Ontario Land Tribunal / Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 14, 2023
CASE NO(S).: OLT-22-004345
PROCEEDING COMMENCED UNDER section 42(4.9) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: 1989 Appleby Latch Limited
Appellant: Burlington Healthcare Centre Inc.
Appellant: Camarro Developments Inc.
Appellant: Core FSC Lakeshore GP Incorporated And others
Description: Notices of Appeal -Parkland Dedication Bylaw 62-2022, Burlington, Ontario
Reference Number: By law 62-2022
Property Address: City Wide
Municipality/UT: Burlington/Halton
OLT Case No: OLT-22-004345
OLT Lead Case No: OLT-22-004345
OLT Case Name: 1989 Appleby Latch Limited et al v. Burlington (City)
Heard: June 7, 2023 by video hearing
APPEARANCES:
Parties
Counsel
1989 Appleby Latch Limited
Jason Park
Building Industry and Land Development Association
Ira Kagan
Branthaven Development Corporation Burlington Health Care Centre Inc. Camarro Developments Inc. Effort Real Estate Corporation Infinity Development Group Inc. Lakeshore (Burlington) Inc. Landform Development Group Inc. and 2413350 Ontario Inc. Old Lakeshore (Burlington) Inc. Rosseau Development Corp. Spruce Partners Inc. and Amico Properties Inc. West End Homebuilders Association
Chantal deSereville
Mattamy James Street Limited Partnership Penta Properties Inc.
Nancy Smith
Core FSC Lakeshore GP International Reserve Properties Limited Vrancor Group
Matthew Lakatos-Hayward
City of Burlington
Kim Mullin Eugenia Bashura
MEMORANDUM OF ORAL DECISION DELIVERED BY DAVID BROWN ON JUNE 7, 2023 AND FINAL ORDER OF THE TRIBUNAL
1The Tribunal convened a Case Management Conference (“CMC”) in respect of appeals filed pursuant to s. 42(4.9) of the Planning Act, R.S.O. 1990, c. P. 13, as amended (the “Act”) against the enactment of By-law No. 62-2022 by the City of Burlington (“City”) that amended the City Parkland Dedication By-law No. 57-2005.
2Ms. Mullin attended on behalf of the City and advised that Appeals are in response to an amendment to the City’s Parkland Dedication By-law No. 57-2005 that was passed by City Council on July 22, 2022. Ms. Mullin advised that the City has been in discussions with the Parties and further advised that the City is preparing a new Parkland Dedication By-law that is expected to be presented to City Council in July of this year. Ms. Mullin indicated that it is the City’s expectation that the concerns raised by the Appellants can be appropriately addressed through the new by-law.
3Ms. Mullin, on consent of all the Parties, requested that a further CMC be convened in September or October of this year, after the new by-law described in paragraph [2] above has been considered by City Council, and at that time the Parties can update the Tribunal on the status of the Appeals.
4In consideration of the submissions, the Tribunal schedules a further CMC for Friday, September 8, 2023, at 10 a.m. by video hearing for the purpose of updating the Tribunal on the status of the City’s new Parkland Dedication By-law, the settlement discussions and the status of the Appeals.
5Parties 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/687587165
Access code: 687-587-165
6Parties 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
7Persons 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 1-888-299-1889. The access code is 687-587-165.
8Individuals 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.
9The Parties are encouraged to continue discussions and are requested to keep the Tribunal apprised of any matters affecting the appeals that may occur prior to the next CMC.
10There shall be no further notice required and the Member is not seized of the matter.
ORDER
11THE TRIBUNAL ORDERS THAT a further Case Management Conference is scheduled for Friday, September 8, 2023, commencing at 10 a.m. as set out above in paragraphs [4] to [7] inclusive.
“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.