Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: October 16, 2023

CASE NO(S).: OLT-22-004676

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

Applicant/Appellant: Miss BJL. Corp

Subject: Official Plan Amendment

Description: To permit a 9 storey apartment building with non-residential uses at grade

Municipal Reference Number: OP 22-9 W11

Property Address: 21-51 Queen Street N

Municipality: Mississauga/Peel

OLT Lead Case No.: OLT-22-004676

OLT Case No.: OLT-22-004676

OLT Case Name: Miss BJL. Corp v. Mississauga (City)

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

Applicant/Appellant: Miss BJL. Corp

Subject: Zoning By-law Amendment

Description: To permit a 9 storey apartment building with non-residential uses at grade

Municipal Reference Number: OZ 22-9 W11

Property Address: 21-51 Queen Street N

Municipality: Mississauga/Peel

OLT Lead Case No.: OLT-22-004676

OLT Case No.: OLT-22-004677

OLT Case Name: Miss BJL. Corp v. Mississauga (City)

Heard: October 10, 2023, by video hearing

APPEARANCES:

Parties

Counsel

Miss BJL Corp.

Nancy Smith Jessica De Marinis (in absentia)

City of Mississauga

Lia Magi

Regional Municipality of Peel

Rachel Godley

MEMORANDUM OF ORAL DECISION DELIVERED BY ERIC S. CROWE ON OCTOBER 10, 2023, AND ORDER OF THE TRIBUNAL

1The Tribunal convened a second Case Management Conference (“CMC”) in respect of two appeals filed by Miss BJL Corp. (the “Appellant”) pursuant to s. 22(7) and s. 34(11) of the Planning Act as amended (“Act”), against the City of Mississauga (the “City”) for failure to make a decision on an application for an Official Plan Amendment (the “OPA”) and an application to Amend the Zoning By-law (the “ZBA”) within the timeframe prescribed by the Act.

2The OPA and ZBA affect the lands known municipally as 21 - 51 Queen Street North (the “Subject Property”). The OPA and ZBA will facilitate the redevelopment of the Subject Lands with a nine-storey mixed-use building proposing 390 residential units, 1,197 square metres of at grade retail space, 575 parking spaces, and 300 bicycle parking spaces.

3There were no further requests for Party or Participant status received by the Tribunal.

4Ms. Smith advised the Tribunal that the Parties have requested Tribunal-led mediation and are currently awaiting the assessment phase of this mediation process. Ms. Smith advised the Parties have been in discussion and are requesting to set a ten-day hearing.

5Ms. Magi advised she has received the report from City Council on this matter and has been in discussion with Ms. Smith and agrees with setting hearing dates. Ms. Godley, counsel for the Region, had no objections with setting hearing dates for this matter.

DRAFT PROCEDURAL ORDER AND ISSUES LIST

6The Tribunal canvassed the Parties regarding the time needed to draft a Procedural Order (“PO”) and Issues List (“IL”). Ms. Smith advised a PO and IL could be completed within a couple weeks. Therefore, the Tribunal directed that a draft PO and IL be provided to the Case Coordinator no later than Thursday, October 31, 2023. Counsel for the Applicant/Appellant will coordinate and provide the draft PO to the Tribunal by the appointed date.

HEARING

7The Tribunal could only accommodate a nine-day Hearing due to a holiday. Therefore, the Tribunal scheduled a nine-day hearing for Monday, March 18, 2024, commencing at 10:00 a.m. by video hearing.

8Parties 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.

9The CMC is scheduled to proceed by video as follows:

GoTo Meeting: https://meet.goto.com/370987861

Access Code: 370-987-861

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.

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

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 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

13THE TRIBUNAL ORDERS that a ten-day hearing will be held on Monday, March 18, 2024, at 10:00 a.m. as set out in the details above.

“Eric S. Crowe”

ERIC S. CROWE

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.