CORRECTION NOTICE
OLT CASE NO(S).: OLT-23-000040
DECISION ISSUE DATE(S): September 20, 2023
CORRECTION NOTICE ISSUE DATE: September 25, 2023
RE: Building Industry and Land Development Association v. Brampton (City)
Correction to: The audio-only telephone numbers
Originally:
Corrected to:
(Toll-Free) 1-888-455-1389 or +1 (647) 497-9391
(Toll Free) 1-888-299-1889 or +1 (647) 497- 9373
“Euken Lui”
EUKEN LUI REGISTRAR
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.
ISSUE DATE:
September 20, 2023
CASE NO(S).:
OLT-23-000040
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
Subject:
Proposed Official Plan Amendment
Description:
Updating policies in response to Bill 109 for pre-consultation process and determining completeness for planning applications
Reference Number:
OP2006-232
Property Address:
City Wide
Municipality/UT:
Brampton/Peel
OLT Case No:
OLT-23-000040
OLT Lead Case No:
OLT-23-000040
OLT Case Name:
Building Industry and Land Development Association v. Brampton (City)
Heard:
September 18, 2023, by Video Hearing (“VH”)
APPEARANCES:
Parties
Counsel
Building Industry and Land Development Association (“Applicant/Appellant”)
Signe Leisk
City of Brampton (“City”)
Bruce Engell
MEMORANDUM OF ORAL DECISION DELIVERED BY J. INNIS AND D. CHIPMAN ON SEPTEMBER 18, 2023, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) respecting an appeal by the Building Industry and Land Development Association. The appeal arises following the adoption of the City’s Official Plan Amendment No. 232, which purports to implement Planning Act changes related to Bill 109.
SERVICE OF NOTICE OF CMC
2The Tribunal is in receipt of the Affidavit of Service of the Notice of this CMC executed by Peter Fay, which is marked as Exhibit 1.
REQUESTS FOR STATUS
3No 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. They confirmed that they will keep the Tribunal apprised of any developments with their resolution efforts, which the Tribunal finds satisfactory.
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. The purpose of today was to set a date for a second CMC, and to allow time for the parties to have discussions and identify issues.
6The Parties have agreed to provide the draft PO and Issues List to the Tribunal by December 15, 2023, along with the number of witnesses expected to provide evidence, as well as an estimate on the days required for a hearing of the merits. Should the Parties reach a Settlement before December 15, 2023, they are directed to advise the Tribunal by December 15, 2023, that the second CMC will be converted to a Settlement hearing and provide the necessary documents prior to the second CMC.
SECOND CMC
[7] A second CMC hearing will commence on Thursday, January 11, 2024, at 10 a.m. by VH. No further Notice is required.
8Parties are asked to log into the VH 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
[9] Parties 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
10Persons 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) 1-888-455-1389 or +1 (647) 497-9391. The access code is as indicated above.
[11] Individuals 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
[12] The Tribunal Orders that:
A second CMC hearing will commence on Thursday, January 11, 2024, at 10 a.m. as set out above;
The draft Procedural Order including an Issues List is to be provided to the Tribunal no later than December 15, 2023, should a Settlement not be reached.
The Parties are directed to notify the Tribunal by December 15, 2023, if the Parties wish to convert the second CMC to a Settlement Hearing.
13The Members are not seized but may be spoken to through the Case Coordinator if any issues arise.
“J. Innis”
J. INNIS MEMBER
“D. Chipman”
D. CHIPMAN 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.