Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 04, 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/UT: 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 28, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel
VIA Rail Canada Inc.
Jonathan Nehmetallah
Daniel Angelucci
City of Ottawa
Garett Schromm
Timothy Marc (in absentia)
Colonnade Management Inc.
Emma Blanchard
o/a Colonnade Bridgeport
Laura Robinson (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY ASTRID J. CLOS ON october 28, 2024 AND ORDER OF THE TRIBUNAL
1This was the third 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.
FOURTH CMC
4Jonathan Nehmetallah, counsel for VIA Rail, advised that the Parties have been in discussion to scope the issues. Mr. Nehmetallah explained that the collection of noise data related to the operation of the railway has been completed by VIA Rail to further the resolution of this matter. He undertook, on behalf of his client, to deliver the noise data to Colonnade Management Inc. o/a Colonnade Bridgeport (“Applicant”) and the City by November 1, 2024.
5Emma Blanchard, counsel for the Applicant, confirmed that a draft Procedural Order (“DPO”) was provided to the Tribunal without the Issues List (“IL”). Ms. Blanchard explained that a lot of work has been undertaken by the Parties to resolve certain issues, with noise and vibration being a remaining unresolved issue. She explained that the noise data to be provided by VIA Rail will assist in characterizing the remaining issue. The Parties jointly requested that a fourth CMC be scheduled. The Tribunal canvassed the availability of counsel and accordingly scheduled a fourth CMC to commence on Friday, December 6, 2024 at 10 a.m., by Video Hearing. The Parties advised that they are continuing discussions to scope the issues, however, if the IL remains in dispute, the Parties have undertaken to provide written submissions to the Case Coordinator outlining their positions no later than Monday, December 2, 2024. The purpose of the fourth CMC will be to finalize the DPO and IL.
MERIT HEARING
6The Parties jointly requested that the Tribunal schedule a five-day Merit Hearing (“MH”). The Tribunal canvassed the availability of the Parties and accordingly scheduled a five-day MH to commence at 10 a.m. on Monday, March 24, 2025, continuing to Friday, March 28, 2025, by Video Hearing. The Parties were directed to advise the Case Coordinator if any scheduled hearing days are not required as soon as it is known. Hearing days are a scarce public resource which must be judiciously assigned.
7The hearings are scheduled to proceed by video as follows:
Friday, December 6, 2024 at 10 a.m. (one-day CMC)
GoTo Meeting: https://global.gotomeeting.com/join/709076365
Access code: 709-076-365
Audio-only telephone line: +1 (647) 497-9373 or (toll free) 1-888-299-1889
Audio-only access code: 709-076-365
Monday, March 24, 2025 at 10 a.m. (five-day MH)
GoTo Meeting: https://global.gotomeeting.com/join/927921077
Access code: 927-921-077
Audio-only line: +1 (647) 497-9391 or (toll free) 1-888-299-1889
Audio-only access code: 927-921-077
8Parties are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections.
9Parties 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
10Persons 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.
11Individuals 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.
ORDER
12The Tribunal orders THAT:
a. A fourth Case Management Conference is scheduled to commence at 10 a.m. on Friday, December 6, 2024, by Video Hearing.
b. A five-day Merit Hearing is scheduled to commence at 10 a.m. on Monday, March 24, 2025, continuing to Friday March 28, 2025, 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.