Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 9, 2024
CASE NO(S).: OLT-24-000723
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Bovaird West Holdings Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of the Subject Lands from the existing vacant land to high-density mixed-use development
Reference Number: OZS-2023-0039
Property Address: Part of Block 2 on Plan 43M-1927, being Parts 1, 2, 3, 4, 5, 8, and 11 on Plan 43R-40331
Municipality/UT: Brampton/Peel
OLT Case No.: OLT-24-000723
OLT Lead Case No.: OLT-24-000723
OLT Case Name: Bovaird West Holdings Inc. v. Brampton (City)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Bovaird West Holdings Inc.
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit the development of the Subject Lands from the existing vacant land to high-density mixed-use development
Reference Number: OZS-2023-0039
Property Address: Part of Block 2 on Plan 43M-1927, being Parts 1, 2, 3, 4, 5, 8, and 11 on Plan 43R-40331
Municipality/UT: Brampton/Peel
OLT Case No.: OLT-24-000724
OLT Lead Case No.: OLT-24-000723
OLT Case Name: Bovaird West Holdings Inc. v. Brampton (City)
Heard: October 2, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel/Representative*
Bovaird West Holdings Inc.
Jonathan Cheng Patrick Duffy (in absentia) Matthew Tse* (student-at-law)
City of Brampton
Eugenia Bashura Steven Ross (in absentia)
Menkes Creditview Inc.
Michael Cara Justine Reyes
Canadian National Railway Company
Jessica Jakubowski Katarzyna Sliwa (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY KURTIS SMITH ON OCTOBER 2, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference (“CMC”) pertaining to the Appeals filed by Bovaird West Holdings Inc. (“BWH”) due to the failure of the City of Brampton (“City”) to make a decision on BWH’s Zoning By-law Amendment (“ZBA”) and Draft Plan of Subdivision Application (“DPS”) (together “Applications”) within the statutory timeframe for the lands municipally known as Part of Block 2 on Plan 43M-1927, being Parts 1, 2, 3, 4, 5, 8, and 11 on Plan 43R-40331 (“Subject Lands”).
2The Applications sought will facilitate a mixed-use development on the Subject Lands, introducing seven towers with a maximum tower height of 47 storeys, together with integrated base building elements, across the four development blocks, with a total of 195,303 square metres (“m2”) in GFA, resulting in an FSI of 6.01, and an approximate total of 2,801 dwelling units. A total of 2,626 m2 of open space is proposed throughout the blocks, which will be provided in the form of privately-owned publicly accessible spaces (“POPS”).
3The Tribunal received and marked the Affidavit of Service of the Notice of the CMC, sworn by Stephanie Berman as Exhibit 1. There were no issues with the Notice of CMC, and as such, no further notice is required.
STATUS REQUEST
4Prior to the commencement of the CMC, the Tribunal received two Party status requests and no Participant Status requests.
5The Party status requests were received by Menkes Creditview Inc. (“Menkes”), who owns and is in the process of developing the lands immediately east of the Subject Lands and from Canadian National Railway Company (“CN”), which owns and operates a rail line that is located approximately 95 metres from the Subject Lands.
6Without objection from the Parties, the Tribunal granted Party Status to Menkes and CN as they both have a direct interest in the Appeals and can assist the Tribunal in adjudicating this matter.
NEXT STEPS
7The Tribunal was in receipt of the Draft Procedural Order (“DPO”), absent of the Issues List (“IL”). Mr. Cheng, Counsel for BWH communicated that they are awaiting CN’s issues and once received the DPO inclusive of the IL will be submitted to the Tribunal for review and approval by Friday, October 11, 2024.
8A hearing to consider the merit was therefore scheduled for (9) nine-days, commencing on Tuesday, May 20, 2025, at 10 a.m. and concluding on Friday, May 30, 2025.
9The Hearing on the Merits is scheduled to proceed as follows:
GoToMeeting: https://meet.goto.com/278736685
Access Code: 278-736-685
10Parties and Participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay, and log into the video hearing no later than 15 minutes before the start of the event to test their video and audio connections. 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 as indicated 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 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 Menkes Creditview Inc. and Canadian National Railway Company are hereby granted Party Status;
14AND FURTHER ORDERS THAT the draft Procedural Order and Issues List is to be submitted to the Tribunal on consent of the Party’s on or before Friday, October 11, 2024; and
15AND FURTHER ORDERS THAT a (9) nine-day hearing is scheduled as set out in paragraph 8 above.
16The Member is not seized but may assist should any assistance be required in executing this Order, and no further notice is required.
“Kurtis Smith”
Kurtis Smith
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.