Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 18, 2023
CASE NO(S).: OLT-23-000139
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Dunpar Developments Inc.
Subject: By-law No. 0008-2023
Description: to amend Mississauga Zoning By-law
Reference Number: BL.09-CIT, Zoning By-law 0008-2023
Property Address: City-wide
Municipality/UT: City of Mississauga
OLT Case No.: OLT-23-000139
OLT Lead Case No.: OLT-23-000139
OLT Case Name: Dunpar Developments Inc. v. Mississauga (City)
Heard: June 22, 2023 by video conference
APPEARANCES:
Parties
Counsel
Dunpar Developments Inc.
Luke Johnston (in absentia) Michael Nemanic Giouzelin Mutlu
City of Mississauga
Graham Walsh
Fountain Hill Construction and Consulting Ltd.
Michael Nemanic Giouzelin Mutlu
MEMORANDUM OF ORAL DECISION DELIVERED BY JATINDER BHULLAR ON JUNE 22, 2023 AND ORDER OF THE TRIBUNAL
1This is an appeal under subsection s. 34(19) of the Planning Act against the enactment of Zoning By-law 0008-2023 (ZBL) by the City of Mississauga (the “City”).
2Dunpar Developments Inc. (Dunpar) has properties located at various locations in the City. Its concerns and its issues are primarily related to low rise townhouses and performance standards thereof.
3The Tribunal reviewed the Affidavit of Service for this first Case Management Conference (CMC) sworn by Sacha Smith on 23 May, 2023. Having determined the Notice of the CMC has been duly served, the Affidavit of Service was marked as Exhibit 1 for the record.
PARTY STATUS
4The Tribunal received a request from Fountain Hill Construction and Consulting Ltd., (Fountain Hill) for the granting of Party status. This party is represented generally by the same counsel as Dunpar.
5After due submissions and a review of the request, the Tribunal granted Party status to Fountain Hill and, per Tribunal’s Rule 8.3 of the OLT Rules of Practice and Procedure, Fountain Hill involvement is limited to sheltering under the issues raised by Dunpar.
6Counsel for Dunpar/Fountain Hill informed the Tribunal that there are likely to be, in the future, a few more requests for the granting of Party status similar to the situation of Fountain Hill.
7The City raised concerns regarding potential conflict of interest issues in the way Dunpar counsel is approaching not only Fountain Hill representation but also any plans for the addition of more such parties. The Tribunal also reminded Dunpar counsel regarding the importance of anyone requesting the granting of Party status, to have such determination made at the first CMC.
8The Tribunal made a finding that no such requests for granting of Party status will be allowed in any future proceedings of this matter and counsel for Dunpar shall so conduct themselves.
HEARING
9The Tribunal informed the parties regarding Tribunal led mediation services should these be of assistance to the parties.
10Dunpar informed the Tribunal that it may be possible to scope the appeal and matters not related to Dunpar issues could be provided approval by the Tribunal. The Tribunal encourages Dunpar and the City to accordingly work jointly in this regard and to seek Tribunal approval in writing as appropriate with necessary supporting material.
11The Tribunal then reviewed the issues for adjudication in the Appeal. It informed Dunpar that the specificity of issues in its submission on this matter needs to improve. However, based on the available information and discussion among the parties, it was recognized that the evidence would likely be presented in the areas of land use planning, urban planning and transportation engineering.
12Fountain Hill committed to bring forth evidence and expected to call up to two witnesses to provide opinion evidence on some or all of the issues raised by Dunpar.
13In support of processing and planning for the hearing, the parties committed to provide the final draft of the PO on consent of all the parties no later than 31 August, 2023.
14The Tribunal directed that a hearing is set for a duration of five days commencing on January 8, 2024, at 10 a.m. The hearing will be held by video conference unless the parties are advised otherwise.
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:
GoTo Meeting: https://global.gotomeeting.com/join/927921077
Access code: 927-921-077
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 into an audio-only telephone line: (Toll Free) 1-888-299-1889 or +1 (647) 497-9391. The access code is 927-921-077.
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 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.
19There will be no further notice.
20This Member is not seized but may be approached should any issues arise that require Tribunal attention.
“Jatinder Bhullar”
JATINDER BHULLAR
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.