Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 27, 2023
CASE NO(S).: OLT-22-002286 (Formerly PL170100)
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant: 1390226 Ontario Inc. Appellant: 1610341 Ontario Inc. Appellant: 1705823 Ontario Ltd. (c/o York Developments) Appellant: 1739626 Ontario Ltd. (c/o York Developments); and others Subject: The London Plan Municipality: City of London OLT Case No.: OLT-22-002286 Legacy Case No.: PL170100 OLT Lead Case No: OLT-22-002286 Legacy Lead Case No.: PL170100 OLT Case Name: Lansink v. London (City)
Heard: July 17, 2023 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| City of London | A. Hovius, C. McCreery |
| Auburn Developments Inc. and York Developments | J. Cheng, P. Duffy (in absentia) |
| Sari Belzycki | L. English |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. TOUSAW ON JULY 17, 2023 AND ORDER OF THE TRIBUNAL
Introduction
1This Case Management Conference ("CMC") addressed the remaining appeals to the City of London's ("City") 2016 Official Plan, known as the "London Plan."
2The City's numbers assigned to each appeal are used herein.
3The outcome of this Decision is that only five appeals remain to the London Plan, all being site-specific appeals advanced by two Appellants. The London Plan is otherwise in full force and effect, as previously Ordered by the Tribunal.
Appeal 29
4Analee Baroudi, counsel for Appeal 29, withdrew the appeal in writing prior to this CMC.
Appeal 20
5Benny Mathew, the current owner of 1597 Sunningdale Road, did not respond to the Tribunal's Order issued on February 23, 2023 directing that, if Party status was sought, a notice of motion seeking Party status be filed by May 19, 2023, and if no such request was filed, Appeal 20 would be dismissed. No motion was filed, Mr. Mathew did not attend this CMC, and City counsel advised that former counsel for Mr. Mathew informed the City that they were no longer retained. The City requested that Appeal 20 be dismissed, and no concern or objection was voiced by any Party.
6The Tribunal ordered that Appeal 20, as filed originally by John Ross and not pursued by the current owner, is dismissed.
Appeal 1
7With a Zoning By-law Amendment ("ZBA") now in force for 560 – 562 Wellington Street, the Parties requested time to draft any necessary modifications to the London Plan, given that the ZBA had been approved under the City's 1989 Official Plan.
Appeal 36
8A hearing is scheduled later this year for appeals to an Official Plan Amendment and ZBA affecting 175 – 199 Ann Street, following which the Parties will advise of any necessary next steps for Appeal 36.
Appeal 37
9For 550 Ridout Street North, the Parties requested additional time for discussions to potentially resolve the issues, including those of the sheltering Party, Sari Belzycki. This appeal also has a Participant, Anna Maria Valastro, who should be kept informed by the Parties on their discussion outcomes in due course.
Appeal 15
10The Parties requested additional time for their resolution discussions related to 193 – 199 College Avenue.
Appeal 41
11Applications are being submitted for 3080 Bostwick Road which may enable the resolution of Appeal 41. The Parties will advise at the next CMC.
Next Case Management Conference ("CMC")
12The Parties requested a further CMC in early 2024 to enable sufficient time for the matters outlined above. Updates and settlements, if reached, will be addressed at the next CMC scheduled for 10 a.m. on Friday, February 16, 2024 by video hearing. No further notice will be given.
13Statutory Parties and anyone seeking Party or Participant status 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/709076365
Access code: 709-076-365
14Parties 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
15Persons 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) 497-9373. The access code is as indicated above.
16Individuals 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 CMC hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing events may be directed to the Tribunal's Case Coordinator having carriage of this case.
ORDER
17The Tribunal Orders that Appeal 20 is dismissed.
18The Tribunal Orders its directions and rulings set out in this Decision.
19This Member is not seized but is available through the Case Coordinator for case management purposes.
"S. Tousaw"
S. TOUSAW VICE-CHAIR
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.