Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 13, 2024
CASE NO(S).: OLT-22-004445
PROCEEDING COMMENCED UNDER section 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: Infinity Development Group
Subject: Official Plan Amendment
Description: To amend the Official Plan and Zoning By-law in order to permit an eleven-storey apartment building plus mechanical with penthouse
Reference Number: 505-03/22
Property Address: 1396 Guelph Line
Municipality/UT: Burlington/Halton
OLT Case No: OLT-22-004445
OLT Lead Case No: OLT-22-004445
OLT Case Name: Infinity Development Group v. Burlington (City)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Subject: Zoning By-law Amendment
Description: To amend the Official Plan and Zoning By-law in order to permit an eleven-storey apartment building plus mechanical with penthouse
Reference Number: 520-04/22
Property Address: 1396 Guelph Line
Municipality/UT: Burlington/Halton
OLT Case No: OLT-22-004446
OLT Lead Case No: OLT-22-004445
Heard: March 6, 2024 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| City of Burlington (“City”) | A. Peebles |
| Region of Halton (“Region”) | B. Maione, K. Yerxa (in absentia) |
| Infinity Development Group (“Applicant” / “Appellant”) | J. Meader, M. de Jong |
MEMORANDUM OF ORAL DECISION DELIVERED BY STEVEN T. MASTORAS ON MARCH 6, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The matter before the Tribunal is a third Case Management Conference (“CMC”) relating to an appeal by the Applicant under section 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, (“Act”) arising from the City’s failure to make a decision concerning this application to amend the City’s Official Plan (“OPA”) and the related appeal under section 34(11) of the Act seeking to amend the City’s Zoning By-law (“ZBA”). The Application is seeking to permit an eleven-storey apartment building plus mechanical penthouse with a proposed 236 residential units on the property municipally known as 1396 Guelph Line in the City (“Subject Property”).
2A Merit Hearing had previously been scheduled to commence in late 2023 as a result of the first CMC; however, Parties requested the hearing be converted to a second CMC, which was accommodated by the Tribunal. In the interim period, the Applicant’s Counsel advised the Tribunal that they were no longer retained on behalf of the Applicant effective January 5, 2024.
3Subsequently, the Tribunal determined that the proposed Hearing should be converted into this third CMC. The Tribunal was advised that new Counsel for the Applicant had been retained on March 5, 2024, which was confirmed along with the receipt of a draft Procedural Order (“PO”) which was submitted the day of the CMC.
4There were no other requests for Party or Participant Status.
5The Tribunal was also advised by the new Counsel for the Applicant that revised plans for the Subject Property are expected to be submitted to the City in the near future, and a Merit Hearing should be delayed until the fall of 2024 for a period of two weeks as agreed to by all Parties on consent.
6After careful consideration by the Tribunal around available dates and the respective schedules of all Parties and prospective witnesses, the Tribunal has confirmed a Hearing to commence on Monday, November 4, 2024, at 10 a.m. by Video Conference for a period of nine days (excluding Monday, November 11, 2024 - Remembrance Day).
7The Parties and Participants are asked to log into the video hearing at 15 minutes before the start of the event to test their video and audio connections:
https://meet.goto.com/278736685
Access code: 278-736-685
8Parties 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.
9Persons 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 1-888-455-1389 or +1 (647) 497-9391. The access code is indicated above.
10Individuals 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.
11The Tribunal directed that the Case Coordinator be fully updated regarding the revised proposal on or before May 1, 2024, by the Applicant, and that a final Procedural Order and Issues List shall be submitted to the Case Coordinator on or before July 31, 2024, allowing enough time for the City and Region to assess the proposed revisions. These directions were agreed to by all Parties.
12The Tribunal was encouraged that there were ongoing discussions relating to the matter between the Parties, and the level of cooperation among Counsel at the CMC. As a result, Parties were further encouraged to seek Tribunal-led mediation if mutually agreed to and requested on consent.
ORDER
13THE TRIBUNAL ORDERS that:
a) The directions noted above are confirmed;
b) There will be no further notice provided; and,
c) The Member is not seized on this matter but may be contacted through the assigned case coordinator to provide further direction if requested.
“Steven T. Mastoras”
STEVEN T. MASTORAS
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.