Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 22, 2023 CASE NO(S).: OLT-21-001738
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant:
Emshih Developments Inc.
Subject:
Request to amend the Official Plan – Failure to adopt the requested amendment
Description:
To permit a large scale, neighbourhood commercial development
Property Address:
700 & 800 Burloak Drive
Municipality/UT:
Burlington/Halton
Municipal File No.:
505-06/04
OLT Case No.:
OLT-21-001738
OLT Lead Case No.:
OLT-21-001738
OLT Case Name:
Emshih Developments Inc. v. Burlington (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Emshih Developments Inc.
Subject:
Application to amend Zoning By-law - Refusal or neglect to make a decision
Description:
To permit a large scale, neighbourhood commercial development
Property Address/Description:
700 & 800 Burloak Drive
Municipality/UT:
Burlington/Halton
Municipality File No.:
520-11/04
OLT Case No.:
OLT-21-001739
OLT Lead Case No.:
OLT-21-001738
Heard:
February 1, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel
Emshih Developments Inc.
N. Smith
M. Baker (in absentia)
City of Burlington
B. Hurley
Region of Halton
B. Maione
K. Yerxa (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY D. ARNOLD ON FEBRUARY 1, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the third Case Management Conference (“CMC”) respecting two appeals by Emshih Developments Inc. (the “Appellant”) arising from the failure of the City of Burlington (“City”) to make decisions regarding the Appellant’s applications for an official plan amendment and a zoning by-law amendment within the applicable statutory timeframes prescribed by the Planning Act, R.S.O. 1990, c. P.13, as amended, with respect to the property municipally known as 700-800 Burloak Drive in the City of Burlington (the “Appeals”).
2At the outset of the CMC, the City advised the Tribunal that Blake Hurley and not Lauren Pinder is now Counsel of Record for the City.
SETTLEMENT DISCUSSIONS
3The Parties advised that productive settlement discussions are currently underway. The Parties were encouraged to continue with these discussions as well as to consider opportunities for mediation, including Tribunal-facilitated mediation, if the same might be helpful in their settlement discussions. The Tribunal’s Case Coordinator may be contacted in the event that the Parties wish to schedule mediation facilitated by the Tribunal.
4The Parties requested that a further CMC be scheduled in late May of 2023, which may be converted to a settlement Hearing if the Parties have resolved all issues of the Appeals by that time. Alternatively, if settlement is not achieved on some or all of the issues of the Appeals, then this further CMC may be utilized to proceed with presentation of a draft Procedural Order including draft Issues List, with a view to requesting Hearing dates for adjudication of the outstanding issues of the Appeals.
CASE MANAGEMENT CONFERENCE
5At the CMC, the Tribunal ordered that a fourth CMC by Video Hearing be scheduled as a one-day event on May 24, 2023.
6The Hearing is scheduled to proceed by video on Wednesday, May 24, 2023 at 10 a.m.
7Parties and Participants 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://global.gotomeeting.com/join/638422541
Access code: 638-422-541
8Parties 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.
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 into an audio-only telephone line: +1 (647) 497-9373 or Toll-Free: 1-888-299-1889. The access code is 638-422-541.
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 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.
ORDER
11THE TRIBUNAL SO ORDERS, and provides these CMC directives for the purposes of the Case Management of the Appeals.
12THE MEMBER IS NOT SEIZED in this matter but will remain available for continued Case Management to the extent that the Tribunal calendar permits.
“D. Arnold”
D. ARNOLD
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.