Ontario Land Tribunal / Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 13, 2023
CASE NO(S).: OLT-23-000029
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: Building Industry and Land Development Association
Appellant: Burlington Healthcare Centre Inc. and Carriage Gate Inc
Subject: Proposed Official Plan Amendment
Description: Updated policies in response to Bill 109 for pre-consultation processes and complete planning application submissions
Reference Number: OPA 130
Property Address: City Wide
Municipality/UT: Burlington/Halton
OLT Case No: OLT-23-000029
OLT Lead Case No: OLT-23-000029
OLT Case Name: Building Industry and Land Development Association v. Burlington (City)
Heard: September 6th, 2023 by Video Hearing (“VH”)
APPEARANCES:
Parties
Counsel
Building Industry and Land Development Association (“Appellant”)
Adrianna Pilkington*
Burlington Healthcare Centre Inc and Carriage Gate Inc.
Shelly Kaufman
City of Burlington (“City”)
Andrea Peebles
MEMORANDUM OF ORAL DECISION DELIVERED BY J. Innis and K.R. ANDREWS ON September 6, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) respecting appeals by the Building Industry and Land Development Association and Burlington Healthcare Centre Inc, and Carriage Gate Inc. The appeals arise following the adoption of the City’s Official Plan Amendment No. 130, which purports to implement Planning Act changes related to Bill 109.
Service of Notice of CMC
2There is no issue with service of the Notice of this CMC, and no further notice is required. The Tribunal is in receipt of the Affidavit of Service, which is marked as Exhibit 1.
Requests for Status
3The Tribunal received no request for Party or Participant Status, and no one attended the CMC seeking either Party or Participant Status.
MEDIATION AND SETTLEMENT
4The Tribunal explored the possibility of mediation and settlement with the Parties. The Parties indicated that resolution efforts are ongoing. They further confirmed that they will keep the Tribunal apprised of any developments with their resolution efforts and will provide a full update at the next CMC.
PROCEDURAL ORDER AND ISSUES LIST
5The Parties confirmed that they do not have a draft Procedural Order (“PO”) ready for the Tribunal’s consideration at this time. They explained that they have been working through resolution efforts and are still determining how they propose a Merit hearing should proceed (if no settlement is reached). As a result, they submit that it is premature to prepare and present a draft PO.
6Counsel for the Parties further submitted that the Tribunal may wish to consider allowing the Parties to amend the standard format of the Tribunal’s PO template to reflect the fact that this case may be mainly or entirely based on legal arguments. For example, Counsel indicated that the Parties may wish to propose that evidence be submitted by way of an Agreed Statement of Facts, through Affidavits, or a combination thereof, and the Tribunal may wish to consider proceeding without necessitating the calling of any witnesses to provide oral testimony. This, of course, would impact the need to include meetings of experts, preparation, and exchanges of witness statements, etc., as part of a PO.
7The Tribunal considered these submissions and finds that it may be prudent to allow the Parties to amend the standard form of a draft PO to reflect the potentially unconventional approach to the Merit hearing. However, noting that the present Tribunal Members recognize that some flexibility may be appropriate with regards to a draft PO in the present case, the Tribunal nevertheless confirms that it will ultimately be up to the presiding member of the next CMC to decide whether a modified version of a draft PO is acceptable. Such a decision will depend on how the Parties eventually propose the Merit hearing should proceed and the actual draft PO that is proposed by them at the next CMC. The Tribunal further notes that the Parties may consider still using the Tribunal’s standard PO template and simply write-in “n/a” to those sections that do not apply to a case where no oral evidence is proposed to be called.
8The Tribunal made it clear to the Parties that they are expected to file a draft PO in advance of the next CMC unless the matter is settled.
SECOND CMC AND HEARING
9Upon request of the Parties, the Tribunal set a second CMC hearing commencing on Wednesday January 10, 2024, at 10 a.m. by VH. No further Notice is required.
10Parties 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.
GoToMeeting: https://global.gotomeeting.com/join/709076365
Access Code: 709-076-365
11Upon request of the Parties, the Tribunal set a Two (2)-day Merit hearing commencing on Thursday May 09 2024, at 10 a.m. by VH. No further Notice is required for the hearing.
12Parties 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.
GoToMeeting: https://global.gotomeeting.com/join/660145013
Access Code: 660-145-013
13Parties 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
14Persons 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.
15Individuals 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.
ORDER
16The Tribunal Orders that:
The date and particulars of the hearing are set out above;
The draft Procedural Order and draft Issues List are to be submitted prior to the second CMC if it is not otherwise settled at that time.
17The Members are not seized but may be spoken to through the Case Coordinator if any Issues arise.
“J. Innis”
J. INNIS
MEMBER
“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.