23 Railroad Inc + et al v. Brampton (City), 2024 CanLII 102784

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE:

October 16, 2024

CASE NO(S).:

OLT-24-000688

PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellants:

23 Railroad Inc +, 2707193 Ontario Inc., Bovaird West Holdings, and others.

Subject:

Proposed Official Plan Amendment

Description:

To permit the adoption of the New Official Plan of the City of Brampton

Reference Number:

N/A

Property Address:

Lands within the City of Brampton

Municipality:

Brampton

OLT Case No.:

OLT-24-000688

OLT Lead Case No.:

OLT-24-000688

OLT Case Name:

23 Railroad Inc + et al v. Brampton (City)

Heard:

October 1, 2024, by video hearing

APPEARANCES:

Parties

Counsel

City of Brampton

Bruce Engell Matthew Rea

See Attachment 1 for the list of all appearances

MEMORANDUM OF ORAL DECISION DELIVERED BY KURTIS SMITH ON October 1, 2024 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This was the first Case Management Conference (“CMC”) pertaining to 16 appeals filed against the newly adopted 2023 City of Bampton Official Plan (“New OP”).

2The New OP is intended to implement section 16 of the Planning Act and set out a strategic and comprehensive approach to guiding growth and development throughout the City of Brampton (“City”). Additionally, the New OP incorporates Major Transit Station Area polices which are before the Tribunal as Case No. OLT-23-000609 (“MTSA Case”).

3An Affidavit of Notice of the CMC was issued by Stephanie Jurrius on September 5, 2024. Hearing no concerns from the Parties that there were any issues with the Notice being served, the Tribunal accepted and marked the Affidavit as Exhibit 1.

STAUS REQUEST

4The Tribunal received five (5) Party status requests: (1) 69 Bramalea Holdings Limited (“Bramalea”) and (2) 16 Lisa Street Ltd. (“Lisa”) which both have active appeals in the MTSA Case; (3) Mayer Investments Limited (“Mayer”), who has a current development application underway; (4) Canadian National Railway Company (“CN”) that owns and operates a number of rail lines located throughout the Greater Toronto Area, including railway lines running through the City; and (5) Toronto and Region Conservation Authority (“TRCA”), which is a public body and is required to review and comment on Planning Act applications with respect to consistency with natural hazard policy.

5Hearing no objections to the requests, the Tribunal granted Party status to the above mentioned as each of them have a direct interest and will assist the Tribunal in adjudicating this case.

NEXT STEPS

6The topic of consolidation, or having this matter and the MTSA Case heard together was discussed. Given that notice was not provided to the Parties of the MTSA Case of this CMC, the Tribunal directed that consideration of the two cases being heard together or consolidated may be determined at the next CMC, which will be held jointly with the MTSA Case, and that notice must be provided for the MTSA Case.

7Counsel for the City proposed that Modification Letters be sent from each appellant to the City on a without prejudice basis, to be compiled in the “Policy Wording Modification Chart” and dispersed to the Parties. The Policy Wording Modification Chart will provide clear direction as to the wording adjustments and/or deletions the appellants are seeking.

8The Tribunal directed the appellants to provide the City with their Modification Letters on or before Friday, November 29, 2024 to be compiled and distributed by the City to the Parties on or before Friday, December 6, 2024.

9At the request of the Parties, the Tribunal scheduled a subsequent CMC to be held jointly with the MTSA Case on Monday, March 17, 2025, at 10 a.m. by video hearing.

10Parties are asked to log into the event at least 15 minutes before it begins to test their video and audio connections:

https://global.gotomeeting.com/join/709076365

Access code: 709-076-365

11Parties 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 GoTo Meeting or a web application is available: https://app.gotomeeting.com/home.html

12Individuals who experience technical difficulties accessing the GoTo Meeting 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) 497-9373. The Access Code is: 709-076-365.

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 event 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.

ORDER

14THE TRIBUNAL ORDERS the following:

a. Party status is granted to 69 Bramalea Holdings Limited, 16 Lisa Street Ltd., Mayer Investments Limited, Canadian National Railway Company, and the Toronto and Region Conservation Authority;

b. Modification Letters are to be provided to the City by each appellant on or before Friday, November 29, 2024, and then compiled and dispersed by the City to the Parties on or before Friday, December 6, 2024.

c. A subsequent Case Management Conference will be held concurrently with Case No. OLT-23-000609 on Monday, March 17, 2025, as outlined above.

d. Notice of the subsequent Case Management Conference will be provided for OLT-23-000609.

e. No further notice will be provided for OLT-24-000688.

15The Member is not sized but may be contacted through the Case Coordinator should procedural issues arise.

“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.

ATTACHMENT 1

Party

Counsel

1. Brampton Mill Nelson

• David Bronskill

2. Candeco Realty

• Leo Longo

3. County Court Centre

• Mark Flowers

4. Loblaw Companies Ltd.

• Eileen P. K. Costello (in absentia)
• David Neligan

5. Tribute (Railroad Street) Limited

• Signe Leisk (in absentia)
• Matthew Lakatos-Hayward

6. Mac Mor Canada

• Maggie Bassani (in absentia)
• John Pappas

7. Hillside TO Properties

• Alexander J. Suriano (in absentia)
• Naomi Mares

8. Claireville Holdings

• Mary Flynn-Guglietti
• Marc Kemmerer

9. Starbank Developments

• Ira Kagan
• Doug Pateman

10. Bovaird West Holdings

• Patrick Duffy (in absentia)
• Jonathan Cheng

11. Centennial Mall Brampton

• David Bronskill

12. 2707193 Ontario Inc.

• Anne Benedetti

13. Northwest Brampton Landowners

• Scott Snider
• Shelley Kaufman

14. Home Depot of Canada

• David Tang (in absentia)
• Jesse White

15. Ebrahim Investments +

• Stephen D’Agostino

16. Peel Region

• Rachel Godley

17. City of Brampton

• Bruce Engell
• Rea, Matthew

18. TRCA

• Tim Duncan

19. Canadian National Railway Company

• Katarzyna Sliwa

20. 16 Lisa St. Ltd .

• John Alati
• Grace O’Brien (in absentia)

21. 69 Bramalea Holdings Ltd

• Johanna Shapira

22. Mayer Investments Limited

• Austin Ray
• Aaron Platt