1, 2023 (“TCC”).
3At the TCC, the Tribunal was advised that although the Parties have made some progress toward a resolution, they wished to schedule a three-day hearing in the event that some matters remain contested. The Parties have undertaken to advise the Tribunal by December 14, 2023 as to the status of their discussions and how it may impact the hearing dates described in paragraphs [4] to [8] below.
4The Tribunal has scheduled a three-day hearing to commence on Monday, June 3, 2024, at 10 a.m.
5The Parties and Participants are asked to log into the video hearing at 15 minutes before the start of the event to test their video and audio connections:
https://global.gotomeeting.com/join/638422541
Access code: 638-422-541
6Parties 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.
7Persons 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 indicated above.
8Individuals 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
9THE TRIBUNAL ORDERS THAT
(a) The hearing shall commence on June 3, 2024 as described in paragraphs [4] to [8] above;
(b) The Parties are to advise the Tribunal by December 14, 2023, in the event that they do not require one or more of the scheduled hearing dates or if additional hearing days are needed; and,
(c) The Parties shall submit a draft revised Procedural Order by December 31, 2023 for consideration of the Tribunal.
“William R. Middleton”
WILLIAM R. MIDDLETON
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.