Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February, 22 2023
CASE NO(S).: OLT-22-004373
PROCEEDING COMMENCED UNDER section 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant RGF (Mississauga) Developments Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To remove the identification of a local road and replacement with a pedestrian mew
Reference Number: OPA 21-21 W4
Property Address: 325 Burnhamthorpe Road W
Municipality/UT: Mississauga/Peel
OLT Case No: OLT-22-004373
OLT Lead Case No: OLT-22-004373
OLT Case Name: RGF (Mississauga) Developments Inc. v. Mississauga (City)
Heard: February 9, 2023 by Video Hearing
APPEARANCES:
Parties
RGF (Mississauga) Developments Inc.
City of Mississauga
Counsel
P. DeMelo
G. Walsh
MEMORANDUM OF ORAL DECISION DELIVERED BY P. TOMILIN AND M.A. SILLS ON FEBRUARY 9, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The matter before the Tribunal is the appeal by RGF (Mississauga) Developments Inc. (“Applicant” / “Appellant”) from the failure of the City of Mississauga (“City”) to make a decision on an application for an Official Plan Amendment (“OPA”), pursuant to subsection 22(7) of the Planning Act (“Act”), for the property located at 325 Burnhamthorpe Road West.
2The purpose and effect of the OPA is to amend Schedule 10 of the City’s Official Plan, and Schedules 1-5 of the Downtown Core Local Area Plan by replacing the planned local road with a pedestrian easement.
STATUS REQUEST
3The Tribunal has not received any requests for party or Participant status regarding this matter.
CMC AND PROCEDURAL ORDER
4Prior to the CMC, the Tribunal received an email from the City advising that City Staff will be bringing forward a report on the application to City Council in March. Mr. Walsh advised that should this matter be resolved, the City will provide the Tribunal with the planning instruments to implement the necessary changes to the OP. The parties requested that a second CMC be scheduled in May 2023. In the event the parties have resolved the appeal, the Tribunal will be asked to convert the CMC to a settlement hearing. Otherwise, the parties will request that a hearing date be scheduled.
5The parties and the Tribunal agreed that, because this is a single issue appeal and there are no other parties, a Procedural Order is not required.
6A second CMC has been scheduled to proceed by video on May 23, 2023, at 10:00 a.m.
7Parties 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:
https://global.gotomeeting.com/join/709076365
Access code: 709-076-365
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: (Toll-Free) 1-888-299-1889 or +1 (647) 497-9373. The access code is 709-076-365.
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.
11No further notice will be provided.
12This Panel is not seized.
“P. Tomilin”
p. tomilin
MEMBER
“M.A. Sills”
m.a. sills
vice-chair
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.