Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
April 17, 2023
CASE NO(S).:
OLT-22-003840
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
2266591 Ontario Inc. & Seconfar Holdings Limited
Appellant:
Amber Forest Land Development Corp.
Appellant:
Argo TFP Brampton III Limited & Argo TFP Brampton IV Limited
Appellant:
Brampton Areas 52, 53 Landowners Group Inc. and others
Subject:
Proposed Official Plan Amendment
Reference Number:
OP2006-210
Property Address:
Heritage Heights Secondary Plan
Municipality:
City of Brampton
OLT Case No.:
OLT-22-003840
OLT Lead Case No.:
OLT-22-003840
OLT Case Name:
2266591 Ontario Inc. et al. v. Brampton (City)
Heard:
March 23, 2023 by video hearing
APPEARANCES:
Parties
Counsel/Representative*
Corporation of the City of Brampton
Bruce Engell
Ministry of Municipal Affairs and Housing
Iain Wilson
Joanna B. Wice (in absentia)
Brampton Areas 52, 53 Landowners Group
Mark Flowers
Wanless Properties Limited
Lee English
Isaac Tang (in absentia)
Bramwest Development Corporation
Ian Andres
Four X Development Inc.
Robert Howe
Pencil Top Development Inc.
Mustque Development Inc.
Corporation of the Town of Halton Hills
Stan Floras
Jeffrey Wilker (in absentia)
Regional Municipality of Halton Hills
Argo TFP Brampton III Limited
Meaghan Barret
Patrick Harrington (in absentia)
Argo TFP Brampton IV Limited
Peter Van Loan (in absentia)
MCN (Mayfield) Inc.
Cortel Group Inc.
Alexandra Whyte
Steven Ferri (in absentia)
MCN (Heritage) Inc.
MCN Financial Group Inc.
Northwest Brampton Landowners Group
Scott Snider
Bruce and Shirley Reed
Shelley Kaufman
James Reed
Maplequest Ventures Inc.
2266591 Ontario Inc. (D’Orazio Group/Mattamy Homes)
Seconfar Holdings Limited (D’Orazio Group/Mattamy Homes)
Primont Homes (Heritage Heights 1) Inc.
Primont Homes (Heritage Heights 3) Inc.
Primont Homes (Heritage Heights 4) Inc.
Pulcher Holdings Limited
Amber Forest Land Development Corporation (Great Gulf Homes)
Tiber Brampton Holdings Inc
Woodland Seniors Development Corporation
Paul Bottos
Catholic Cemeteries and Funeral Services Inc.
David Tang
Jesse White
Regional Municipality of Peel
Arti Sanichara
MEMORANDUM OF ORAL DECISION DELIVERED W. daniel best and carmine tucci ON march 23, 2023 AND ORDER OF THE TRIBUNAL
1The Tribunal convened the second Case Management Conference (“CMC”) for the above noted matter. A total of 30 individual entities (as noted in the appearances above) have filed appeals (“Appellants”) with respect to the City of Brampton’s (“City”) adoption of Official Plan Amendment 206-210 – Heritage Heights Secondary Plan (“HHSP”) pursuant to s. 17 (26) of the Planning Act.
2The effect of the HHSP is to establish a proposed Land Use Plan for the Secondary Plan Areas 52 and 53 that are collectively known as the Heritage Heights Community. The City has followed a comprehensive planning program in the construct of the HHSP of which there are three separate Official Plan Amendments.
3At the first CMC, The Tribunal granted Party status to the Credit Valley Conservation Authority (“CVCA”) and the Region of Peel (“ROP”) as set out in the Tribunal’s Rules of Practice and Procedure as a Non-Appellant Party (Rule 8.3). They must shelter under an issue of a remaining appellant party and ‘may not raise or introduce a new issue in the proceeding’. The CVCA withdrew its participation as a Non-Appellant Party on January 20, 2023.
4A major issue with respect to finalizing the HHSP is the exact location of the GTA West Corridor, which is presently the subject of an Environmental Assessment and the function of the said corridor as a complete street boulevard or a traditional limited access transportation corridor.
5The draft Consolidated Issues List identifies that there are many entity-specific issues that remain unresolved and requires further discussion amongst parties.
6Mr. Engell counsel for the City, provided an update and outlined his strategy on how best to proceed forward given the scope of issues and large number of Appellants. Mr. Engell referenced the draft PO and draft Issues List. Mr. Engell opined there were three categories of concern:
a. Policy wording
b. GTA West Corridor
c. Site-specific issues
7Mr. Engell proposed that a collaborative approach on policy-wording wherein the parties could provide their preferred language to be consolidated. He identified Schedule A as the instrument that could be used to move this strategy forward. Mr. Engell confirmed the provision of this alternative policy language is without prejudice to the parties’ ability to advance different policy wording, as appropriate, through Witness Statements and at the hearing of this matter.
8Mr. Engell opined that moving forward in this manner would allow time to finalize policy language and allow for those changes to be presented to Council and seek further direction. He advised that upon on completion of this process, another CMC could be requested. He opined that the scheduling of the next CMC should not be scheduled too far into the future and that mediation at this time is premature.
9All parties advised there is no dispute in principle with the approach presented by Mr. Engell regarding policy-wording issues.
10Mr. Snider advised that he has instructions to not set a hearing date. However, he is looking at a CMC to occur prior to this Fall.
11Mr. Snider advised that the fundamental issue of concern that remains is the GTA West Corridor. Mr. Snider opined that the draft PO and Issues List are very close to being finalized and that an additional CMC could crystallize the issues.
12Mr. Snider stated that the parties may wish to consider phasing the issues to ensure a more streamlined process. He believes that the following should be included in the next CMC:
a. The matters respecting the policy matters should be stood down and a focus on the GTA West Corridor should take precedence.
b. Comprehensive proposal on phasing and how it will be addressed.
13Mr. Bottos stated that not all the GTA West Corridor is encompassed within the HHSP. He offered that mediation matters may be premature but need to be noted at the next CMC.
14There appeared to be general agreement in principle on the following to be the path forward:
a. To establish a CMC no later than this Fall and preferably early this Summer;
b. To continue to work on a draft PO and Issues List in preparation of the next CMC;
c. Mediation at this time is premature but should be noted at the next CMC;
d. Comprehensive proposal for phasing and how matters will be addressed.
15The Tribunal directs that a revised final draft of the PO be submitted to the Tribunal Case Coordinator no later than 4:30 p.m. on Thursday, June 22, 2023. Should there be an absence of agreement among the parties on the Consolidated Issues List, the matter shall be spoken to at the third CMC.
16The Tribunal is prepared to schedule a full day CMC commencing on Thursday, July 6, 2023 at 10:00 a.m. Topics to be addressed at the July 6, 2023 CMC include: a proposed go forward strategy with respect to the adjudication of this matter; the presentation and review of a final draft PO subject to the agreement of all parties with respect to its content; a review of the extent issues have been consolidated and scoped by all parties, and where there is opportunity for additional issue scoping; advice on whether the parties expect this matter will require a phased hearing schedule; and is it possible to bring parts of the HHSP forward to the Tribunal for approval.
17The parties are aware of the availability of Tribunal-led mediation. Parties are of the opinion it is too early in the process but understand they may request this mediation at their convenience and will make this a topic of the next CMC when issues have been defined.
CASE MANAGEMENT CONFERENCE TECHNICAL DETAILS
18A full day CMC commencing on Thursday, July 6, 2023 by video hearing at 10:00 a.m.
19Parties 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.
20The CMC is scheduled to proceed by video as follows:
https://global.gotomeeting.com/join/638422541
Access Code: 638-422-541
21Persons 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.
22Parties 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
23Individuals 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
24Accordingly, THE TRIBUNAL ORDERS:
25A one-day Case Management Conference is to convene on Thursday, July 6, 2023.
26A revised draft Procedural Order for the merits hearing will be submitted to the Tribunal’s Case Coordinator no later than 4:30 p.m. on Thursday, June 22, 2023.
27The Panel Members may be spoken to through the Tribunal’s Case Coordinator if there are any issues with respect to the implementation of these orders.
28No further notice will be given.
29The Panel Members are not seized.
“W. Daniel Best”
W. DANIEL BEST
MEMBER
“Carmine Tucci”
CARMINE TUCCI
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.