Ontario Land Tribunal
Tribunal ontarien de l’aménagement
ISSUE DATE: February 16, 2024
CASE NO(S).: OLT-23-001093
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant: Mary Di Biase
Subject: Zoning By-law
Description: To accommodate the development of the subject properties with a permanent office use and associated storage for truck and trailer parking
Reference Number: City File CI23.001
Property Address: 5556, 5600, and 5620 Countryside Drive
Municipality/UT: Brampton/Peel
OLT Case No: OLT-23-001093
OLT Lead Case No: OLT-23-001093
OLT Case Name: Di Biase v. Brampton (City)
Heard: February 13, 2024, by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Mary Di Biase | Jennifer Evola, Melissa Winch (in absentia) |
| City of Brampton | Bruce Engell |
| Darzi Holdings Inc. | Meaghan McDermid |
MEMORANDUM OF ORAL DECISION DELIVERED BY D. CHIPMAN, FEBRUARY 13, 2024, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The matter before the Tribunal is an appeal filed pursuant to s. 34(11) of the Planning Act (“Act”) by Mary Di Biase (”Appellant”) against the City of Brampton (“City”) on its passing of Zoning By-law 156-2023.
2By-law 156-2023 is a City-initiated Zoning By-law Amendment ("ZBA") that applies to the properties municipally known as 5556, 5600, and 5620 Countryside Drive ("subject properties"). The Appellant currently resides in the residential dwelling located at 5620 Countryside Drive.
3On September 29, 2023, Brampton City Council approved the ZBA to facilitate a permanent office and outdoor storage for truck and trailer parking on the subject properties. The ZBA re-zones the subject properties with a site-specific "lndustrial One (M1)" zone, "lndustrial One (H) - Section 3719 (M1(H) - 3719)," for the lands to be developed for industrial uses. The ZBA also imposes a Holding (H) Symbol ("Holding Provision").
4Having received an Affidavit of Service dated December 10, 2023, signed by Peter Fay, acknowledging that proper Notice had been served, the Tribunal marked the Affidavit as Exhibit #1.
PARTY STATUS REQUEST
5Darzi Holding Inc., the owner of 5556 Countryside Drive, one of the three properties affected by the passing of the ZBA, requested Party Status.
6Having heard no objections from either the Appellant or the City, the Tribunal conferred Party Status to Darzi Holdings Inc.
PARTICIPANT STATUS REQUEST
7There were no Participant Status requests received by the Tribunal.
MEDIATION
8The Parties indicated their willingness to obtain Tribunal-led mediation as a possible means to resolve the issues outstanding. The Tribunal encourages Parties to seek mediation in an effort to, if not resolve all issues, at least cull the number of issues that will be brought forward to a full hearing. The Parties are directed to contact the Case Coordinator for more information on available dates.
NEXT STEPS
9The Parties requested that a second CMC be set following mediation to finalize the Procedural Order and Issues List and obtain a hearing date. The Parties agreed that the summer of 2024 would be appropriate.
10The Parties are directed to submit to the Case Coordinator, (10) ten days in advance of the next CMC, either a written status update on the outcome of the advancing mediation discussions or a draft PO and IL to ensure the Tribunal is prepared to move this matter forward.
11The hearing is scheduled to proceed by video hearing on Monday, August 12, 2024, at 10 a.m.
12Parties are asked to log in to the video hearing at least 15 minutes before the start of the event to test their video and audio connections:
https://global.gotomeeting.com/join/638422541
Access code: 638-422-541
13Parties 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
14Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling in to an audio-only telephone line: (Toll-Free) 1-888-299-1889 or +1 (647) 497-9373. The Access Code is indicated above.
15Individuals 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 Video Hearing 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.
16The Tribunal inquired as to whether there were any other matters to be addressed which might assist in the fair, just and expeditious resolution of this matter. The Parties indicated that there were none.
ORDER
17THE TRIBUNAL ORDERS that:
A second Case Management Conference commence on Monday August 12, 2024, at 10 a.m. by video hearing.
Party Status is granted to the Darzi Holdings Inc.
18This Member is not seized but will continue to manage this file.
19This Member remains available through the Case Coordinator should the need arise.
“D. Chipman”
D. CHIPMAN
MEMBER
Ontario Land Tribunal
Website: 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.