Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 24, 2023
CASE NO(S).: OLT-22-004676
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
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/UT: Mississauga/Peel
OLT Case No.: OLT-22-004676
OLT Lead 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
Reference Number: OZ 22-9 W11
Property Address: 21-51 Queen Street N.
Municipality/UT: Mississauga/Peel
OLT Case No.: OLT-22-004677
OLT Lead Case No.: OLT-22-004676
OLT Case Name: Miss BJL Corp. v. Mississauga (City)
Heard: March 15, 2023, by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Miss BJL Corp. | Jessica De Marinis |
| City of Mississauga | Nancy Smith (in absentia) Graham Walsh |
| Regional Municipality of Peel | Rachel Godley |
MEMORANDUM OF ORAL DECISION DELIVERED BY STEVEN T. MASTORAS AND DAVID BROWN ON MARCH 15, 2023, AND ORDER OF THE TRIBUNAL
1The Tribunal convened a Case Management Conference (“CMC”) in respect of two appeals filed by Miss BJL Corp. (the “Appellant”) pursuant to s. 22(7) and s. 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended (“Act”), against the City of Mississauga (the “City”) for failure to make a decision on an application for an Official Plan Amendment (the “OPA”) and an application to Amend the Zoning By-law (the “ZBA”) within the timeframe prescribed by the Act.
2The OPA and ZBA affect the lands known municipally as 21 - 51 Queen Street North (the “Subject Property”). The OPA and ZBA will facilitate the redevelopment of the Subject Lands with a 9-storey mixed-use building proposing 390 residential units, 1,197 square metres of at grade retail space, a total of 575 parking spaces, and 300 bicycle parking spaces.
3An Affidavit of Service sworn on February 21, 2023, attesting to the giving of notice for this proceeding in accordance with the direction provided by the Tribunal was marked as Exhibit 1.
4The Tribunal received a Party Status Request Form from the Regional Municipality of Peel (“Region”) marked as Exhibit 2. There were no objections from the Parties in response to the request, and the Tribunal granted Party Status to the Region.
5There were no other requests for Party or Participant status received by the Tribunal.
6Ms. De Marinis advised the Tribunal that the Parties have been in discussion in respect to a settlement of this matter and requested that a second CMC be scheduled for the end of June this year to allow the Parties to continue their discussions.
7Mr. Walsh noted that the City is waiting on a resubmission from the Appellants and the settlement discussions are dependant on the receipt of the resubmission.
8The Parties were encouraged to continue with their settlement discussions and keep the Tribunal advised of the status of the negotiations in respect to scheduling requirements.
9The Parties were advised that, should a settlement not be achieved, the Parties will be expected to submit a draft Procedural Order and Issues List at least five days in advance of the next CMC.
10The Tribunal scheduled a further CMC for Tuesday, June 20, 2023, commencing at 10:00 am by video hearing.
11Parties 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.
12The CMC is scheduled to proceed by video as follows:
https://global.gotomeeting.com/join/660145013
Access Code: 660-145-013
13Persons 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.
14Parties 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
15Individuals 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
16THE TRIBUNAL ORDERS that the Regional Municipality of Peel is granted Party status.
17THE TRIBUNAL ORDERS that a further CMC will be held on Tuesday, June 20, 2023, at 10:00 am as set out in the details above.
18There will be no further notice.
19The Panel is not seized of this matter.
“Steven T. Mastoras”
STEVEN T. MASTORAS
MEMBER
“David Brown”
DAVID BROWN
MEMBER
Ontario Land Tribunal
Website: www.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.