Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 27, 2023
CASE NO(S).: OLT-23-000261
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Branthaven Creditview Inc. Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To permit the construction of 60 single-detached residential dwelling units Reference Number: OZS-2022-0014 Property Address: 8940 Creditview Road Municipality/UT: Brampton/Peel OLT Case No: OLT-23-000261 OLT Lead Case No: OLT-23-000261 OLT Case Name: Branthaven Creditview lnc. v. Brampton (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Branthaven Creditview Inc. Subject: Application to amend the Zoning By-law – Failure to make a decision Description: To permit the construction of 60 single-detached residential dwelling units Reference Number: OZS-2022-0014 Property Address: 8940 Creditview Road Municipality/UT: Brampton/Peel OLT Case No.: OLT-23-000262 OLT Lead Case No.: OLT-23-000261
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Branthaven Creditview Inc. Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision Description: To permit the construction of 60 single-detached residential dwelling units Reference Number: 21T-22001B Property Address: 8940 Creditview Road Municipality/UT: Brampton/Peel OLT Case No.: OLT-23-000263 OLT Lead Case No.: OLT-23-000261
Heard: June 23, 2023 by Video Hearing
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| Branthaven Creditview Inc. (“Appellant”) | N. Smith |
| City of Brampton (the “City”) | B. Carter |
| Kaneff Properties Limited | P. Hertz (in absentia), M. Flowers |
| Credit Valley Residents Association | J. Singh* |
MEMORANDUM OF ORAL DECISION DELIVERED BY D. ARNOLD ON JUNE 23, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION AND BACKGROUND
1This first Case Management Conference (“CMC”) was held to prepare for a Hearing on the merits of the Appellant’s appeals to the Tribunal of the failure of the City to make decisions with respect to the Appellant’s applications for an Official Plan Amendment, a Zoning By-law Amendment and Draft Plan of Subdivision Approval within the respective prescribed statutory timelines (the “Appeals”) to permit the development of the lands municipally known as 8940 Creditview Road in the City of Brampton (“Subject Property”) with 60 single-detached residential dwelling units (“Proposed Development”).
2The Tribunal entered into evidence as Exhibit 1 in these proceedings the Affidavit of Service of L. Sudac sworn on May 16, 2023, and is satisfied that same demonstrates proper notice such that no further notice is required in these proceedings.
PARTY AND PARTICIPANT STATUS
3There were five requests for Party status in the subject proceedings as follows:
(a) Kaneff Properties Limited (“Kaneff”) - Kaneff is the owner of lands located on two sides of the Subject Property to the immediate north and west of the Subject Property. Kaneff identified an interest in the Appeals including servicing and transportation (road) matters. The Tribunal is satisfied that Kaneff has genuine land use planning interests pertaining to the Appeals and, on no opposition of the Appellant or the City, grants Party status to Kaneff.
(b) Credit Valley Residents Association (“CVRA”) – Jasbir Singh appeared as an authorized representative of CVRA and indicated that CVRA is an incorporated Association whose members include residents living in the vicinity of the Subject Property. Mr. Singh identified that CVRA has a number of concerns pertaining to the Proposed Development, including concerns pertaining to infrastructure, servicing, and compatibility with existing residential development in the vicinity of the Proposed Development. The Tribunal is satisfied that CVRA has genuine land use planning concerns pertaining to the Appeals and, on no opposition of the other parties, grants Party status to CVRA.
(c) Satinder Malhotra (granted Participant status as detailed below), John Brennen (granted Participant status as detailed below) and Paramjit Chahal withdrew their requests for Party status, indicating that they were content with CVRA as a party to address their concerns pertaining to the Proposed Development.
4There were fourteen requests for Participant status in the subject proceedings as follows:
(a) Satinder Malhotra, John Brennen, Nash Jeevraj, Sachin Kankran, Cheryl Roy and Francis Roy (requests amended by the latter two persons to be a joint request at the CMC) identified that they live in close proximity to the Subject Property and have concerns pertaining to the Proposed Development including servicing and compatibility. The Tribunal is satisfied that they are raising genuine land use planning concerns, and, on no opposition of the Parties, grants Participant status to each of these persons.
(b) Amrik Ahluwalia, Anthony Mason, Peter Baxter, Anna Cardoso and Jorge Cardoso withdrew their requests for Participant status, indicating that they were content with CVRA as a Party to address their concerns pertaining to the Proposed Development.
(c) Rosy Kumar, Ramaljit Sandhu, and Kultar Dhuck did not attend the CMC to address their requests for Participant status, and their requests are denied. It is noted that in each of their written requests they referred to membership in CVRA, which has been granted Party status in the subject proceedings.
HEARING DATES
5The Appellant advised that there are settlement discussions underway between the Appellant and the City, and, in anticipation of reaching a full or partial settlement, requested two hearing days in late September of 2023. The timing of such proposed Hearing dates was further amended following submissions from counsel for the City and Kaneff to November of 2023.
6The Appellant’s Counsel indicated that documents setting out the proposed settlement in principle would be circulated to the Parties the week of June 26, 2023 in furtherance of efforts to negotiate a full settlement amongst all of the parties. The City’s Counsel emphasized that there are still a number of issues which require consideration and input by City staff with respect to negotiation of a potential full settlement. Further, Kaneff and CVRA will require time to consider the proposed settlement, including any refinements or revisions which may arise as a result of the City’s consideration. It may be that further negotiations are required amongst some or all of the parties in this regard.
7In view of the foregoing, while the Tribunal will schedule Hearing dates at this time that are premised on a partial or full settlement of the Appeals, it is also appropriate to schedule a second CMC in order to obtain an update on the status of the settlement discussions and, if appropriate, release some of the Hearing dates if a full settlement has been achieved, or, if necessary, to consider a draft Procedural Order if there are outstanding unresolved issues of the Appeals and revisit the hearing dates and Hearing length estimate.
ORDER
8The Tribunal orders as follows:
9Kaneff Properties Limited and Credit Valley Residents Association are granted Party status in the subject proceedings.
10Satinder Malhotra, John Brennen, Nash Jeevraj, Sachin Kankran, Cheryl Roy and Francis Roy (jointly) are granted Participant status in the subject proceedings.
11A second CMC is scheduled to take place on Friday August 11, 2023 at 10 a.m. by video, in order to consider matters including an update on the status of settlement negotiations and any appropriate considerations arising from such status.
12A Hearing is scheduled to take place commencing Wednesday, November 15, 2023 at 10 a.m. by video and is scheduled to continue for three days.
[13] The CMC and Hearing are scheduled to proceed by video as follows: Friday, August 11, 2023, starting at 10 a.m. GoTo Meeting: https://global.gotomeeting.com/join/442599157 Access code: 442-599-157 Audio-only telephone line: +1 (647) 497-9391 or (Toll-Free) 1-888-455-1389 Audio-only access code: 442-599-157
Wednesday, November 15, 2023 – Friday, November 17, 2023, starting at 10 a.m. GoTo Meeting: https://meet.goto.com/680885805 Access code: 680-885-805 Audio-only line: +1 (647) 497-9373 or (Toll Free) 1-888-299-1889 Audio-only access code: 680-885-805
14Parties and participants are asked to log in to the video hearing at least 15 minutes before the start of the event to test their video and audio connections.
15Parties 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
16Persons who experience technical difficulties accessing the GoToMeeting application, or who only wish to listen to the event, can connect to the event by calling in to the audio-only telephone line.
17Individuals 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 by 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.
18The Tribunal so orders and provides these CMC directives for the purposes of the case management of the Appeals.
19The Member is not seized in this matter but will remain available for continued case management to the extent that the Tribunal calendar permits.
20No further notice is required nor will be given.
“D. Arnold”
D. ARNOLD MEMBER
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.