ISSUE DATE: September 1, 2023 CASE NO.: OLT-23-000139
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Dunpar Developments Inc.
Subject: By-law No. 0008-2023
Description: To amend the City of Mississauga Zoning By-law
Reference Number: BL.09-CIT, Zoning By-law 0008-2023
Property Address: City Wide
Municipality: 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)
- The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties’ request or its own motion.
Organization of the Hearing
The video hearing will begin on January 8, 2024 at 10 a.m.
The length of the hearing is 5 days. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.
The parties and participants are set out in Attachment 1.
The issues are set out in the Issues List attached as Attachment 2. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.
The order of evidence shall be as set out in Attachment 3 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.
Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.
Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website.
Requirements Before the Hearing
A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of the witnesses and the order in which they will be called. This list must be delivered on or before October 27, 2023 and in accordance with paragraph 22 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.
Expert witnesses in the same field shall have a meeting on or before November 10, 2023 and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before November 17, 2023
An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 13 below. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.
Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s evidence as in paragraph 13 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 13 below.
On or before November 24, 2023 the parties shall provide copies of their witness and/or expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 22 below.
On or before November 24, 2023, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 22 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.
On or before December 1, 2023 the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
On or before November 24, 2023, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 22 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.
Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence within ten (10) days after the evidence is received and in accordance with paragraph 22 below.
The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before December 20, 2023.
A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.
A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.
The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before December 20, 2023 with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.
All filings shall be submitted electronically and in hard copy. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7.
No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.
A summary of the various filing dates is contained in Attachment 4.
This Member is not seized.
So orders the Tribunal.
BEFORE:
Name of Member: Jatinder Bhullar
Date: September 1, 2023
TRIBUNAL REGISTRAR
ATTACHMENT 1
PARTIES AND PARTICIPANTS
PARTIES
Dunpar Developments Inc. (Appellant)
City of Mississauga
Fountain Hill Construction and Consulting Ltd. (Non-Appellant Party)
PARTICIPANTS
None identified.
ATTACHMENT 2
ISSUES LIST
Issues
Did the approval of Sections 1, 5, 7, and 11 - 13 of the Zoning By-law No. 0008-2023 (the “ZBA”) have appropriate regard for the matters of Provincial interest set out in Section 2 of the Planning Act and in particular subsections 2(h), (j), (q) and (r)?
Did the approval of Sections 1, 5, 7, and 11-13 of the ZBA have appropriate regard to available information and material, as required by Section 2.1 of the Planning Act?
Are Sections 1, 5, 7 and 11 - 13 of the ZBA consistent with the Provincial Policy Statement, 2020 and in particular: Preamble, Sections 1.1.1; 1.1.3; 1.4.3; 1.5.1; 1.6.7; 1.7.1; 1.8.1?
Do Sections 1, 5, 7 and 11 - 13 of the ZBA conform with the Growth Plan for the Greater Golden Horseshoe, 2020, and in particular: Sections 2.2.1; 2.2.6; 3.2.1; 3.2.2; 3.2.3; 4.2.9; 4.2.10; 5.2.5?
Do Sections 1, 5, 7 and 11 -13 of the ZBA conform with the Region of Peel’s Official Plan, and in particular: Policies 5.4.1, 5.4.7, 5.4.11, 5.4.18.10, and 5.4.18.11?
Do Sections 1, 5, 7 and 11 - 13 of the ZBA conform with and implement the City of Mississauga’s Official Plan, and in particular: Policies 7.2, 9.2.1, 9.2.2, 9.3, and 9.5?
Do Sections 1, 5, 7, and 11 - 13 of the ZBA propose unnecessarily restrictive performance standards?
Do Sections 1, 5, 7 and 11 - 13 of the ZBA represent good planning?
ATTACHMENT 3
ORDER OF EVIDENCE
City of Mississauga
Dunpar Developments Inc.
Fountain Hill Construction and Consulting Ltd.
City of Mississauga (Reply)
Attachment 4
Summary of Filing Dates
Event
Date
Parties to exchange Witness Lists
October 27, 2023
Deadline for Experts’ Meeting
November 10, 2023
Parties to submit Agreed Statement of Facts and Issues
November 17, 2023
Parties to exchange Witness and Expert Witness Statements and Visual Evidence
Participants to provide Participant Statements
November 24, 2023
Parties to notify Tribunal whether the reserved hearing dates are still required
December 1, 2023
Parties to exchange Reply Witness Statements
December 4, 2023
Parties to file Joint Document Book
Parties to file Hearing Plan
December 20, 2023
Hearing Commence
January 8, 2024