Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: October 16, 2023

CASE NO(S).: OLT-23-000295

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Applicant/Appellant: Rotary Club of Brampton Glen Community Centre

Subject: Request to amend the Official Plan – Refusal of Request

Description: To permit the development of two multi storey residential apartment buildings with a height of twelve and fourteen storeys

Reference Number: OZS-2021-0018

Property Address: 1857 Queen Street West

Municipality/UT: City of Brampton

OLT Case No: OLT-23-000295

OLT Lead Case No: OLT-23-000295

OLT Case Name: Rotary Club of Brampton Glen Community Centre v. Brampton (City)

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant/Appellant: Rotary Club of Brampton Glen Community Centre

Subject: Application to amend the Zoning By-law – Refusal of application

Description: To permit the development of two multi storey residential apartment buildings with a height of twelve and fourteen storeys

Reference Number: OZS-2021-0018

Property Address: 1857 Queen Street West

Municipality: City of Brampton

OLT Case No.: OLT-23-000296

OLT Lead Case No.: OLT-23-000295

BEFORE:

C.I. MOLINARI, MEMBER Monday, the 16th day of October, 2023

THIS MATTER having come before the Tribunal for a Case Management Conference, and the Tribunal in its Decision issued August 21, 2023, having directed the Parties to submit a final Procedural Order and Issues List on consent to the Case Coordinator on or before September 5, 2023;

AND the Parties having submitted such final Procedural Order and Issues List on consent in accordance with the Tribunal’s previous direction;

AND the Tribunal having received a Party status request from Credit Valley Residents Association (“CVRA”) after the issuance of the Decision, and such status request lacking content sufficient to allow the Member to assess the merits of the request;

AND the Tribunal conferring Participant status to CVRA in lieu of Party status and amending the Procedural Order in this respect;

THE TRIBUNAL ORDERS that the amended Procedural Order attached to this Order as Schedule “A” shall be issued and shall be in force and effect for the purposes of governing the procedures leading up to and including the hearing, which is scheduled to commence on Monday, April 22, 2024, at 10 a.m. for 7 days to proceed by video as follows:

Go To Meeting: https://meet.goto.com/278736685

Access Code: 278-736-685

Audio-only telephone line: +1 (647) 497-9391 or (Toll-Free) 1-888-455-1389

Audio-only access code: 278-736-685

“Euken Lui”

EUKEN LUI ACTING REGISTRAR

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.

SCHEDHULE “A”

1. The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties’ request or its own motion.

Organization of the Hearing

2. The video hearing will begin on April 22, 2024 at 10:00 a.m.

3. The length of the hearing is seven (7) days. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.

4. The parties and participants identified at the case management conference are set out in Attachment 1 (see the sample procedural order for the meaning of these terms).

5. The issues are set out in the Issues List attached as Attachment 2. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.

6. The order of evidence shall be as set out in Attachment 3 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.

7. Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.

8. Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website.

Requirements Before the Hearing

9. A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of the witnesses and the order in which they will be called. This list must be delivered on or before February 13, 2024 and in accordance with paragraph 23 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.

10. Expert witnesses in the same field shall have a meeting on or before February 20, 2024 and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before March 1, 2024.

11. An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 13 below. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.

12. Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s evidence as in paragraph 13 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 13 below.

13. On or before March 8, 2023, the parties shall provide copies of their [witness and] expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 22 below.

14. On or before March 8, 2024, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 22 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

15. On or before March 18, 2023, the parties shall provide copies of any reply [witness and] expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 23 below.

16. On or before March 18, 2024 the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

17. On or before April 4, 2024, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 23 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

18. Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence within ten (10) days after the evidence is received and in accordance with paragraph 23 below.

19. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before April 12, 2024.

20. A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.

21. A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.

22. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before April 15, 2023 with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.

23. All filings shall be submitted electronically and in hard copy. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7.

24. If the applicant intends to seek approval of a revised proposal at the hearing, the applicant shall provide copies of the revised proposal, including all revised plans, drawings, proposed instruments, updated supporting documents and reports, to the other parties December 14, 2023. The applicant acknowledges that any revisions to the proposal after that date without the consent of the parties may be grounds for the Tribunal to adjourn the hearing.

25. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.

This Member is [not] seized.

So orders the Tribunal.

BEFORE:

Name of Member:

Date:

TRIBUNAL REGISTRAR

SUMMARY OF DATES

DATE	EVENT
December 14, 2023	Last date to provide copies of revised proposal, including all revised plans and drawings (if any)
February 13, 2024	Exchange of witness lists (names, disciplines and order to be called)
February 20, 2024	Experts Meeting
March 8, 2024	Exchange of Witness Statements, summoned witness outlines, Expert Reports and Participant Statements
March 18, 2024	Parties to confirm with the Tribunal if all the reserved hearing dates are still required
March 18, 2024	Exchange of Reply Witness Statements (if any)
April 4, 2024	Exchange of visual evidence (if any)
March 1, 2024	Agreed Statement of Facts
April 12, 2024	Preparation of Joint Document Book
April 15, 2024	Hearing Plan filed with the Tribunal
April 22, 2024	Hearing commences

ATTCHMENT 1

PARTIES/PARTICIPANTS

Parties

1. Rotary Club of Brampton Glen Community Centre. David Bronskill/Rodney Gill (416) 597-4299/(416) 597-4136 dbronskill@goodmans.ca/rgill@goodmans.ca

2. City of Brampton Eugenia Bashura/Steven Ross (905) 874-2682/(905) 874-3345 Eugenia.bashura@brampton.ca / steven.ross@brampton.ca

3. 1951 Queen Street West Inc. Mary L. Flynn-Guglietti (416) 865-7256 mary.flynn@mcmillan.ca

Participants

1. Andrin Erinville Limited Neil Davis (905) 451-6714 X226 Neil.Davis@DavisWebb.com

2. Credit Valley Residents Association Jasbir Singh (647) 284-3021 jasbirsinghspore@gmail.com creditvalleyresidents@gmail.com

ATTACHMENT 2 ISSUES LIST

City of Brampton

1. Do the proposed Official Plan and Zoning By-law Amendments (“Applications”) have regard to the matters of provincial interest outlined in section 2(h)(j)(p)(r) of the Planning Act?

2. Are the Applications consistent with the Provincial Policy Statement, 2020, including but not limited to policies 1.1.1(a)(b)(d), 1.1.3.1, 1.1.3.2(a)(b), 1.1.3.3, 1.1.3.4, and 1.1.3.6?

3. Do the Applications conform with A Place to Grow: the Growth Plan for the Greater Golden Horseshoe, August 2020 consolidation, including but not limited to policies 2.2.1.2(a)(b)(c)(d), 2.2.1.4, and 2.2.2?

4. Do the Applications conform with the Region of Peel Official Plan, Office consolidation 2018, including but not limited to policies 5.3.1.3, 5.3.2.2, 5.3.2.3, and 5.5.2.2?

5. Do the Applications conform with the City of Brampton Official Plan, 2006, September 2020 consolidation, including but not limited to policies 3.1, 3.2.1.1, 3.2.8.1, 3.2.8.3, 3.2.8.4, 3.2.8.5, 3.2.8.6, 4.2.1.1, 4.2.1.2, 4.2.1.3, 4.2.1.4, 4.2.2, 4.2.6.15, 4.2.7.1, 4.11.3.1, 4.11.3.1.1, 4.11.3.1.2, 4.11.3.1.3 and, 4.11.3.2?

6. Do the Applications conform with the Credit Valley Secondary Plan (Area 45) policies, including but not limited to policies 4.1, 4.2.3, 4.2.4, 5.2.1, 5.2.4.1, 5.2.4.2, 5.2.4.3, 5.2.4.4, 5.2.4.5, 5.2.5, 5.2.6, 6.2.1, 6.2.2, and 6.2.4?

7. Is it appropriate to change the legend on Schedule 45(a) to the Credit Valley Secondary Plan (Area 45) by adding the proposed ‘High Density Residential’ designation?

   • Is it appropriate to change the land use designation for these lands on Schedule 45(a) to the Credit Valley Secondary Plan (Area 45) from ‘Low Density 1’ to ‘High Density Residential’?

8. Are the proposed amendments to policies 6.2.2 and 6.2.3 of the Credit Valley Secondary Plan (Area 45) appropriate?

9. Is the proposed addition of a new subsection titled ‘High Density Residential’ to Section 5.2 (Residential) in the Credit Valley Secondary Plan (Area 45) appropriate?

10. Queen Street West Tertiary plan:

    • Are the proposed amendments to the Queen Street West Tertiary Plan appropriate?
    • Is it appropriate to have alternative uses (apartment units or senior units/residential care homes) in the designation?
    • Is the proposed development consistent with the other developments within the Queen Street West Tertiary plan?

11. Is it appropriate to rezone these lands from ‘Highway Commercial Two-Special Section 349 (HC2-349)’ to ‘Residential Apartment A (Holding) 3641 (R4A (H)-3641)’, ‘Open Space 3642 (OS-3642)’ and ‘Floodplain (F)’ as proposed?

    • If ‘no’, then what should be the appropriate zoning?

12. Is it appropriate to include a Holding (H) provision in the Zoning By-law Amendment to limit development until transit improvements are in place?

    • If ‘yes’, then what is the appropriate wording for the Holding (H) provision?

13. Is the proposed built form (specifically the proposed height, density, massing, setbacks, stepbacks, sitting, design of the buildings) appropriate?

    • If no, then what is the appropriate built form (specifically the proposed height, density, massing, setbacks, stepbacks, sitting, design of the buildings)?

14. Is the built form of the proposed development compatible with the surrounding neighbourhoods?

    • If no, then what should be the appropriate built form of this development?

15. Will the proposed development create undue negative impact on the surrounding community?

16. Does the proposal constitute good planning and is it in the public interest?

17. Have all appropriate studies to support the proposal been completed and updated to the Ontario Land Tribunal’s satisfaction?

    • If not, is it appropriate to approve the Applications?

ATTACHMENT 3 ORDER OF EVIDENCE

1. Rotary Club of Brampton Glen Community Centre
2. City of Brampton
3. 1951 Queen Street West Inc.
4. Rotary Club of Brampton Glen Community Centre in reply (if any)

Attachment to Sample Procedural Order

Meaning of terms used in the Procedural Order:

A party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other parties, and making submissions on all of the evidence. An unincorporated group cannot be a party and it must appoint one person to speak for it, and that person must accept the other responsibilities of a party as set out in the Order. Parties do not have to be represented by a lawyer and may have an agent speak for them. The agent must have written authorisation from the party.

NOTE that a person who wishes to become a party before or at the hearing, and who did not request this at the case management conference (CMC), must ask the Tribunal to permit this.

A participant is an individual or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a party may do so). Section 17 of the Ontario Land Tribunal Act states that a person who is not a party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A participant may also be asked questions by the parties should the Tribunal direct a participant to attend a hearing to answer questions on the content of their written submission.

A participant must be identified and be accorded participant status by the Tribunal at the CMC. A participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A participant cannot ask for costs, or review of a decision, as a participant does not have the rights of a party to make such requests of the Tribunal.

Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party or participant intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.

Visual evidence includes photographs, maps, videos, models, and overlays which a party or participant intends to present as evidence at the hearing.

A witness statement is a short written outline of the person’s background, experience and interest in the matter; a list of the issues which he or she will discuss ; and a list of reports or materials that the witness will rely on at the hearing.

An expert witness statement should include his or her (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness’ opinions on those issues and the complete reasons supporting their opinions and conclusions and (5) a list of reports or materials that the witness will rely on at the hearing. An expert witness statement must be accompanied by an acknowledgement of expert’s duty.

A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a statement of the participant’s position on the appeal; a list of the issues which the participant wishes to address and the submissions of the participant on those issues; and a list of reports or materials, if any, which the participant wishes to refer to in their statement.

Additional Information

A summons may compel the appearance of a person before the Tribunal who has not agreed to appear as a witness. A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons through a request. (See Rule 13 on the summons procedure.) The request should indicate how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the information provided in the request that the evidence is relevant, necessary or admissible, the party requesting the summons may provide a further request with more detail or bring a motion in accordance with the Rules.

The order of examination of witnesses is usually direct examination, cross-examination and re-examination in the following way:

• direct examination by the party presenting the witness;
• direct examination by any party of similar interest, in the manner determined by the Tribunal;
• cross-examination by parties of opposite interest;
• re-examination by the party presenting the witness; or
• another order of examination mutually agreed among the parties or directed by the Tribunal.

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