Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 16, 2024
CASE NO(S).: OLT-24-000482
PROCEEDING COMMENCED UNDER subsection 51(48) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Via Rail Canada Inc.
Subject: Proposed Change of Conditions of approval of draft plan of subdivision
Description: To facilitate the development of 6 development blocks
Reference Number: D07-16-20-0020
Property Address: 25 Pickering Place
Municipality: City of Ottawa
OLT Case No.: OLT-24-000482
OLT Lead Case No.: OLT-24-000482
OLT Case Name: Via Rail Canada Inc. v. Ottawa (City)
Heard: October 7, 2024 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| VIA Rail Canada Inc. | Jonathan Nehmetallah Daniel Angelucci (in absentia) |
| City of Ottawa | Garett Schromm Timothy Marc (in absentia) |
| Colonnade Management Inc. o/a Colonnade Bridgeport | Emma Blanchard Laura Robinson (in absentia) |
MEMORANDUM OF ORAL DECISION DELIVERED BY ASTRID J. CLOS ON OCTOBER 7, 2024 AND ORDER OF THE TRIBUNAL
1This was the second Case Management Conference (“CMC”) convened by the Tribunal for an appeal pursuant to s. 51(48) of the Planning Act related to changed conditions of draft plan of subdivision (“DPS”) for a property municipally addressed as 25 Pickering Place (“Subject Property”) located in the City of Ottawa (“City”).
2The City approved the DPS for the Subject Property with conditions on September 19, 2022. On April 5, 2024 Via Rail Canada Inc. (“VIA Rail”) received notice of the City’s approved revisions to the conditions of the DPS for the Subject Property. VIA Rail subsequently appealed this decision to the Tribunal.
3VIA Rail is the owner of a property municipally addressed as 200 Tremblay Road which is located immediately adjacent to the Subject Property. VIA Rail submits that the revised conditions of DPS for the Subject Property reword, and in some cases eliminate, conditions included in the original approval that required consideration of the VIA RAIL Station’s present and future operations. VIA Rail submits that instead, the revised conditions are ineffective and pay no regard to the unique aspect of the VIA Rail Station and its importance for municipal, provincial, and federal policies and objectives with respect to transit access and connectivity.
THIRD CMC
4Jonathan Nehmetallah, Counsel for Via Rail, advised that the Parties have been in discussion to potentially settle the matter. Mr. Nehmetallah explained that more time is required to complete this process. The Parties were reminded that Tribunal-led mediation is available at their convenience by contacting the Case Coordinator.
5The Parties jointly requested that a third CMC be scheduled. The Tribunal canvassed the availability of Counsel and accordingly scheduled a third CMC to commence on Monday, October 28, 2024 at 10 a.m. by Video Hearing. The Parties advised that they are continuing discussions to either scope the issues or settle the matter. The purpose of the third CMC will be to approve the Procedural Order with scoped issues, request conversion to a Settlement Hearing, and/or schedule a Merit Hearing as determined by the presiding Member.
6The third CMC is scheduled to proceed by video on Monday, October 28, 2024 at 10 a.m.
7Parties and/or Participants and/or Observers are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/765631861
Access code: 765-631-861
8Parties and/or 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 GoTo Meeting or a web application is available: https://app.gotomeeting.com/home.html
9Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to it by calling in to an audio-only telephone line: +1 (647) 497-9391 or (Toll Free) 1-888-455-1389. The access code is as indicated above.
10Individuals 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 at the correct time. Questions prior to the event may be directed to the Tribunal’s Case Coordinator.
DRAFT PROCEDURAL ORDER AND ISSUES LIST (“DPO”)
11The Parties were directed to file the draft Procedural Order with the Case Coordinator no later than Wednesday, October 23, 2024.
ORDER
12The Tribunal orders THAT
a. The Draft Procedural Order and Issues List be filed by the Parties with the Case Coordinator no later than Wednesday, October 23, 2024,
b. A third Case Management Conference is scheduled to commence on Monday, October 28, 2024 at 10 a.m. by Video Hearing.
13This Member is not seized.
14No further notice will be provided.
“Astrid J. Clos”
ASTRID J. CLOS
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.