ISSUE DATE:
December 20th 2023
CASE NO.:
OLT-22-004676
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O.
Applicant/Appellant:
Miss BJL. Corp
Subject:
Official Plan Amendment
Description:
To permit a 9 storey apartment building with non- residential uses at grade
Municipal Reference Number:
OP 22-9 W11
Property Address:
21-51 Queen Street N
Municipality:
Mississauga/Peel
OLT Lead Case No.:
OLT-22-004676
OLT Case No.:
OLT-22-004676
OLT Case Name:
Miss BJL. Corp v. Mississauga (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant:
Miss BJL. Corp
Subject:
Zoning By-law Amendment
Description:
To permit a 9 storey apartment building with non- residential uses at grade
Municipal Reference Number:
OZ 22-9 W11
Property Address:
21-51 Queen Street N
Municipality:
Mississauga/Peel
OLT Lead Case No.:
OLT-22-004676
OLT Case No.:
OLT-22-004677
OLT Case Name:
Miss BJL. Corp v. Mississauga (City)
BEFORE:
ERIC S. CROWE
Wednesday, the 20th
MEMBER
day of December, 2023
THE TRIBUNAL ORDERS that further to the Procedural Order issued on December 5th, 2023, the Amended Procedural Order, as agreed to between the Parties and attached hereto as Schedule “A”, shall be in force and effect for the purpose of governing the required procedures leading up to and including the hearing, which is scheduled to commence on Monday, March 18, 2024, commending at 10:00 a.m. The Tribunal has set aside nine day(s) for the hearing.
“Euken Lui”
EUKEN LUI ACTING REGISTRAR
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.
SCHEDULE A
PROCEDURAL ORDER
- The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties’ request or its own motion.
Organization of the Hearing
The video hearing will begin on Monday, March 18, 2024 at 10:00 a.m. at Go-To Meeting: https://meet.goto.com/370987861 Access Code: 370-987-861.
The parties’ initial estimation for the length of the hearing is nine (9) days. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.
The parties and participants identified at the case management conference are set out in Attachment 1 (see Attachment 5 for the meaning of these terms).
The issues are set out in the Issues List attached as Attachment 2. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.
The order of evidence shall be as set out in Attachment 3 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.
Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.
Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website.
Requirements Before the Hearing
- A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of the witnesses and the order in which they will be called. This list must be delivered on or before December 15, 2023 and in accordance with paragraph 22 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in
which the witness is prepared to be qualified.
Expert witnesses in the same field shall have a meeting on or before January 12, 2024 and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before January 19, 2024.
An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 13 below. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.
Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s evidence as in paragraph 13 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 13 below.
On or before February 23, 2024, the parties shall provide copies of their witness and expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 22 below.
On or before February 2, 2024, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 22 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.
On or before February 23, 2024, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
On or before March 4, 2024, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 22 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.
Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence on or before February 23, 3024 and in accordance with paragraph 22 below.
The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before March 8, 2024.
A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the
motion to all other parties 15 days before the Tribunal hears the motion.
A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.
The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before March 8, 2024 with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.
All filings shall be submitted electronically and in hard copy. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7.
A summary of the filing dates is attached as Attachment 4.
No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.
ATTACHMENT 1
PARTIES TO THE HEARING
1. Miss BJL Corp.
Turkstra Mazza Associates 15 Bold Street
Hamilton, ON L8P 1T3
Nancy Smith
Tel: (905) 529-3476
Email: nsmith@tmalaw.ca
Anna Toumanians
Email: atoumanians@tmalaw.ca
2. City of Mississauga
300 City Centre Drive Mississauga, ON L5B 3C1
Lia Magi
Tel: (289) 971-0682
Email: lia.magi@mississauga.ca
ATTACHMENT 2
ISSES LIST
City of Mississauga
PLANNING ACT:
- Does the proposed development have regard to matters of Provincial Interest as outlined in Section 2 of the Planning Act as it relates to (h), (j), (p), (q) and (r)?
PROVINCIAL POLICIES:
- Does the proposed development demonstrate consistency with the Provincial Policy Statement 2020, including but not limited to 1.1.1, 1.1.3.2-1.1.3.4, 1.4.3,
1.7.1.e, 4.6?
- Does the proposed development conform to the Growth Plan for the Greater Golden Horseshoe, including but not limited to Policy 2.2.1.2, 2.2.1.4, 2.2.2.3 and 5.2.5.6?
REGION OF PEEL OFFICIAL PLAN, 2020:
- Does the proposed development conform to the Region of Peel Official Plan in relation to Section 5.3 Urban System, as it relates to development and intensification, including policies 5.2.2.1, 5.3.1.4, 5.3.1.5, and 5.3.2.6?
REGION OF PEEL OFFICIAL PLAN, 2022:
- Does the proposed development conform to the Region of Peel Official Plan in relation to Section 5.4.18, including policies 5.4.18.4, 5.4.18.10, 5.4.18.11,
5.4.18.13, and 5.4.18.15?
MISSISSAUGA OFFICIAL PLAN:
- Does the proposed development conform to the Mississauga Official Plan, including but not limited to policies in:
a) Chapter 4: Vision – Section 4.4
b) Chapter 5: Direct Growth – Sections 5.1.4, 5.1.6, 5.1.7, 5.3.5.1, 5.3.5.2,
5.3.5.3, 5.3.5.4, 5.3.5.5, 5.3.5.6
c) Chapter 6: Value the Environment – Sections 6.7.1, 6.7.4, 6.10.1.1,
6.10.1.5, 6.10.4.1, 6.10.4.4, 6.10.4.5
d) Chapter 7: Complete Communities – Sections 7.1.6, 7.2.1, 7.2.2, 7.2.3
e) Chapter 9: Build a Desirable Urban Form – Sections 9.1.1, 9.1.5, 9.1.10,
9.3.5.5, 9.3.5.6, 9.3.5.7, 9.5.1.1, 9.5.1.3, 9.5.1.5, 9.5.1.12, 9.5.2.3
f) Chapter 11: General Land Use Designations – Sections 11.2.5.6, 11.2.6.1, 11.2.6.2, 11.2.6.3, 11.2.6.4, 11.2.6.5
g) Chapter 16: Neighbourhoods – Sections 16.1.1, 16.1.1.2, 16.24.1.1,
h) Chapter 19: Implementation – Section 19.5 Criteria for Site Specific Official Plan Amendments
PLANNING, DESIGN & LANDSCAPE ISSUES:
Does the proposed development meet the intent of the Mississauga Official Plan City Structure – Urban Hierarchy?
Does the proposed development have appropriate regard to the Streetsville Neighbourhood Character Area?
Is the proposed official plan designation appropriate?
Are the proposed zoning by-law exception standards appropriate?
Is the proposal compatible with the character of the area given the height and massing?
Does the proposal adverse impact on the livability of residents in the abutting residential properties including access to sunlight, view to outside and privacy?
Does the proposal incorporate a mix of units that accommodate a diverse range of incomes and household sizes?
Does the proposal adequately address the City's standards for Housing Study requirements?
Is the proposed access and driveway, including the drop-off area, loading areas, garbage collection, and underground parking entrance, safe for vehicles and pedestrians?
Are the building separation distances from the property to the north (Portuguese Cultural Centre) appropriate as to not preclude the redevelopment of this and other neighbouring properties?
Does the proposed access and driveway comply with the Fire Route Access By- law and is able to be serviced/accessed by fire trucks?
Are the encroachments into the City's easement along the southern property line for municipal storm sewer infrastructure appropriate and acceptable?
Does the proposed development incorporate sufficient amenity space, landscape area and buffers?
Has the applicant appropriately demonstrated that City requirements, such as accommodating street trees, can be achieved within the public ROW of the Queen Street North frontage?
Do the building and parking structure setbacks provide sufficient space to support at grade retail and contribute to an active public street frontage?
Does the proposal provide adequate and appropriate locations for transformer vaults?
Has the applicant successfully addressed impacts of the Canadian Pacific Rail (CPR) corridor related to public safety and functioning of the site?
Have the City's standards for a Parking Utilization Study requirements been adequately addressed to support the proposed parking rate for the development?
Have the City’s standards for Shadow Study requirements been adequately addressed to mitigate adverse impacts associated with the development?
Have the City's standards for Pedestrian Wind Comfort and Safety Study been adequately addressed?
TRANSPORTATION & WORKS ISSUES:
Has the applicant adequately demonstrated that the groundwater generated from the proposed underground parking can be managed on-site and that there will be no adverse impact to the City's storm sewer system?
Have the City's standards for a Phase 2 Environmental Site Assessment been adequately addressed?
Have the City's standards for a Noise and Vibration Feasibility been adequately addressed to assess and understand the impacts of potential noise sources and proposed mitigation measure?
HOLDING “H” PROVISION
- In the event that the Tribunal allows the appeal in whole or in part, should the Zoning By-law include an “H” (Holding) provision which requires the following conditions to be satisfied:
a. Receipt of revised Civil Drawings and Site Plan to the satisfaction of the City
b. Receipt of a satisfactory executed Development Agreement in a form and on terms satisfactory to the City of Mississauga
c. Receipt of an executed Easement Encroachment Agreement for the proposed works within the storm sewer easement
d. Receipt of an executed Easement Encroachment Agreement for the proposed works within the Region's sanitary easement
e. Receipt of satisfactory technical reports, studies, drawings, documents, in a form and on terms satisfactory to the City, including:
Updated Noise and Vibration Report
Updated Transportation Impact Study
Revised and updated Civil Engineering Plans
Updated Functional Servicing and Stormwater Management Report
A Phase 2 Environmental Site Assessment, and other environmental documents including a well decommissioning letter prepared by a Professional Engineer, and a Storm Sewer Use By-law Acknowledgement Letter, and a written document prepared by a Qualified Person stating the fill material located on-site is geotechnically and environmentally suitable or has been/will be removed
f. Receipt of a Record of Site Condition
g. Receipt of a satisfactory Sun/Shadow Study to the satisfaction of the City’s Planning and Building Department
h. Receipt of a satisfactory Pedestrian Level Wind Study to the satisfaction of the City’s Planning and Building Department
i. Receipt of a satisfactory Parking Utilization Study to the satisfaction of the City's Municipal Parking section
- In the event that the Tribunal allows the appeal in whole or in part, should the Final Order be withheld pending the City Solicitor advising the Tribunal that the Owner and City have agreed to the final form of the Official Plan Amendment and Zoning By-law Amendment?
SUMMARY:
- Does the proposed development represent good planning and is it in the public interest?
ATTACHMENT 3
ORDER OF EVIDENCE
Miss BJL Corp.
City of Mississauga
Miss BJL Corp. (in reply, if required)
ATTACHMENT 4
SUMMARY OF FILING DATES
EVENT
DATE
List of Witness
December 15, 2023
Expert Witness Meetings
January 12, 2024
Agreed Statement of Facts & Remaining Issues
January 19, 2024
Witness and Expert Witness Statements
February 23, 2024
Reply Witness Statements
March 4, 2024
Visual Evidence
March 4, 2024
Hearing Plan
March 8, 2024
Joint Document Book
March 8, 2024
OLT Hearing Commences
March 18, 2024
ATTACHMENT 5
MEANING OF TERMS USED IN THE PROCEDURAL ORDER
A party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other parties, and making submissions on all of the evidence. An unincorporated group cannot be a party and it must appoint one person to speak for it, and that person must accept the other responsibilities of a party as set out in the Order. Parties do not have to be represented by a lawyer and may have an agent speak for them. The agent must have written authorisation from the party.
NOTE that a person who wishes to become a party before or at the hearing, and who did not request this at the case management conference (CMC), must ask the Tribunal to permit this.
A participant is an individual or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a party may do so). Section 17 of the Ontario Land Tribunal Act states that a person who is not a party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A participant may also be asked questions by the parties should the Tribunal direct a participant to attend a hearing to answer questions on the content of their written submission.
A participant must be identified and be accorded participant status by the Tribunal at the CMC. A participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A participant cannot ask for costs, or review of a decision, as a participant does not have the rights of a party to make such requests of the Tribunal.
Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party or participant intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.
Visual evidence includes photographs, maps, videos, models, and overlays which a party or participant intends to present as evidence at the hearing.
A witness statement is a short written outline of the person’s background, experience and interest in the matter; a list of the issues which he or she will discuss ; and a list of reports or materials that the witness will rely on at the hearing.
An expert witness statement should include his or her (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness’ opinions on those issues and the complete reasons supporting their opinions and conclusions and
(5) a list of reports or materials that the witness will rely on at the hearing. An expert witness statement must be accompanied by an acknowledgement of expert’s duty.
A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a statement of the participant’s position on the appeal; a list of the issues which the participant wishes to address and the submissions of the participant on those issues; and a list of reports or materials, if any, which the participant wishes to refer to in their statement.
Additional Information
A summons may compel the appearance of a person before the Tribunal who has not agreed to appear as a witness. A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons through a request. (See Rule 13 on the summons procedure.) The request should indicate how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the information provided in the request that the evidence is relevant, necessary or admissible, the party requesting the summons may provide a further request with more detail or bring a motion in accordance with the Rules.
The order of examination of witnesses is usually direct examination, cross- examination and re-examination in the following way:
direct examination by the party presenting the witness;
direct examination by any party of similar interest, in the manner determined by the Tribunal;
cross-examination by parties of opposite interest;
re-examination by the party presenting the witness; or
another order of examination mutually agreed among the parties or directed by the Tribunal.