Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 12, 2023
CASE NO(S).: OLT-21-001738
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Emshih Developments Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit a large scale, neighbourhood commercial development
Property Address: 700 & 800 Burloak Drive
Municipality/UT: Burlington/Halton
Municipality File No.: 505-06/04
OLT Case No.: OLT-21-001738
OLT Lead Case No.: OLT-21-001738
OLT Case Name: Emshih Developments Inc. v. Burlington (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Emshih Developments Inc.
Subject: Application to amend Zoning By-law - Refusal or neglect to make a decision
Description: To permit a large scale, neighbourhood commercial development
Property Address: 700 & 800 Burloak Drive
Municipality/UT: Burlington/Halton
Municipality File No.: 520-11/04
OLT Case No.: OLT-21-001739
OLT Lead Case No.: OLT-21-001738
Heard: October 10, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel
Emshih Developments Inc. (“Applicant”)
Jessica De Marinis Nancy Smith (in absentia)
City of Burlington (“City”)
Blake Hurley
Regional Municipality of Halton
Kelly Yerxa
MEMORANDUM OF ORAL DECISION DELIVERED BY JEAN-PIERRE BLAIS ON OCTOBER 10, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Applicant owns the property located at 700 and 800 Burloak Drive in the City and submitted applications to amend the City’s Official Plan and Zoning By-law to permit commercial development on both sites. The Appeals are brought pursuant to sections 22(7) and 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended, due to the failure of the City to make a decision in the prescribed time.
2On October 10, 2023, the Tribunal held its fifth Case Management Conference (“CMC”) to organize the appeals and establish next steps in this proceeding.
OPPORTUNITIES FOR SETTLEMENT
3Counsel for the Parties advised that there continues to be a prospect for issues to be resolved through settlement discussions. Settlement discussions could not, however, culminate in time for this CMC.
NEXT STEPS
4A Procedural Order, including an Issues List, was approved by the Tribunal following the fourth CMC.
5Moreover, at the fourth CMC, the Tribunal had ordered that, if a settlement had not been reached, a five-day merit hearing would commence on Monday, February 26, 2024 to Friday, March 1, 2024.
6At this fifth CMC, the Tribunal directed the Parties to inform the Tribunal as soon as possible if a total or partial settlement had been reached, and preferably more than 30 days prior to the Merit Hearing to enable the Tribunal to reassign Hearing days to other matters before the Tribunal.
ORDER
7The Tribunal orders its direction as set out in this Decision.
8The Member is not seized but will remain available for Case Management, subject to the Tribunal’s calendar.
“Jean-Pierre Blais”
JEAN-PIERRE BLAIS 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.