Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 3, 2023
CASE NO(S).: OLT-23-000606
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant: 1334281 Ontario Limited
Appellant: Brock Zents Developments 2680 Inc. and Brock Zents Developments 2660-2670 Inc.
Appellant: Building Industry and Land Development Association
Appellant: Old Orchard Kingston Road GP Inc.
Subject: Proposed Official Plan Amendment No. 46
Description: To permit the amendments to the OPA for the City of Pickering to change existing policies for complete application requirements, pre-consultation, and peer review in addition to adding new policies for pre-submission review
Reference Number: OPA 22-0003/P
Property Address: City-Wide
Municipality: City of Pickering
OLT Case No: OLT-23-000606
OLT Lead Case No: OLT-23-000606
OLT Case Name: 1334281 Ontario Limited v. Pickering (City)
Heard: September 12, 2023 by Video Hearing (“VH”)
APPEARANCES:
| Parties | Counsel |
|---|---|
| 1334281 Ontario Limited | Leo Longo |
| Brock Zents Development 2660-2670 Inc. and Brock Zents Developments 2680 Inc. | Justine Reyes Christopher Tanzola (in absentia) |
| Building Industry and Land Development Association | Signe Leisk |
| Old Orchard Kingston Road GP Inc. | Max Laskin |
| City of Pickering (“City”) | Quinto Annibale |
MEMORANDUM OF ORAL DECISION DELIVERED BY J. INNIS AND D. CHIPMAN ON september 12, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) respecting an appeal by 1334281 Ontario Limited, Brock Zents Development 2660-2670 Inc., Brock Zents Development 2680 Inc., the Building Industry and Land Development Association, and Old Orchard Kingston Road GP Inc. The Appeal arises following the adoption of the City’s Official Plan Amendment (“OPA”) No. 46,
Service of Notice of CMC
2There is no issue with the service of the Notice of this CMC. The Tribunal is in receipt of the Affidavit of Service, which is marked as Exhibit 1.
Requests for Status
3On September 6, 2023, David Bronskill of Goodmans LLP for the PTC Ownership LP (The Pickering Town Centre, 1355 Kingston Road, Pickering) provided written notice to the Tribunal seeking party status. As Mr. Bronskill was in absentia, Max Laskin attended the CMC, on his behalf seeking Party Status. The PTC Ownership LP is responsible for the Pickering Town Centre and the phased redevelopment of that site. They did provide a written submission to the City during the processing of OPA 46. On consent of the Parties, the Tribunal granted Party Status (Sheltering) to PTC Ownership LP.
4No one else attended the CMC seeking either Party or Participant Status.
MEDIATION AND SETTLEMENT
5The Tribunal explored the possibility of Mediation and Settlement with the Parties. Preliminary discussions have occurred amongst the Parties and they have both expressed an openness to resolution discussions and/or Tribunal-led Mediation. They further 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
6The 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 allow time for the Parties to have discussions.
7The 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
8Upon request of the Parties, the Tribunal set a second CMC Hearing commencing on Wednesday, December 6, 2023, at 10 a.m. by VH. No further Notice is required.
9Parties and Participants are asked to log into the VH at least 15 minutes before the start of the event to test their video and audio connections:
https://global.gotomeeting.com/join/442599157
Access code: 442-599-157
10Parties 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
11Persons 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 the same as mentioned above.
12Individuals 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 VH 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
13The Tribunal Orders that:
A second CMC will commence on, Wednesday December 6, 2023, as set out above;
The draft Procedural Order is to be submitted prior to the second Case Management Conference if it is not otherwise settled at that time; and,
The PTC Ownership LP is granted Party Status.
14The Panel Members are not seized
15No further notice is required.
“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.