Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 20, 2023
CASE NO(S).: OLT-22-004584
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Lightpoint (170 Lakeshore Road East Port Credit) Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the development of a 15-storey mixed-use building, including a 6-storey podium, with 147 purpose-built residential rental units
Reference Number: OPA 21/16 W1
Property Address: 170 Lakeshore Road East
Municipality/UT: City of Mississauga/ Regional Municipality of Peel
OLT Case No.: OLT-22-004584
OLT Lead Case No.: OLT-22-004584
OLT Case Name: Lightpoint (170 Lakeshore Road East Port Credit) v. Mississauga (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Lightpoint (170 Lakeshore Road East Port Credit) Inc.
Subject: Application to amend the Zoning By-law – Neglect to make a decision
Description: To permit the development of a 15-storey mixed-use building, including a 6-storey podium, with 147 purpose-built residential rental units
Reference Number: OZ 21/16 W1
Property Address: 170 Lakeshore Road East
Municipality/UT: City of Mississauga/ Regional Municipality of Peel
OLT Case No.: OLT-22-004584
OLT Lead Case No.: OLT-22-004585
Heard: November 30, 2023 by telephone conference call
APPEARANCES:
Parties
Counsel
Lightpoint (170 Lakeshore Road East Port Credit) Inc. (“Applicant/Appellant”)
David Bronskill
City of Mississauga (“City”)
Raj Kehar
MEMORANDUM OF ORAL DECISION DELIVERED BY D. CHIPMAN ON NOVEMBER 30, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal convened a status update telephone conference call in respect of an appeal filed pursuant to subsections 22(7) and 34(11) of the Planning Act (“Act”) by Lightpoint (170 Lakeshore Road East Port Credit) Inc. (“Applicant/Appellant”) against the City of Mississauga (“City”) on its failure to make a decision on applications for approval of an Official Plan Amendment (“OPA”) and a Zoning By-law Amendment (“ZBA”) within the timeframe prescribed by the Act.
2The lands that are the subject of the application are known municipally as 170 Lakeshore Road East (the “Subject Lands”). The Appellant proposed to redevelop the Subject Lands with a 15-storey mixed-use building, including a 6-storey podium with 147 purpose-built residential rental units. A revised proposal was the topic of discussion at this status update meeting.
3Mr. Bronskill advised the Tribunal through without prejudice discussions the Application has been revised. Both Parties agreed a new application process was not necessary as the continued discussions surrounding the revisions are positive.
4The Tribunal inquired as to the whether Tribunal-led mediation would assist in resolving any or all of the issues still outstanding. Both Parties indicated that they had spent significant time scoping the issues pertaining to the revised proposed development but felt a hearing would be needed to bring this matter to a resolve. The Tribunal informed the Parties that Tribunal-led mediation can be obtained at any point through the Case Coordinator.
5The Tribunal tasked Mr. Bronskill to provide the Tribunal with a draft Procedural Order (“PO”) with an Issues List (“IL”), for consideration and approval, on or before Friday, January 5, 2024, so that dates for the exchange of documents and meetings of the expert witnesses could be set within the appropriate timelines.
6The Tribunal agreed that based on the number of witnesses expected to be providing evidence, a six (6) day hearing would be in order. A hearing will commence on Monday, April 15, 2024, at 10 a.m. by video hearing.
7Parties are asked to log in to the video hearing at least 15 minutes before the start of the event to test their video and audio connections:
https://meet.goto.com/357283957
Access Code: 357-283-957
8Parties 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
9Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling in to an audio-only telephone line: Toll-Free 1-888-455-1389 or +1 (647) 497-9391. The Access Code is indicated above.
10Individuals 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 Video Hearing 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.
11The Tribunal inquired as to whether there were any other matters to be addressed which might assist in the fair, just and expeditious resolution of this matter. The Parties indicated that there were none.