Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 23, 2024
CASE NO(S).: OLT-23-001194
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Caivan (Richmond South) Limited
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: Draft Plan of Subdivision to create 554 units comprised of a mix of ground-oriented detached and townhouse dwellings
Reference Number: D07-16-20-0016 D07-16-21-0011
Property Address: 6305 Ottawa Street W
Municipality/UT: Ottawa/Ottawa
OLT Case No: OLT-23-001194
OLT Case Name: Caivan (Richmond South) Limited v. Ottawa (City)
Heard: February 22, 2024, by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Caivan (Richmond South) Limited (“Applicant”) | Brendan O’Callaghan |
| City of Ottawa (“City”) | Timothy Marc |
| Mattamy (Jock River) Limited | Robert Miller |
MEMORANDUM OF ORAL DECISION DELIVERED BY JEAN-PIERRE BLAIS ON FEBUARY 22, 2024 AND FINAL ORDER OF THE TRIBUNAL
INTRODUCTION
1The Applicant seeks to develop a site at 6305 Ottawa Street in the City (“Subject Property”) to construct 554 residential units, comprised of a mix of ground oriented detached and townhouse dwellings. To this end, the Applicant had filed a draft plan of subdivision. The appeal is brought pursuant to section 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, due to the City’s failure to decide within the prescribed timeframe.
2On February 22, 2024, the Tribunal held its first Case Management Conference (“CMC”) to organize the appeal, address status requests and establish next steps in this proceeding.
NOTICE
3There were no issues raised with service of Notice of the CMC and, as such, no further notice is required. The Tribunal was in receipt of the Affidavit of Service of Notice of the CMC sworn on January 25, 2024, which was marked as Exhibit 1 to this CMC.
STATUS REQUEST
4The Tribunal received a written request for Party Status from Mattamy (Jock River) Limited (“Mattamy”). Mattamy is the adjacent land developer and submitted that it had a direct interest in the appeal as the storm water management pond for its development is on the Applicant’s lands. At this stage, Mattamy wishes to monitor the appeal.
5The Applicant and the City consented to adding Mattamy as a Party. The Tribunal directed that Mattamy be added as a Party.
6No other person sought Party or Participant status.
OPPORTUNITIES FOR SETTLEMENT
7Counsel for the Parties advised that there is a potential to resolve some or all of the issues.
8The Parties are directed to advise the Tribunal, as soon as possible, of any settlement and are encouraged to narrow the issues following the meeting of experts.
NEXT STEPS
9A draft Procedural Order was provided to the Tribunal prior to the CMC. Counsel for the Parties indicated that they have a consensus on the Procedural Order, including the Issues List. Counsel for the Applicant undertook to file a finalized draft Procedural Order within a week of the CMC. The Tribunal directed the Parties to work cooperatively to finalize the draft Procedural Order, which is to be filed with the Tribunal no later than Friday, March 1, 2024.
10The Parties indicated that a nine-day merit hearing would be required, given the number of issues as well as the potential of evidence from ten expert witnesses. Accordingly, the Tribunal directed that a nine-day Merit Hearing commence at 10 a.m. on Tuesday, October 1, 2024, by video hearing. In the event of a narrowing of issues, the Tribunal directed that the Parties indicate to the Tribunal that hearing dates may be released at least 35 days before the start of the Hearing.
11Parties 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.
GoTo Meeting: https://global.gotomeeting.com/join/687587165
Access code: 687-587-165
12Parties 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.
13Individuals 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 687-587-165.
14Individuals 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
15THE TRIBUNAL ORDERS its directions in this Decision.
“Jean-Pierre Blais”
JEAN-PIERRE BLAIS
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.