Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 21, 2024
CASE NO(S).: OLT-22-002286 (Formerly PL170100)
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant: 1390226 Ontario Inc.
Appellant: 1610341 Ontario Inc.
Appellant: 1705823 Ontario Ltd. (c/o York Developments)
Appellant: 1739626 Ontario Ltd. (c/o York Developments); and others
Subject: The London Plan
Municipality: City of London
OLT Case No.: OLT-22-002286
Legacy Case No.: PL170100
OLT Lead Case No: OLT-22-002286
Legacy Lead Case No.: PL170100
OLT Case Name: Lansink v. London (City)
Heard: February 16, 2024 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| City of London | C. McCreery, A. Hovius (in absentia) |
| Auburn Developments Inc. and York Developments | J. Cheng, P. Duffy (in absentia) |
| Sari Belzycki | L. English |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. TOUSAW ON FEBRUARY 16, 2024 AND ORDER OF THE TRIBUNAL
1This further Case Management Conference (“CMC”) addressed the remaining five appeals to the City of London’s (“City”) 2016 Official Plan, known as the “London Plan.”
2The City’s numbers assigned to each appeal are used herein.
3Except for these five remaining site-specific appeals, the London Plan is otherwise in full force and effect, as Ordered previously by the Tribunal.
4These appeals arise from two Appellants:
Auburn Developments Inc. – Appeal 1; and
York Developments – Appeals 15, 36, 37 and 41.
5The Tribunal granted the Parties’ request to adjourn Appeals 1, 36, 37 and 41 to the next CMC, scheduled below, to enable further discussions among the Parties on site-specific Official Plan and/or Zoning By-law applications (“OPA”/“ZBA”) that are in process and may resolve the appeals.
6The Tribunal granted the Parties’ request to adjourn, sine die, Appeal 15, as appeals have been filed on an OPA and ZBA for the subject site. The Tribunal granted the Parties’ request to enable Appeal 15 to be consolidated with the recently filed OPA and ZBA appeals, should such consolidation be considered at the CMC for those recent appeals. Mr. Cheng will request the Case Coordinator assigned to the recent appeals to include this OLT Case No. (OLT-22-002286 Appeal 15) on any Notice of CMC for the recent appeals.
7The Parties are aware that Tribunal-led mediation is available should facilitated discussions be helpful in reducing issues or achieving a settlement.
8Should settlements be reached well in advance of the next CMC, the Parties may request a written hearing. If the Parties wish settlements to be heard at the next CMC, the settlement document(s) and supportive affidavit(s) should be provided to all Parties and the Tribunal one week before the CMC.
9The Parties requested a further CMC in mid-2024 to enable sufficient time for the matters outlined above. Updates and settlements, if reached, will be addressed at the next CMC scheduled for Wednesday, August 28, 2024 at 10 a.m. by video hearing. No further notice will be given.
10Statutory Parties and anyone seeking Party or Participant status 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
11Parties 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
12Persons 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.
16Individuals 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 CMC hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing events may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
17The Tribunal Orders its directions as set out above.
19This Member is not seized but remains available through the Case Coordinator for case management purposes.
“S. Tousaw”
S. TOUSAW
VICE-CHAIR
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.