Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: November 27, 2023

CASE NO(S).: OLT-23-000498

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Applicant/Appellant: Brock Road Duffins Forest Inc.

Subject: Request to amend the Official Plan – Refusal of request

Description: To permit a total of 372 residential units comprising of a 20 and 6-storey building connected by a 4-storey podium and townhouse units

Reference Number: OPA 20-001/P

Property Address: 2055 Brock Road

Municipality/UT: Pickering/Durham

OLT Case No.: OLT-23-000498

OLT Lead Case No.: OLT-23-000498

OLT Case Name: Brock Road Duffins Forest Inc. v. Pickering (City)

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Applicant/Appellant: Brock Road Duffins Forest Inc.

Subject: Application to amend the Zoning By-law – Refusal of application

Description: To permit a total of 372 residential units comprising of a 20 and 6-storey building connected by a 4-storey podium and townhouse units

Reference Number: A 05/20

Property Address: 2055 Brock Road

Municipality/UT: Pickering/Durham

OLT Case No.: OLT-23-000499

OLT Lead Case No.: OLT-23-000498

PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Applicant/Appellant: Brock Road Duffins Forest Inc.

Subject: Proposed Plan of Subdivision – Refusal by Approval Authority

Description: To permit a total of 372 residential units comprising of a 20 and 6-storey building connected by a 4-storey podium and townhouse units

Reference Number: SP-2020-01

Property Address: 2055 Brock Road

Municipality/UT: Pickering/Durham

OLT Case No.: OLT-23-000501

OLT Lead Case No.: OLT-23-000498

PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Applicant/Appellant: Brock Road Duffins Forest Inc.

Subject: Site Plan

Description: To permit a total of 372 residential units comprising of a 20 and 6-storey building connected by a 4-storey podium and townhouse units

Reference Number: S07/23

Property Address: 2055 Brock Road

Municipality/UT: Pickering/Durham

OLT Case No.: OLT-23-000613

OLT Lead Case No.: OLT-23-000498

Heard: November 17, 2023 by Telephone Conference Call

APPEARANCES:

Parties

Counsel

Brock Road Duffins Forest Inc.

D. Nelligan L. Longo (in absentia)

City of Pickering

J. Mark Joblin A. Whyte Q. Annibale (in absentia)

Kindwin (Brock) Development Corporation

A. Lusty H. Ruby

MEMORANDUM OF ORAL DECISION DELIVERED BY STEVEN T. MASTORAS ON NOVEMBER 17, 2023 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1The matter before the Tribunal originally commenced as a Motion and, on consent of the Parties, relates to a Request for Party Status dated October 26, 2023, from Kindwin (Brock) Development Corporation (“Kindwin”). Kindwin is the developer of lands located north of 2055 Brock Road (“Subject Property”), in the City of Pickering (“City”) within the Regional Municipality of Durham (“Region”).

2The Subject Property is owned by Brock Road Duffins Forest Inc. (“Appellant”/ “Applicant”). The Appeals relate to an Official Plan Amendment (“OPA”), a Zoning By-law Amendment (“ZBA”), a Draft Plan of Subdivision (“DPS”), and a Site Plan Amendment (“SPA”) pursuant to Sections 22(7), 34(11), 51(39) and 41(12) of the Planning Act (“Act”), respectively (together, the “Appeals”). The Appeals are the result of a decision by the City refusing approval of the applications relating to the Subject Property.

3The Appellant is seeking approval to develop the Subject Property, consisting of a 20-storey building for a total of 328 units, 10 townhouse units and 34 back-to-back townhouse units totalling 372 residential units.

4The City Council decision was made on April 24, 2023, with an issuance date of May 29, 2023, denying the OPA, ZBA, and DPS, noting that the proposed density and scale is inappropriate for the location and will result in adverse impacts regarding increased traffic within the established neighbourhood immediately to the north and along Brock Road.

5The City's Planning staff report dated April 3, 2023, recommended approval of the proposed OPA, ZBA, and DPS applications increasing the residential density and supported the proposed design and built form. The associated SPA application was submitted to the City on March 13, 2023. The SPA Appeal was subsequently filed with the Tribunal on June 28, 2023, pursuant to section 41(12) of the Act and has been administratively consolidated with the three Appeals previously referenced, under the Lead Case File No. OLT-23-000498.

PARTY STATUS REQUEST

6The Request for Party Status from Kindwin states that “Kindwin has a direct interest in these proceedings as Kindwin dedicated land for and installed services that now benefit [the Appellants] for which reimbursement has not yet been provided.”

7The request is also based on the assertion that although Kindwin was named on the Notice of Hearing for the first Case Management Conference, in the Affidavit of Service of Natalie Hickey, marked as Exhibit 1 in the Tribunal’s Decision on September 18, 2023. Kindwin did not actually receive the Notice.

8Kindwin’s interest in the Appeals relate to cost-sharing matters, and Counsel for each of the respective Parties consented to this request on November 3, 2023, on the basis that Kindwin limits itself to the issues set out in the letter from Alex Lusty dated October 26, 2023.

9Based on the submissions before it, the Tribunal confers Party Status to Kindwin.

10The Tribunal also notes that at the first CMC there were a total of sixteen (16) written requests who were previously conferred Participant Status to this matter.

HEARING, PROCEDURAL ORDER AND ISSUES LIST

11The Hearing date is re-confirmed with the Parties as previously scheduled by Video Hearing to commence on Monday, April 29, 2024 at 10 a.m. to Friday, May 10, 2024 for a total of ten (10) days.

12Parties 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://meet.goto.com/996288525

Access code: 996-288-525

13Parties 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

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) 1-888-455-1389 or +1 (647) 497-9391. The access code is the same as mentioned 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 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.

16The Tribunal also re-confirms that the Parties are directed to submit a Final Procedural Order and Issues List (“PO/IL”) which will serve to guide the Hearing event. The Final PO/IL is expected to be submitted on or before Friday, December 15, 2023, and the Parties agreed to adhere to that previously established date.

17The Tribunal is encouraged that there are ongoing discussions between the Parties who are also reminded that Tribunal-led mediation is available if there is mutual interest and if requested through the Case Coordinator.

ORDER

18THE TRIBUNAL ORDERS THAT Kindwin (Brock) Development Corporation is conferred Party Status in this proceeding.

19The Member is not seized but remains available should the need arise for some direction in the finalization of the Procedural Order and Issues List.

“Steven T. Mastoras”

STEVEN T. MASTORAS

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.