CORRECTION NOTICE

OLT CASE NO(S).:

OLT-22-004762

DECISION ISSUE DATE(S):

July 10, 2023

CORRECTION NOTICE ISSUE DATE:

July 21, 2023

RE: Blacks Point Development Inc. v. Cambridge (City)

Correction to: page 7, paragraph [19] c. under the Order Clause.

Originally:

Corrected to:

The Video Hearing in this matter will commence at 10 a.m. on Monday, March 24, 2024 and 25 days have been set aside, excluding March 29, April 1, and

April 8, 2024.

The Video Hearing in this matter will commence at 10 a.m. on Monday, March 25, 2024 and 25 days have been set aside,

excluding March 29, April 1, and April 8,

“Euken Lui”

EUKEN LUI REGISTRAR

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.

ISSUE DATE:

July 10, 2023

CASE NO(S).: OLT-22-004762

PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant:

Blacks Point Development Inc.

Appellant:

Canadian National Railway Company

Appellant:

742824 and 742825 Ontario Ltd. (Lammer Development Group)

Subject:

Proposed Official Plan Amendment

Description:

To permit the development of residential and commercial uses and permit a maximum height of

10 storeys for lands municipally known as 211 & 215 Queen Street West.

Reference Number:

OR01/21

Property Address:

211-215 Queen Street West

Municipality/UT:

City of Cambridge/Region of Waterloo

OLT Case No.:

OLT-22-004762

OLT Lead Case No.:

OLT-22-004762

OLT Case Name:

Black Point Development Inc. v. Cambridge (City)

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant/Appellant:

Blacks Point Development Inc.

Appellant:

Canadian National Railway Company

Appellant:

742824 & 742825 Ontario Limited (Lammer Development Group)

Subject:

Zoning By-law Amendment

Description:

To permit the development of a mixed-use residential and commercial development through reuse of existing buildings and the development of a new 10 storey residential building.

Reference Number:

OR01/21

Property Address:

211-215 Queen Street West

Municipality/UT:

City of Cambridge/Region of Waterloo

OLT Case No.:

OLT-22-004686

OLT Lead Case No.:

OLT-22-004762

Heard:

June 23, 2023 by Video Hearing

APPEARANCES:

Parties

Counsel

Blacks Point Development Inc.

Peter Hertz

742824 and 742825 Ontario Limited (Lammer Development Group)

Scott Snider

Shelley Kaufman (in absentia)

Canadian National Railway Company

Mary Ellen Bench Kevin Pirak

Katarzyna Sliwa (in absentia)

City of Cambridge

Brian Duxbury Nicole Auty

Regional Municipality of Waterloo

Fiona McCrea

MEMORANDUM OF ORAL DECISION DELIVERED BY BITA M. RAJAEE AND

S. BOBKA ON JUNE 23, 2023 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This was the third Case Management Conference (“CMC”) regarding appeals pursuant to subsections 34(19) and 17(36) of the Planning Act (“Act”) arising from the approval of a Zoning By-law Amendment (“ZBA”) by the Council of the City of Cambridge (“City”) and the approval of an Official Plan Amendment (“OPA”) by the Regional Municipality of Waterloo (“Region”) for the properties municipally known as 211-215 Queen Street West (“Subject Property”).

2The Appeals of the ZBA and OPA were brought forward by 742824 and 742825 Ontario Limited (Lammer Development Group) (“Appellant 1”) and Canadian National Railway Company (“Appellant 2”). Blacks Point Development Inc. (“Applicant”) is the Applicant for both planning instruments. The Applicant did not appeal the approval of the OPA by the Region, but was not satisfied with the placement of the holding provision by the City on the ZBA, and therefore appealed the approval of the ZBA.

3The Subject Property, irregularly shaped with a south-easterly slope, is comprised of two parcels with a combined lot area of approximately 2.38 hectares (5.88 acres). It has a total frontage of approximately 478 metres (“m”) (1,568 feet) and a depth of approximately 120 m (396 feet). Currently, there are a three-storey textile factory, one-storey buildings, and surface parking thereon. There is a rail corridor to the south and an existing easement/right-of-way is registered against a portion of the Subject Property.

4The ZBA and OPA are required to facilitate the construction of an adaptive reuse development with mixed-use residential and commercial space. The maximum proposed height would be 10 storeys with 2,500 square metres of at grade commercial floor area.

5At the first CMC on February 16, 2023, it was confirmed that Notice had been appropriately provided for this matter and no further Notice was required. Moreover, Dr. Derek Coleman was granted Participant status. Lastly, the OPA Appeal (OLT-22- 004762) and the ZBA Appeal (OLT-22-004686) were consolidated in accordance with Rule 16 of the Tribunal’s Rules of Practice and Procedure.

PROCEDURAL ORDER AND ISSUES LIST

6In advance of the third CMC, the Parties filed a draft Procedural Order (“PO”) and an agreed-upon Issues List (“IL”), which was not substantially different than the PO and

IL filed in advance of the second CMC on May 1, 2023, save for the addition of the City’s two issues to the IL.

7At the third CMC, the Parties advised that, though they had hoped to scope or resolve some issues, they had been unable to reach an agreement, and the IL remained as it was. As such, though extensive, the Parties expressed a desire to rely on this IL at the Hearing. The Tribunal agreed to ratify the IL as provided and directed that the Parties advise if issues are scoped or resolved.

8With respect to the PO, the Tribunal directed that the Parties include the addition of a date for a status update to be provided and ordered that the Parties provide the Case Coordinator with such an update in writing by Monday, December 18, 2023. The Tribunal asked that this status update include an indication as to whether all hearing dates remain required.

9Prior to the third CMC, the Tribunal had been advised that the Parties had not reached an agreement regarding the order of evidence to be presented at the Hearing (Attachment 3 of the PO). At the CMC, after some brief discussions, the Parties arrived at the agreement that the evidence would be presented in the following order:

a. The Applicant

b. The City

c. The Region

d. Appellant 2

e. Appellant 1

f. The Applicant – Reply

10This agreed-upon order of evidence, as confirmed by the Tribunal, is to be reflected in the updated and final version of the PO. The City’s Counsel undertook to revise and re-submit for approval of the Tribunal, by July 24, 2023, a revised PO and IL in accordance with the Tribunal’s directions and any agreement made amongst the Parties.

MEDIATION AND SETTLEMENT

11The Tribunal raised the issue of the opportunity for settlement, including the use of Tribunal-assisted mediation. Appellant 1’s Counsel expressed an interest in Tribunal- assisted Mediation, indicating that this was an appropriate case for same, since all Parties agreed that development should occur on these lands, and simply disagreed as to how that end objective should be achieved. This view was shared by the City and the Region. Appellant 2’s Counsel was not sure whether mediation would assist with respect to their particular issues in light of prior discussions, but was not entirely against the idea. The Applicant indicated that it may be premature at this stage to engage in mediation, since meaningful information and supporting studies had not been received from Appellant 1.

12The Tribunal advised that there is a process for Tribunal-assisted mediation, and the Parties are required to reach out to the Tribunal’s Case Coordinator in writing if they would like to engage in this process. The Tribunal further directed the Parties to determine amongst themselves whether mediation would be appropriate in this case. The Parties are further directed to advise the Tribunal in writing should they reach a settlement with respect to some or all of the issues prior to the Hearing.

HEARING DATE

13Due to the extensive IL, and the number of Parties and potential witnesses, the Tribunal agreed that a 25-day Hearing would be sufficient, and a Video Hearing has

now been scheduled for 25 days, commencing at 10 a.m. on Monday, March 25, 2024, continuing to Wednesday, May 1, 2024. The following dates are excluded: March 29, 2024 (Good Friday); April 1, 2024 (Easter Monday); and April 8, 2024.

14On the applicable Hearing dates, the Parties and Participant are to use the following coordinates:

March 25, 2024 to May 1, 2024 at 10 a.m. (25-day Hearing) GoTo Meeting: https://meet.goto.com/680885805

Access code: 680-885-805

Audio-only line: Toll-Free 1-888-299-1889 or +1 (647) 497-9373

Audio-only access code: 680-885-805

15Parties 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.

16Parties 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.

17Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling the audio-only telephone line.

18Individuals 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 Video Hearing 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

19THE TRIBUNAL ORDERS as follows:

a. The final Procedural Order and Issues List is to be provided to the Tribunal by Monday, July 24, 2023.

b. The Parties are to provide the Case Coordinator with a status update in writing by Monday, December 18, 2023, including whether all Hearing dates remain required.

c. The Video Hearing in this matter will commence at 10 a.m. on Monday, March 24, 2024 and 25 days have been set aside, excluding March 29,

April 1, and April 8, 2024.

20The Panel is not seized.

“Bita M. Rajaee”

BITA M. RAJAEE

MEMBER

“S. Bobka”

S. BOBKA 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.