Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 16, 2024
CASE NO(S).: OLT-23-000606
PROCEEDING COMMENCED UNDER section 17(24) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant: 1334281 Ontario Limited
Appellant: Brock Zents Developments 2680 Inc. and Brock Zents Developments 2660-2670 Inc.
Appellant: Building Industry & Land Development Association
Appellant: Old Orchard Kingston Road GP Inc.
Subject: Proposed Official Plan Amendment No. 46
Description: To permit the amendments to the OPA for the City of Pickering to change existing policies for complete application requirements, pre-consultation, and peer review in addition to adding new policies for pre-submission review
Reference Number: OPA 22-0003/P
Property Address: City-Wide
Municipality: City of Pickering
OLT Case No: OLT-23-000606
OLT Lead Case No: OLT-23-000606
OLT Case Name: 1334281 Ontario Limited v. Pickering (City)
Heard: February 9, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel
1334281 Ontario Limited (Appellant)
Leo Longo (in absentia)
Brock Zents Developments 2660-2670 Inc. and Brock Zents Developments 2680 Inc.
Rowan Barron (articling student) Justine Reyes (in absentia) Christopher Tanzola (in absentia)
Building Industry and Land Development Association
Adrianna Pilkington
Old Orchard Kingston Road GP Inc.
Max Laskin
City of Pickering
Quinto Annibale J. Mark Joblin
PTC Ownership LP
Max Laskin David Bronskill (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY J. INNIS AND D. CHIPMAN ON FEBRUARY 9, 2024, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the second Case Management Conference (“CMC”) respecting an appeal by 1334281 Ontario Limited, Brock Zents Developments 2660-2670 Inc., Brock Zents Developments 2680 Inc., the Building Industry and Land Development Association, Old Orchard Kingston Road GP Inc., and PTC Ownership LP. The Appeal arises following the adoption of the City of Pickering’s Official Plan Amendment (“OPA”) No. 46, which implements the Planning Act changes related to Bill 109.
2The Tribunal granted the request received on consent by the Parties to adjourn the second CMC scheduled for December 6, 2023, and set aside one day for this matter on February 9, 2024.
PROCEDURAL ORDER AND ISSUES LIST
3The Tribunal received and reviewed a draft Procedural Order (“PO”) and Issues List (“IL”) submitted by the Parties, on consent. The Tribunal requested that Parties amend the draft PO and IL to adjust the dates to include the merit hearing and to add PTC Ownership LP as a Party to the proceedings. Upon receipt of the amended PO, the Tribunal will review and, if acceptable, deem the PO to govern the hearing proceedings.
4The Parties have agreed to file all witness statements by affidavit in advance and do not intend to call oral evidence during the two-day hearing of the merits unless the Tribunal deems it necessary. Further, the Parties intend to use the time permitted to bring forward legal arguments based on the prefilling.
HEARING
5Upon request of the Parties, the Tribunal set a two-day hearing commencing on Tuesday, January 28, 2025, at 10 a.m. by video hearing. No further Notice is required for the hearing.
6Parties and Participants are asked to log into 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/687587165
Access code: 687-587-165
7Parties and 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 GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html
8Persons 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) 1-888-299-1889 or +1 (647) 497-9373. The access code is as indicated above.
9Individuals 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
10The Tribunal Orders that:
- The date and particulars of the hearing are set out above;
11The Members are not seized but may be spoken to through the Case Coordinator if any issues arise.
“J. Innis”
J. INNIS
MEMBER
“D. Chipman”
D. CHIPMAN
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.