Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 31, 2023
CASE NO(S).: OLT-22-004628
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Liquor Control Board of Ontario
Applicant: Greenwin Corp. and Sweeny Holdings Ltd.
Subject: Zoning Bylaw Amendment
Description: To permit a 42-storey and 37-storey mixed-use development containing 928 residential units
Property Address: 31-33 George Street N and 18-28 Elizabeth Street N
Municipality/UT: Brampton/Peel
Municipal File No.: OZS-2021-0053
OLT Case No.: OLT-22-004628
OLT Lead Case No.: OLT-22-004628
OLT Case Name: Liquor Control Board of Ontario v. Brampton (City)
Heard: March 15, 2023 by video hearing
APPEARANCES:
Parties
Counsel
Liquor Control Board of Ontario (“LCBO” or “Appellant”)
M. Laskin
Greenwin Corp. (“Greenwin”) Sweeny Holdings Ltd. (“Sweeny”)
J. Park
City of Brampton (“City”)
A. Peebles
Canadian National Railway Company (“CNR”)
J. Jakubowski
Metrolinx
C. Gibson
MEMORANDUM OF ORAL DECISION DELIVERED BY WILLIAM R. MIDDLETON ON MARCH 15, 2023 AND ORDER OF THE TRIBUNAL
1This is the first Case Management Conference (“CMC”) held in this proceeding, held on March 15, 2023 by video hearing (“VH”).
2Greenwin and Sweeny applied to the City to seek an amendment of the City’s Zoning By-law (“ZBA”) to permit a 42-storey and 37-storey mixed-use development containing 928 residential units on the lands municipally known as 31-33 George Street N and 18-28 Elizabeth Street N in the City (“Site”). The LCBO appealed the City’s decision to grant the ZBA.
3In addition, CNR, the owner of property and substantial operations located approximately 120 metres adjacent to the Site, seeks Party status. All other Parties consented to that request and the Tribunal agrees that CNR has an obvious interest in this proceeding and should be granted Party status. Finally, Metrolinx, the owner of adjacent lands which also comprise the Brampton GO transit station nearby, also sought Party status – again, the other Parties consented to their request and, in light of its interests, the Tribunal granted Party status to Metrolinx. Counsel for Metrolinx and CNR have agreed to shelter under the issues identified by LCBO, and counsel for all Parties undertook to further revise their draft Procedural Order (“PO”) to accommodate further issues and the hearing dates described in paragraph [5] below.
4There were no requests made at the VH for Participant status. The Parties were reminded of the availability of Tribunal-assisted mediation and indicated that they are likely to consider mediation at a later date.
5Prior to the CMC, counsel for all Parties had already exchanged and discussed a draft PO, and at the VH sought the scheduling of a 10-day hearing in this proceeding. The hearing will begin on Monday, February 5, 2024, at 10 a.m. for 10 days, by video.
6Parties 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/692665589
Access code: 692-665-589
7Parties 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
8Persons 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 692-665-589.
9Individuals 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.
10Subsequent to the VH, the Parties submitted a revised PO for the review of the Tribunal.
ORDER
11THE TRIBUNAL ORDERS THAT Canadian National Railway Company and Metrolinx shall each be granted Party status in this matter.
12THE TRIBUNAL ORDERS THAT the Procedural Order appended hereto as Attachment A shall govern the further conduct of this proceeding.
“William R. Middleton”
William R. Middleton
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.
ATTACHMENT A