Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 06, 2023
CASE NO(S).: OLT-21-001068
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Farhi Holdings Corporation
Subject: Proposed Official Plan Amendment No. OZ-9275 - OPA 732
Description: To establish an Environmentally Significant Area
Reference Number: OPA 732 (C.P.-1284(vw)-136)
Property Address: 2005 Kilally
Municipality/UT: London/Middlesex
OLT Case No.: OLT-21-001068
OLT Lead Case No.: OLT-21-001068
OLT Case Name: Farhi Holdings Corporation v. London(City)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Farhi Holdings Corporation
Subject: By-law No. Z.-1-212925
Description: To establish an Environmentally Significant Area
Reference Number: Z.-1-212925
Property Address: 2005 Kilally Road
Municipality/UT: London/Middlesex
OLT Case No.: OLT-21-001069
OLT Lead Case No.: OLT-21-001068
Heard: September 1, 2023 by Video Hearing (“VH”)
APPEARANCES:
| Parties | Counsel |
|---|---|
| Farhi Holdings Corporation (“Appellant”) | Paula Lombardi |
| City of London (“City”) | Aynsley Hovius Christine McCreery |
MEMORANDUM OF ORAL DECISION DELIVERED BY K.R. ANDREWS ON SEPTEMBER 1, 2023 AND FINAL ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) respecting an appeal by Farhi Holdings Corporation.
2The Appellant appeals the passing of Official Plan Amendment No. 732 (“OPA 732”) and By-law No. Z.-1-212925, the purpose and effect of both are to establish the Environmentally Significant Area boundary for the lands located at 1918-2304 and 2005-2331 Kilally Road, and identify unevaluated wetlands and vegetation patches as identified in the Kilally South, East Basin Environmental Impact Study prepared by North-South Environmental Inc.
Service of Notice of CMC
3There is no issue with service of the Notice of this CMC, and so no further notice is required. The Tribunal is in receipt of the Affidavit of Service, which is marked as Exhibit 1.
Requests for Status
4No one attended the CMC seeking either Party or Participant status.
SECOND CMC
5The Parties jointly request a second CMC for the following reasons.
6Counsel advised the Tribunal that OPA 732 purports to amend the City’s old 1989 Official Plan (“1989 OP”). Meanwhile, the City’s 2016 Official Plan (“2016 OP”) is in effect to replace the 1989 OP, subject to various administrative processes associated with various appeals. Counsel further confirmed that, at the present time, the purpose and effect of OPA 732 is not reflected in the 2016 OP.
7As a result, the City is working on passing a new OPA to amend the 2016 OP in order to provide the same purpose and effect as OPA 732. This new OPA is expected to pass on Tuesday, September 26, 2023, at which time the Appellant is expected to appeal it because it will again purport to establish the contentious Environmentally Significant Area boundary for the lands located at 1918-2304 and 2005-2331 Kilally Road. For practical purposes, the Appellant will also probably abandon its appeal of the old OPA 732 which applies to the 1989 OP.
8As a result of all of this, a new appeal period will be established for the new OPA and, once the matter is before the Tribunal, the parties expect to request that the new appeal be consolidated with the present matter. This, of course, cannot happen until the new OPA is passed and then appealed.
9The parties therefore jointly request a second CMC which can also serve as the first CMC of the future appeal, and may also be used to hear a motion to consolidate the various appeals.
10Upon request of the parties, the Tribunal therefore set a second CMC hearing commencing on Tuesday, December 5, 2023 at 10 a.m. by VH. No further Notice is required.
11Parties 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/927921077
Access code: 927-921-077
12Parties 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
13Persons 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 as indicated above.
14Individuals 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.
MEDIATION AND SETTLEMENT
15The Tribunal explored the possibility of mediation and settlement with the parties. The parties both expressed openness to resolution discussions and expect this to occur before the second CMC.
PROCEDURAL ORDER AND ISSUES LIST
16The parties both submitted that it is premature to establish a Procedural Order and Issues List, given the upcoming anticipated new appeal and consolidation. They also pointed out that, given that a new appeal period will be established, it is possible that the Tribunal will receive new party and/or participant requests which may impact on determining an Issues List.
17The Tribunal agrees but expects the parties to file a draft Procedural Order in advance of the next CMC.
ORDER
18The Tribunal Orders that:
a. The date and particulars of the second CMC are set out above; and
b. The parties will file a draft Procedural Order in advance of the next CMC.
19The Member is not seized.
“K.R. Andrews”
K.R. ANDREWS 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.