Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

CORRECTION NOTICE

OLT CASE NO(S).: OLT-23-000243

DECISION ISSUE DATE(S): March 06, 2024

CORRECTION NOTICE ISSUE DATE: March 21, 2024

RE: 154775 Canada Inc., et al. v. Ottawa (City)

Correction to: The TOP (on page 2) should reflect the correct spelling of the name of counsel for Ms. Denise Ménard as “Stéphane Émard-Chabot” instead of “Stefan Emard-Chabot”

Originally:

Corrected to:

(On page 2) Stefan Emard-Charbot (In paragraph 3) Mr. Emard-Charbot

(On page 2) Stéphane Émard Chabot (In paragraph 3) Mr. Émard-Chabot

“Euken Lui” EUKEN LUI REGISTRAR 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.

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: March 06, 2024

CASE NO(S).: OLT-23-000243

PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: 154775 Canada Inc.

Appellant: 3930149 Canada Inc.

Appellant: 11034936 Canada Inc.

Appellant: Forum Asset Management

Appellant: Loblaw Companies Limited

Appellant: Sisters of Charity

Appellant: Zena Investment Corporation

Subject: Proposed Official Plan Amendment No. 2023-48

Description: To amend Official Plan for the City of Ottawa to add the Orleans Corridor Secondary Plan

Reference Number: D01-01-22-0008

Municipality: City of Ottawa

OLT Case No.: OLT-23-000243

OLT Lead Case No.: OLT-23-000243

OLT Case Name: 154775 Canada Inc., et al. v. Ottawa (City)

Heard: February 27, 2024, by Video Hearing

APPEARANCES:

Parties Counsel

154775 Canada Inc. Max Reedijk Roberto Aburto (in absentia)

11034936 Canada Inc. Sisters of Charity of Ottawa Michael Polowin Jacob Polowin

Forum Asset Management Johanna Shapira

Loblaw Companies Limited Laura Robinson Emma Blanchard (in absentia)

Zena Investments Corporation Myers Youville Development Corp. Greg Meeds

City of Ottawa Garett Schromm

SDLP 1887 Orleans Ltd. Michael Polowin Jacob Polowin

Proposed Participants Denise Ménard Roger Trudel Stefan Emard-Charbot

MEMORANDUM OF ORAL DECISION DELIVERED BY D. CHIPMAN ON FEBRUARY 27, 2024, AND ORDER OF THE TRIBUNAL

INTRODUCTION

1The Tribunal convened a third Case Management Conference (“CMC”) in respect of appeals filed by 1544775 Canada Inc., 3930149 Canada Inc., 11034936 Canada Inc., Sisters of Charity of Ottawa, Forum Asset Management, Loblaw Companies Limited, Zena Investments Corporation, and Myers Youville Development Corp., SDLP 1887 Orleans Ltd. (collectively the “Appellants”) pursuant to s. 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended against the adoption by the City of Ottawa (“City”) of Official Plan Amendment No. 3 (Orleans Corridor Secondary Plan) (“OPA 3”).

NOTICE OF MOTION

2The Tribunal received a Notice of Motion for:

a) An Order adding Denise Ménard, the owner of 8899 Jeanne d’Arc Boulevard, as a Party to these proceedings; and

b) An Order allowing Denise Ménard to continue the appeal filed by 3930149 Canada Inc. (“393”) on the basis of the Notice of Appeal filed on behalf of 393 by its counsel on March 17, 2023.

3Mr. Emard-Charbot, counsel to Ms. Denise Ménard, explained that prior to the passing of OPA 3, Ms. Ménard had entered into a conditional Agreement of Purchase and Sale (“APS”) with 3930149 Canada Inc. (“393”), in which they were to act as an agent in the appeal process. 393 had actively participated in these proceedings until January 30, 2024, when 393 requested that the conditional APS be cancelled, ending the legal relationship with Ms. Ménard.

4Ms. Ménard contacted the Tribunal to advise of this development and to seek information about substituting her counsel for 393 in these proceedings. Ms. Ménard’s counsel was advised on February 01, 2024, that Roberto Aburto had withdrawn as counsel for 393 on January 11, 2024, and that 393 was withdrawing its appeal. Ms. Ménard had not been made aware of these actions by 393.

5The Tribunal canvassed the Appellants and the City to understand whether there were any objections to having Ms. Ménard proceed as the Appellant in the appeal relating to 8899 Jeanne d’Arc Boulevard in Ottawa.

6Having heard no objections, the Tribunal granted the Motion, stating that the record should now reflect the removal of 393 as the Appellant and replace 393 with Denise Ménard as the Appellant on the record moving forward.

CONFIRMATION OF STATUS

7After the first CMC, twenty-one Participant status requests were filed with the Tribunal. The City advised at the second CMC that it had not received a copy of all submissions. The Case Coordinator subsequently sent all requests to the City and Appellants for discussion at this CMC.

8Mr. Trudel asked to address the Tribunal. He indicated that he represents an “association” of landowners that make up the Presault Sector also know as Plan 86 Properties. He wished to speak on behalf of the “association”. The Tribunal questioned Mr. Trudel as to whether his association was incorporated. He confirmed that the group is unincorporated. The Tribunal notes that it is not essential for a group to be legally incorporated to be granted Participant status, as it might be for a group seeking Party status. With Participant status, the entity’s only obligation is to provide written submissions in a timely manner.

9The City indicated that it still had reservations on granting Participant status as the requests did not raise relevant issues for these Appeals. No other objections were raised.

10The Tribunal informed the Parties that although the Participant statements were general and not site-specific, each represented the public’s interest in the overall effect of the passing of OPA 3.

11The Tribunal granted Participant status to those set out in the Order below.

NEXT STEPS

12The City indicated that the Parties have been very proactive in discussions in an effort to resolve or reduce the issues in dispute. In an effort to keep the discussions focused and to promote a timeline to ensure this matter moves forward, the Parties requested a further CMC be scheduled for June 2024.

13The Parties were directed to advise the Case Coordinator as soon as possible should a settlement result in any or all of the appeals. The Parties are to submit a draft Procedural Order and Issues List, on consent, no later than Wednesday, June 11, 2024, for discussion at the next CMC should discussions fail to resolve the outstanding issues.

14A further CMC has been scheduled for Tuesday, June 25, 2024, commencing at 10 a.m. by video hearing for the above noted purposes.

15Parties 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/519389173

Access code: 519-389-173

16Persons 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.

17Parties 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

18Individuals 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.

19The Tribunal inquired as to whether there were any other matters to be addressed that might assist in the fair, just, and expeditious resolution of this matter. The Parties indicated that there were none.

ORDER

20THE TRIBUNAL ORDERS that a further CMC commence as noted above.

21THE TRIBUNAL ORDERS that the Motion is granted to add Denise Ménard, the owner of 8899 Jeanne d’Arc Boulevard, to replace 3930149 Canada Inc. as the Party to the appeal filed by 3930149 Canada Inc. (“393”) based on the Notice of Appeal, filed on behalf of 393 by its counsel on March 17, 2023.

22THE TRIBUNAL ORDERS that Participant status is conferred to the following individuals:

1. Dorothea (Théa) Besseling
2. Daniel Raymond
3. Nicole Chartrand
4. Monique Fuller
5. Luc Lacroix
6. Chris Lacroix
7. Mireille Lamarche
8. Gabrielle Miron
9. René Patrice
10. Roch Dupéré
11. Mark Moran
12. Sylvain Lalonde
13. Patrick Lavigne
14. Michel & Laurent Paquette
15. Robert Serge
16. Shawn Gordon
17. Paulette Fauteux
18. Jean-Luc Vincent
19. Suzanne & Roger Trudel
20. Fernand Raymond
21. Richard Guay

23This Member is not seized but will continue to manage this file.

24This 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.