Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
December 07, 2023
CASE NO(S).:
OLT-22-002219
(Formerly PL210040)
OLT-22-002483
(Formerly PL200150)
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
1085 Clearview Limited Partnership
Appellant:
1246235 Ontario Inc.
Appellant:
1602211 Ontario Ltd.
Appellant:
2084 Lakeshore Holdings Ltd. Et Al; and others
Description:
Proposed Official Plan Amendment for Burlington New Official Plan
Municipality:
City of Burlington
OLT Case No.:
OLT-22-002219
Legacy Case No.:
PL210040
OLT Lead Case No.:
OLT-22-002219
Legacy Lead Case No.:
PL210040
OLT Case Name:
1085 Clearview Limited Partnership v. Halton (Reg. Mun.)
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
Sofina Foods Inc.
Appellant:
Wal-Mart Canada Corp.
Appellant:
Reserve Properties Ltd.
Appellant:
Vrancorp Group; and others
Description:
Proposed Official Plan Amendment No. 119
Municipality:
City of Burlington
OLT Case No.:
OLT-22-002483
Legacy Case No.:
PL200150
OLT Lead Case No.:
OLT-22-002483
Legacy Lead Case No.:
PL200150
OLT Case Name:
Sofina Foods Inc. v. Burlington (City)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
Wal-Mart Canada Corp.
Appellant:
Burlington Healthcare Centre Inc.
Appellant:
Better Life Development
Appellant:
Emshih Developments Inc.; and others
Description:
By-law No. 2020-418
Municipality:
City of Burlington
OLT Case No.:
OLT-22-002484
Legacy Case No.
PL200151
OLT Lead Case No.:
OLT-22-002483
Legacy Lead Case No.
PL200150
Heard:
November 29, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel
Region of Halton
Kelly Yerxa
City of Burlington
Andrew Biggart Christina Kapelos (in absentia)
Crystal Homes
Alex Lusty
Metrolinx
Jennifer Evola Christie Gibson (in absentia) Signe Leisk (in absentia)
Multiple Parties*
Chantal deSereville Denis Baker (in absentia)
Multiple Parties*
Caroline Jordan David Bronskill (in absentia) Matthew Lakatos-Hayward (in absentia)
Multiple Parties*
Shelley Kaufman
Multiple Parties*
Shelley Kaufman Nancy Smith (in absentia)
Multiple Parties*
Marc Kemerer
Multiple Parties*
Matthew Rutledge Joel Farber (in absentia)
Multiple Parties*
Alexander Suriano Patrick Harrington (in absentia) Meaghan Barrett (in absentia)
Sofina Foods
Patrick Duffy
United Burlington Retail Portfolio Inc.
Mandy Ng Aaron Platt (in absentia)
Wal-Mart Canada Corp.
Roslyn Houser Caroline Jordan
*see Schedule 1
MEMORANDUM OF ORAL DECISION DELIVERED BY S. DIXON ON November 29, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision and Order arises from a further Case Management Conference (“CMC”) held regarding multiple appeals filed in relation to two cases being heard together:
OLT-22-002219, being a new Official Plan (“New OP”) adopted by the City of Burlington (“City”) on April 26, 2018, and approved with modifications by the Region of Halton (“Region”) on November 30, 2020; and
OLT-22-002483, being Official Plan Amendment No. 119 and Zoning By-law Amendment No. 2020-418, adopted and passed by the City on January 30, 2020.
PARTY STATUS UPDATES
2Shelley Kaufman, counsel for Brookfield Properties, InteRent REIT and CLV Group Inc. (“Fairview LP”), being Appeal 17 to OLT-22-002219, confirmed with the Tribunal that Fairview LP had withdrawn its appeal effective June 15, 2022. However, Fairview LP wishes to maintain Party Status as a non-appellant to observe and monitor the proceedings.
3On consent of all Parties, the Tribunal granted the Party Status request to Fairview LP (now identified as “Party H” on Schedule 1, attached hereto). The Tribunal then directed that all non-appellant Parties identify which appeal(s) they are sheltering under in advance of the next CMC (to be scheduled in accordance with Paragraph [14] below).
4Ms. Kaufman also noted errors respecting the status of two of her other clients (unrelated to Appeal 17) on the most recent list of Appellants, Parties and Participants to these proceedings.
5Following the CMC, the Tribunal circulated a revised list of Appellants, Parties and Participants and directed that the Parties confirm the accuracy of same by no later than Monday, December 4, 2023. Accordingly, the Tribunal has updated and will rely on the attached Schedule 1 as the current manifest of Appellants, Parties and Participants, and their respective counsel/representatives.
PARTIAL APPROVAL MOTION
6The City advised the Tribunal that an updated version of the New OP was circulated to all Parties on a without prejudice basis on November 24, 2023. The updated version of the New OP has been colour coded to identify:
Policies that are currently in effect;
Policies that the City does not believe to be under appeal on a City-wide basis but that require confirmation of same from the Parties;
Policies that are proposed to be modified and, as modified, brought forward as part of a Motion for Partial Approval for the Tribunal’s consideration; and
Policies that remain subject to appeal on a City-wide basis.
7The City further advised the Tribunal that a companion document to the updated version of the New OP will be circulated to the Parties no later than Friday, December 1, 2023. The companion document contains a tracking chart of the proposed policy modifications that have occurred since the adoption of the New OP.
8In consideration of the above, the City proffered that it is preparing to submit a Motion for Partial Approval to the Tribunal on or before Friday, December 22, 2023. As part of the Motion, the City will also identify policies of the New OP that are currently in force and ask that the Tribunal confirm same. While it is the intent of the City to submit the Motion on consent of all Parties, counsel for the City suggested that dates be established for any potential Response Motion(s) by the Parties and subsequent Reply Motion(s) by the City.
9Hearing no objections from the Parties, the Tribunal directed that the following procedural dates be set with respect to the City’s Motion for Partial Approval:
Said Motion is to be filed with the Tribunal on or before Friday, December 22, 2023;
Response Motions, if any, are to be filed with the Tribunal on or before Friday, January 26, 2024; and
Reply Motions by the City, if any, are to be filed with the Tribunal on or before Monday, February 5, 2024.
PHASE 1C SETTLEMENT
10The approved Procedural Order for these proceedings establishes a phased approach to the hearings of merit, including Phase 1C – Aggregates. A 10-day Hearing for Phase 1C was initially scheduled to commence on Monday, December 4, 2023. However, counsel for the City and the Phase 1C appellants – being Appeals 1 and 40 – advised the Tribunal that they had reached a settlement and no longer needed the allotted hearing days. Rather, they requested that the 10-day Hearing be converted into a one-day Written Hearing in support of a settlement between the applicable Parties.
11The Tribunal granted the request and directed that supporting settlement materials be filed with the Tribunal no later than Monday, December 11, 2023. For administrative purposes, a Written Hearing has been scheduled for Friday, December 15, 2023.
MEDIATION
12The City suggested that Tribunal-led mediation would be of assistance with respect to the policies of the New OP that may remain unapproved following the Tribunal’s consideration of the anticipated Motion for Partial Approval. The City is specifically seeking one week of mediation in February or March 2024, and suggested that Chapter 2 of the New OP be the focus of same.
13The Tribunal directed that the City contact the Tribunal’s Case Coordinator to begin the mediation assessment process. Mr. Biggart, co-counsel for the City, confirmed his commitment to do so.
NEXT STEPS
14In lieu of scheduling a further CMC or hearing dates at this time, the Tribunal directed that the City provide the Tribunal with a status update no later than Friday, March 29, 2024 and request further CMC and/or hearing dates, as required.
ORDER
15THE TRIBUNAL ORDERS that settlement materials in respect of Phase 1C – Aggregates be filed with the Tribunal no later than Monday, December 11, 2023. A Written Hearing for Phase 1C – Aggregates will take place on Friday, December 15, 2023.
16THE TRIBUNAL ORDERS that counsel for the City of Burlington provide the Tribunal’s Case Coordinator with a status update by no later than Friday, March 29, 2024.
“S. Dixon”
s. dixon
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.
SCHEDULE 1
APPELLANTS, PARTIES AND PARTICIPANTS
Appellants to OLT-22-002219
Appeal Number
Appellant Name(s)
Appeal under OLT-22-002483?
Counsel/ Representative*
1
Ontario Stone, Sand & Gravel Association (OSSGA)
Marc Kemerer
2
United Burlington Retail Portfolio Inc.
Mandy Ng Aaron Platt
3
Crystal Homes
Alex Lusty
4
Landform Development Group and 2413350 Ontario Inc.
Yes
Chantal deSereville Denise Baker
5
1085 ClearviewLimited Partnership (1085 Clearview GP Inc.)
Chantal deSereville Denise Baker
6
West End Home Builders Association
Yes
Chantal deSereville Denise Baker
7
440 Elizabeth Street Holdings Ltd
Yes
Chantal deSereville Denise Baker
8
2084 Lakeshore Holdings Ltd. and 2084 Lakeshore (2048) LP Ltd
Yes
Chantal deSereville Denise Baker
9
Emshih Developments Inc. (800 Burloak Drive)
Shelly Kaufman Nancy Smith
10
Emshih Developments Inc. (895-901 Brant and 2250 Fairview Street)
Yes
Shelly Kaufman Nancy Smith
11
Emshih Developments Inc. (372-380 and 433-439 Brant Street)
Yes
Shelly Kaufman Nancy Smith
12
Carriage Gate Homes Inc., Lakeshore (Burlington) Inc. and Old Lakeshore (Burlington) Inc.
Yes
Shelly Kaufman
13
1820473 Ontario Inc. and Molinaro Group of Companies
Shelley Kaufman
14
Victoria-Brant Ltd., 2022 Victoria Avenue Inc., 2018 Victoria Avenue Inc., and 1664450 Ontario Inc.
Shelly Kaufman
15
Renimmob Properties Ltd.
Yes
Shelley Kaufman
16
Penta Properties Inc., Paletta International Corporation and P&L Livestock Ltd.
Shelley Kaufman
17
Withdrawn
18
Withdrawn
19
New Horizon Development Group
Alexander Suriano Patrick Harrington Meaghan Barrett
20
Brad Wilson
Self-Represented*
21
Wal-Mart Canada Corp.
Yes
Roslyn Houser Caroline Jordan
22
Millcroft Greens Corporation
Alexander Suriano Patrick Harrington Meaghan Barrett
23
RK (Burlington Mall) Inc.
Joel D. Farber Matthew Rutledge
24
Withdrawn
25
Pine Street Burlington Corp.
Yes
Chantal deSereville Denise Baker
26
Adi Developments (Masonry) Inc.
Yes
Chantal deSereville Denise Baker
27
Withdrawn
28
Withdrawn
29
RioCan Holdings Inc. (507-533 Brant Street)
Joel D. Farber Matthew Rutledge
30
335 Plains Holdings Inc. and 355 Plains Holdings Inc.
Chantal deSereville Denise Baker
31
Camarro Developments Inc. (789-795 Brant Street)
Chantal deSereville Denise Baker
32
Camarro Developments Inc. (519-527 Brant Street)
Chantal deSereville Denise Baker
33
Camarro Developments Inc. (1062 and 1074 Cooke Blvd)
Chantal deSereville Denise Baker
34
Infinity Developments Group Inc.
Chantal deSereville Denise Baker
35
Spruce Partners Inc. and Amico Properties Inc.
Yes
Chantal deSereville Denise Baker
36
5135 Fairview Holdings Inc.
Chantal deSereville Denise Baker
37
S & G Consulting Inc., Branthaven 735 Oval Inc., and Branthaven Development Corp.
Yes
Chantal deSereville Denise Baker
38
1602211 Ontario Ltd.
Chantal deSereville Denise Baker
39
William Love
Self-Represented*
40
Nelson Aggregate Co.
Marc Kemerer
41
Mac’s Convenience Stores Inc.
Max Laskin Matthew Lakatos- Hayward
42
Core FSC Lakeshore GP Incorporated
Yes
Caroline Jordan David Bronskill Matthew Lakatos- Hayward
43
Vrancorp Group
Yes
Caroline Jordan David Bronskill Matthew Lakatos- Hayward
44
Reserve Properties Ltd.
Yes
Caroline Jordan David Bronskill Matthew Lakatos- Hayward
45
2584979 Ontario Inc.
Caroline Jordan David Bronskill Matthew Lakatos- Hayward
46
Burlington Healthcare Centre Inc.
Yes
Vanessa Colton Andrew Jeanrie
47
Emshih Development Inc. (901 Guelph Line)
Shelly Kaufman Nancy Smith
48
Mattamy James Street Limited Partnership
Shelley Kaufman
Additional Appellants for OLT-22-002483 Only
Appeal Number
Appellant Name(s)
Counsel/Representative*
1A
Sofina Foods
Patrick Duffy
8A
Welwyn Interests Inc.
Chantal deSereville Denise Baker
13A
Adi Developments (Masonry) Inc.
Chantal deSereville Denise Baker
Non-Appellant Parties
Party
Name(s)
Counsel/ Representative*
A
Regional Municipality of Halton
Kelly Yerxa
B
City of Burlington
Christina Kapelos Andrew Biggart
C
Fairview GO Ltd.
Shelley Kaufman
D
Conserving Our Rural Ecosystems of Burlington Inc. (“CORE”)
David Donnelly
E
Millcroft Greenspace Alliance
Daintry Klein*
F
Metrolinx
Jennifer Evola Christie Gibson Signe Leisk
G
850 Brant Street Properties Inc.
Shelley Kaufman
H
Brookfield Properties, InteRent REIT and CLV Group Inc. (Fairview Limited Partnership)
Shelley Kaufman
Participants
Name(s)
Counsel/ Representative*
Tom Muir
Self-Represented*
Anne and David Marsden
Self-Represented*
Millcroft Coalition Against Development
Kirk Robinson*