Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 23, 2023
CASE NO(S).: OLT-22-002286 (Formerly PL170100)
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant: 1390226 Ontario Inc.
Appellant: 1610341 Ontario Inc.
Appellant: 1705823 Ontario Ltd. (c/o York Developments)
Appellant: 1739626 Ontario Ltd. (c/o York Developments); and others
Subject: The London Plan
Municipality: City of London
OLT Case No.: OLT-22-002286
Legacy Case No.: PL170100
OLT Lead Case No: OLT-22-002286
Legacy Lead Case No.: PL170100
OLT Case Name: Lansink v. London (City)
Heard: January 25, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel
City of London
A. Hovius and C. McCreery
Auburn Developments Inc. and York Developments
P. Duffy
Richmond North and MCC675
A. Baroudi
Sari Belzycki
L. English
MEMORANDUM OF ORAL DECISION DELIVERED BY S. TOUSAW ON JANUARY 25, 2023 AND ORDER OF THE TRIBUNAL
Introduction
1This Case Management Conference (“CMC”) addresses the remaining appeals to the City of London’s (“City”) 2016 Official Plan, known as the “London Plan.”
2The City’s numbers assigned to each appeal are used herein (e.g., Appeal 1, etc.).
Hearings Scheduled
3The Parties are aware that hearings are scheduled to commence for:
- Appeal 1 on March 27, 2023 (for eight days); and,
- Appeal 22 on July 5, 2023 (for three days).
Party Status
4The lands related to Appeal 20 are under new ownership, whose counsel, Vikas Sharma, was previously directed by the Tribunal to seek Party status by Motion. The City advised that no Motion has been filed to date, and Mr. Sharma is absent at this CMC.
5At the City’s request to establish a timeline, the Tribunal scheduled a written Motion hearing for Wednesday, June 7, 2023 and directs Mr. Sharma, should his client wish to proceed, to file a written Motion per Rule 10 of the Tribunal’s Rules of Practice and Procedure, as follows:
- Notice of Motion by May 19, 2023;
- Response(s) to Motion by May 26, 2023; and
- Reply, if any, by June 2, 2023.
6No further Notice of the written Motion hearing will be issued. The absence of a Notice of Motion by the specified date will result in the Tribunal’s administrative dismissal of Appeal 20, to be confirmed at the next CMC.
Next CMC
7For the remaining Appeals 15, 29, 36, 37, and 41, the Parties are proceeding with settlement discussions and/or site-specific development applications which may resolve appeals or lead to the scheduling of hearings on the merits. For Appeal 37, the Parties will keep the Added Party, Sari Belzycki, apprised of any settlement, if reached, for the Added Party’s review. Appeal 36 may be heard with appeals now filed for site-specific applications which are proceeding to their own CMC under a different Tribunal file.
8Updates and settlements, if reached, will be addressed at the next CMC now scheduled for 10 a.m. on Monday, July 17, 2023 by video hearing. No further Notice will be given.
9Statutory Parties and anyone seeking Party or Participant status 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:
GoTo Meeting: https://meet.goto.com/558205565
Access code: 558-205-565
10Parties 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
11Persons 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.
12Individuals 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 CMC hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing events may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
13The Tribunal Orders its directions and rulings set out in this Decision.
14This Member is not seized but is available through the Case Coordinator for case management purposes.
“S. Tousaw”
S. TOUSAW
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.