Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: July 20, 2023

CASE NO(S).: OLT-23-000243

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

Appellant: 1544775 Canada Inc.

Appellant: 3930149 Canada Inc.

Appellant: 11034936 Canada Inc. ("Brigil")

Appellant: Forum Asset Management

Appellant: Loblaw Companies Limited

Appellant: Sisters of Charity

Appellant: Zena Investment Corporation

Subject: Proposed Official Plan Amendment No. 2023-48

Description: To amend Official Plan for the City of Ottawa to add the Orleans Corridor Secondary Plan

Reference Number: D01-01-22-000

Municipality/UT: City of Ottawa

OLT Case No.: OLT-23-000243

OLT Lead Case No.: OLT-23-000243

OLT Case Name: 1544775 Canada Inc., et al. v. Ottawa (City)

Heard: July 4, 2023 by Video Hearing

APPEARANCES:

Parties

1544775 Canada Inc. 3930149 Canada Inc.

Counsel

Jessica Chen

Parties

11034936 Canada Inc. Sisters of Charity of Ottawa Forum Asset Management Loblaw Companies Limited Zena Investments Corporation and Myers Youville Development Corp. City of Ottawa

Counsel

Michael Polowin Johanna Shapira Emma Blanchard Greg Meeds Garett Schromm

MEMORANDUM OF ORAL DECISION DELIVERED BY DAVID BROWN ON JULY 4, 2023 AND ORDER OF THE TRIBUNAL

1The Tribunal convened a Case Management Conference (“CMC”) in respect of appeals filed by 1544775 Canada Inc., 3930149 Canada Inc., 11034936 Canada Inc., Sisters of Charity of Ottawa, Forum Asset Management, Loblaw Companies Limited, and Zena Investments Corporation and Myers Youville Development Corp. (collectively the “Appellants”) pursuant to s. 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended (the “Act”) against the adoption by the City of Ottawa (“City”) of Official Plan Amendment No. 3 (“OPA 3”).

2Mr. Schromm provided an overview of the intent and purpose of OPA 3 explaining that OPA 3 amends the City Official Plan with the addition of the Orleans Corridor Secondary Plan to provide direction and guidance for development associated with the planned transit stations along the future Light-Rail Transit corridor and to achieve the goal of creating 15-minute neighbourhoods along the Orleans Corridor. Mr. Schromm described the boundaries of the study area associated with OPA 3 and noted that the appeals are spread out across the area.

3Mr. Schromm summarized the appeals as relating to parks and road dedication requirements, transit station area boundaries, natural heritage considerations, public realm improvements, and height and floor area restrictions. He noted that the appeals are both site specific and policy area wide.

4The Tribunal received a request for Party Status from SDLP 1887 Orleans Limited (“SDLP”). Mr. Polowin spoke to the request advising that his client did not oppose OPA 3, however, with the appeals that have been filed, his client’s interests are to ensure that any changes to OPA 3 resulting from the Appeals do not detrimentally impact his client’s lands. It was noted that one of the Appellants is an abutting property owner to his client’s lands.

5No objections to the request from SDLP for status were raised by the other Parties in the proceedings. The Tribunal, having reviewed the Party Status Request Form and the submissions from Mr. Polowin, is satisfied that SDLP has a direct interest and genuine concern in the effect of the Appeal, and grants SDLP status as a Party in these proceedings. The Tribunal notes that Rule 8.3 of the Tribunal’s Rules of Practice and Procedure will apply to SDLP’s status as a non-appellant Party.

6Mr. Schromm advised that the Parties have been in discussion with the City in respect to narrowing issues and pursuing possible settlements of the individual appeals. He advised that he is optimistic that settlements can be negotiated. In the event that the City and the Appellants are unable to settle this matter, the Parties advised they are agreeable to Tribunal-assisted Meditation.

7The Parties requested that a further CMC be scheduled for October to update the Tribunal on the status of settlement discussions, possible Tribunal-assisted Mediation, and the next steps in the Appeals.

8The Tribunal scheduled a further CMC video hearing to be held on Thursday, October 26, 2023, at 10:00 a.m. for the purpose of updating the Tribunal on the status of the Appeals.

9Parties 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/765631861

Access Code: 765-631-861

10Persons 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 1-888-455-1389 or +1 (647) 497-9391. The Access Code is as indicated above.

11Parties 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

12Individuals 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.

13Should the Parties wish to pursue Tribunal-assisted Mediation they are directed to contact the Case Coordinator to obtain direction with respect to the mediation process.

ORDER

14THE TRIBUNAL ORDERS THAT Party Status is granted to SDLP 1887 Orleans Limited.

15AND THAT a further Case Management Conference shall be held on Thursday, October 26, 2023, at 10:00 a.m. by video as set out in paragraphs [9] to [12] 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.