Cadillac Fairview Corporation v. London (City), 2023 CanLII 64036

Ontario Land Tribunal / Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: July 11, 2023

CASE NO(S).: OLT-21-001766

PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, C. P. 13, as amended

Appellant: Cadillac Fairview Corporation

Appellant: CP REIT Ontario Properties & BMO Assurance Company

Subject: Proposed Official Plan Amendment No. OPA 745 -Masonville Secondary Plan Area

Municipality: City of London

OLT Case No.: OLT-22-001766

OLT Lead Case No.: OLT-22-001766

OLT Case Name: Cadillac Fairview Corporation v. London (City)

Heard: June 26, 2023 by video hearing

APPEARANCES:

Parties

Counsel

Cadillac Fairview Corporation Limited (“Cadillac”)

C. deSereville
D. Baker (in absentia)

CP REIT Ontario Properties Limited and BMO Life Assurance Company (“CP-BMO”)

K. Butler
P. Patterson (in absentia)

City of London

C. McCreery
A. Hovius

MEMORANDUM OF ORAL DECISION DELIVERED BY S. TOUSAW ON JUNE 26, 2023 AND ORDER OF THE TRIBUNAL

Link to Order

1This Decision modifies, and approves as modified, the appealed parts of the Masonville Secondary Plan, being a comprehensive amendment under the City of London (“City”) Official Plan (“The London Plan”) on the settlement of the appeals from Cadillac and CP-BMO.

2The unappealed parts of the Masonville Secondary Plan were previously approved in force and effect by the Tribunal’s Order dated June 29, 2022.

3The Tribunal marked the City’s Affidavit of Service as Exhibit 1, and the Affidavit of Sonia Wise as Exhibit 2.

4Written and oral evidence was provided by Sonia Wise, Registered Professional Planner with the City, whom the Tribunal qualified to provide opinion evidence in land use planning.

5On the uncontested evidence of Ms. Wise, the Tribunal finds as follows.

6Cadillac owns the substantial holding at 1680 Richmond Street, at the southeast corner of the “main intersection” of Richmond Street and Fanshawe Park Road, comprising the Masonville Place shopping mall, being a central anchor of the Secondary Plan area. Cadillac’s issues are addressed by modified policies enabling: the phasing of parkland dedications as development proceeds; some flexibility in adhering to the Community Structure Plan for parkland; and allowing two parks of at least 0.5 hectares each.

7CP-BMO owns 1740 Richmond Street, at the northeast corner of the main intersection, containing a major grocery store and other commercial uses. CP-BMO’s issues are addressed by modified policies enabling the following: phased developments; easements and private roads; minor street realignments; a housing affordability statement; a mix of unit sizes; permitted heights and uses; and the orientation of front entrances.

8The modifications which address these appeals apply throughout the Secondary Plan area. The resulting Masonville Secondary Plan will enable appropriate and desirable city-building, including intensification, mixed uses, a live-work complete community, public open space, and transit use, all consistent with the Provincial Policy Statement and in accordance with The London Plan.

9Having had regard to the decisions of the City, and on the uncontested evidence of Ms. Wise, the Tribunal finds that the modifications to the Masonville Secondary Plan will be approved as submitted on consent by the Parties, given that the resulting Secondary Plan: has suitable regard for matters of provincial interest under s. 2 of the Planning Act; is consistent with the Provincial Policy Statement; conforms with the relevant structure and directions of The London Plan; and thus, represents good planning in the public interest.

ORDER

10The Tribunal Orders that:

a) The Masonville Secondary Plan is modified, and approved as modified, as contained in Exhibit 2, Tab 2, Attachment 1; and

b) All outstanding policies of the Masonville Secondary Plan are in full force and effect as of the date of this Order.

“S. Tousaw”

S. tousaw

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.