Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
June 16, 2023
CASE NO(S).:
OLT-22-004373
PROCEEDING COMMENCED UNDER section 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant
RGF (Mississauga) Developments Inc.
Subject:
Request to amend the Official Plan – Failure to adopt the requested amendment
Description:
To remove the identification of a local road, and replacement with a pedestrian mew
Reference Number:
OPA 21-21 W4
Property Address:
325 Burnhamthorpe Road W.
Municipality/UT:
Mississauga/Peel
OLT Case No:
OLT-22-004373
OLT Lead Case No:
OLT-22-004373
OLT Case Name:
RGF (Mississauga) Developments Inc. v. Mississauga (City)
Heard:
May 23, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel
RGF (Mississauga) Developments Inc.
P. DeMelo
City of Mississauga
A. Whyte
G. Walsh
MEMORANDUM OF ORAL DECISION DELIVERED BY P. TOMILIN ON MAY 23, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the second Case Management Conference (“CMC”) with respect to the appeal by RGF (Mississauga) Developments Inc. (“Applicant” / “Appellant”) from the failure of the City of Mississauga (“City”) to make a decision on an application for an Official Plan Amendment (“OPA”), pursuant to subsection 22(7) of the Planning Act (“Act”), for the property located at 325 Burnhamthorpe Road West.
2The purpose and effect of the OPA is to amend Schedule 10 of the City’s Official Plan, and Schedules 1-5 of the Downtown Core Local Area Plan, by replacing the planned local road with a pedestrian easement.
3The Parties informed the Tribunal that they were unable to come to the resolution of this matter and requested a three-day hearing to be scheduled.
HEARING
4The Tribunal directs that a three (3) day Hearing on the merits is scheduled to proceed by Video Hearing, on Wednesday August 9, 2023 at 10:00 am.
5Parties and Participants are asked to log in to 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/927921077
Access Code: 927-921-077
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 in to an audio-only telephone line: (Toll-Free) 1-888-299-1889 or +1 (647) 497-9391. The access code is 927-921-077.
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.
9Based on the assigned date of the Merit Hearing, the Tribunal directed the Parties to exchange the witness list and, on consent, return same to the Tribunal no later than Friday, July 28, 2023.
10No further notice will be provided.
11This Member is not seized.
“P. Tomilin”
P. TOMILIN
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.