Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 14, 2023
CASE NO(S).: OLT-22-004205 et al
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Georgian Mayfield Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit a residential development with a mix of single-detached dwellings and townhouse dwellings, including back-to-back
Reference Number: OZS-2019-0014
Property Address: 6875 & 6889 Mayfair Road
Municipality/UT: Brampton/Peel
OLT Case No.: OLT-22-004205
OLT Lead Case No.: OLT-22-004205
OLT Case Name: Georgian Mayfield Inc. v. Brampton (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Georgian Mayfield Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a residential development with a mix of single-detached dwellings and townhouse dwellings, including back-to-back
Reference Number: OZS-2019-0014
Property Address: 6875 & 6889 Mayfair Road
Municipality/UT: Brampton/Peel
OLT Case No.: OLT-22-004206
OLT Lead Case No.: OLT-22-004205
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Georgian Mayfield Inc.
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit a residential development with a mix of single-detached dwellings and townhouse dwellings, including back-to-back
Reference Number: OZS-2019-0014
Property Address: 6875 & 6889 Mayfair Road
Municipality/UT: Brampton/Peel
OLT Case No.: OLT-22-004207
OLT Lead Case No.: OLT-22-004205
Heard: January 24, 2023 by Video Hearing
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| Georgian Mayfield Inc. | Patrick Harrington |
| City of Brampton | Anthony-George D’Andrea |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. de BOER ON JANUARY 24, 2022 AND ORDER OF THE TRIBUNAL
1This was the second Case Management Conference (“CMC”) regarding appeals pursuant to s. 22(7), 34(11) and 51(34) of the Planning Act (“Act”) by Georgian Mayfield Inc. (“Appellant”) against the City of Brampton (“City”) for failure to make decisions within the statutory timeframes on applications for an Official Plan Amendment (“OPA”), Zoning By-law Amendment (“ZBA”) and Draft Plan of Subdivision (“Draft Plan”) for the properties municipally known as 6875 and 6889 Mayfair Road (“Subject Lands”) in Brampton.
2The OPA, ZBA and Draft Plan are required to permit a residential development with a mix of single-detached dwellings and townhouse dwellings, including back-to-back townhouse dwellings. In total, 107 units are proposed, 84 three-storey back-to-back townhouses, serviced by an underground garage, 15 three-storey rear land townhouses and 8 two-storey single detached homes.
3The Tribunal had previously marked the Affidavit of Service of the Notice of the CMC sworn by Natalie Hickey on September 19, 2022 as Exhibit 1 at the first CMC.
PARTY REQUESTS
4The Tribunal did not receive any requests for either Party or Participant status at this CMC. Since the time of the CMC, the Tribunal has been notified of three Participant requests. The Tribunal have received the Participant requests of the following persons for this matter:
Nitin Arora
Rajeev Saini
Jotvinder Sodhi
PROCEDURAL ORDER AND ISSUES LIST
5At the first CMC, counsel for the City had told the Tribunal that an agreed upon Procedural Order and Issues List would be provided prior to this CMC. City counsel updated the Tribunal and stated that the City had not given instructions to counsel as to how to proceed at this CMC. A City council meeting was to occur over the next couple of days from the time of this CMC with this particular file on the agenda for direction. As such, the City was requesting a third CMC to occur to provide the Tribunal with an agreed upon Procedural Order and Issues List.
6Counsel for the Applicant argued that this delay would cause prejudice to his client and proposed that a hearing date must be scheduled in order to force the City to come to the table and agree to a Procedural Order and Issues List.
7The City replied that since City Planning Staff recommended approval of the OPA, ZBA and Draft Plan, if the City were to oppose the applications before the Tribunal, the City would have to hire outside experts to oppose the applications. As such, until direction is received from City Council, the City cannot agree to the proposed Procedural Order and Issues List.
8The City was directed to inform the Tribunal through the Case Coordinator by the end of business January 27, 2023 as to the direction of City council.
9Since the time of the CMC, the City has informed the Tribunal that the City’s position will be in support of the Application by the Appellant. The City and the Applicant will strive to finalize the planning instruments in the hopes that a settlement can be reached and presented to the Tribunal at the next CMC or beforehand if a settlement can be agreed upon.
MEDIATION AND SETTLEMENT
10The Parties agreed that mediation is not needed at this time.
THIRD CMC
11The Tribunal has scheduled that a third CMC which will commence on Wednesday April 19, 2023 at 10 a.m. by Video Hearing. If a settlement is not completed prior to the third CMC, it is the request of the Tribunal that an agreed upon Procedural Order and Issues List will be submitted to the Case Coordinator on or before Wednesday April 12, 2023.
12If an agreed upon Settlement or a Procedural Order and Issues List were to be provided before Wednesday April 12, 2023, the Tribunal advised the parties that a Telephone Conference Call may occur to expedite the booking of a hearing date or the scheduling of a Settlement Hearing, schedules permitting.
13The hearing by video will commence on Wednesday April 19, 2023 at 10:00 a.m. for one (1) day and in accordance with the provisions of the Order in this Decision.
14Parties 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.
15The CMC is scheduled to proceed by video as follows:
https://global.gotomeeting.com/join/ 914098901
Access Code: 914-098-901
16Persons 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.
17Parties 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
18Individuals 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.
OTHER MATTERS
19There were no other matters that were needed to be addressed as this CMC.
ORDER
20THE TRIBUNAL ORDERS that:
21A third CMC will begin at 10:00 a.m. on Wednesday April 19, 2023 by Video Hearing;
22The Parties are to submit a draft Procedural Order and Issues List or an agreed upon Settlement Document and an affidavit from the Planner of their choice, for the Tribunal’s review on or before Wednesday April 12, 2023.
23There will be no further notice.
24The Member is not seized.
“S. de BOER”
S. de BOER
MEMBER
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.