Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 12, 2023
CASE NO(S).: OLT-23-000406
PROCEEDING COMMENCED UNDER subsection 36(3) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: 2729740 Ontario Inc. (Camrost-Felcorp Inc.)
Subject: Application for the removal of the (H) Holding Symbol on Subject Lands
Description: To permit the development of four mixed-use towers with three towers connected via a five-storey podium
Reference Number: H-OZ 22-5 W7
Property Address: 3672 Kariya Drive and 134-152 Burnhamthorpe Road West
Municipality: City of Mississauga
OLT Case No.: OLT-23-000406
OLT Lead Case No.: OLT-23-000406
OLT Case Name: Camrost-Felcorp Inc. v. Mississauga (City)
Heard: September 29, 2023 by video hearing
APPEARANCES:
Parties Camrost-Felcorp Inc. ("Applicant")
Counsel Jamie Cole Michael Foderick (in absentia)
Parties City of Mississauga ("City")
Counsel Mark Joblin Quinto Annibale (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY JEAN-PIERRE BLAIS ON SEPTEMBER 29, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Applicant seeks to develop a site known municipally as 3672 Kariya Drive and 134-152 Burnhamthorpe Road West in the City to construct multiple mixed-use towers, including 2,648 residential units and approximately 3,456 square metres of commercial space. To this end, the Applicant has made a site-specific application to remove a holding symbol in Zoning By-law No. 0225-2007. The Appeal is brought pursuant to section 36(3) of the Planning Act, R.S.O. 1990, c. P. 13, due to the failure of the City to decide in the prescribed time.
2On September 29, 2023, the Tribunal held its first Case Management Conference (“CMC”) to organize the Appeal, address status requests and establish next steps in this proceeding.
3There were no issues raised with service of Notice of the CMC and as such, no further notice is required. The Tribunal was in receipt of the Affidavit of Service of Notice of the CMC affirmed on July 10, 2023, which was marked as Exhibit 1 to this CMC.
STATUS REQUEST
4No person sought Party or Participant Status. The Regional Municipality of Peel had indicated to the Tribunal in writing that it withdrew its request for Party Status.
OPPORTUNITIES FOR SETTLEMENT
5Counsel for the Parties advised that they are currently engaged in active settlement discussions.
NEXT STEPS
6Given the potential for settlement of all or some of the issues in this matter, the Parties agreed that it was reasonable to schedule a second CMC, which could potentially be converted into a settlement hearing. The Tribunal so directed.
7Counsel for the Applicant reserved the right to bring a Motion, returnable at the second CMC, based on the allegation that the City’s actions are ultra vires. The bringing of the Motion would be done following the Tribunal’s Rules of Practice and Procedure, particularly with respect to timely notice.
8The Parties are directed to advise the Tribunal of any settlement as soon as possible and, in any event, no later than Monday, November 27, 2023.
9The second CMC is scheduled to proceed by video hearing on Monday, December 4, 2023, at 10 a.m.
10Parties 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
11Parties 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
12Persons 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.
13Individuals 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
14THE TRIBUNAL ORDERS its directions as set out in this Decision.
15The Member 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.