Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 20, 2024
CASE NO(S).: OLT-23-000462 OLT-23-001087
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: 2014707 Ontario Inc. (“Cook Homes”)
Appellant: 2738766 Ontario Limited, 2738777 Ontario Limited and 848866 Ontario Limited
Appellant: 2742707 Ontario Limited
Appellant: 642762 Ontario Inc. and others
Subject: Zoning By-law
Description: City of Guelph new Comprehensive Zoning By-law and related site-specific updates to the Official Plan
Reference Number: ZBA (2023)-20790
Property Address: All lands within the City of Guelph
Municipality/UT: Guelph/Wellington
OLT Case No: OLT-23-000462
OLT Lead Case No: OLT-23-000462
OLT Case Name: Ferrovia Investments Inc. v. Guelph (City)
PROCEEDING COMMENCED UNDER section 17(24) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: Forum Asset Management
Appellant: Paisley & Whitelaw Inc.
Appellant: Silvercreek Guelph Developments Limited and 2089248 Ontario Inc.
Subject: Proposed Official Plan Amendment
Description: City of Guelph new Comprehensive Zoning By-law and related site-specific updates to the Official Plan
Reference Number: OPA No. 88
Property Address: All lands within the City of Guelph, and site-specific updates
Municipality/UT: Guelph/Wellington
OLT Case No: OLT-23-000463
OLT Lead Case No: OLT-23-000462
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: Guelph & District Home Builders’ Association Inc. & Guelph and Wellington Development Association
Subject: Zoning By-law
Description: Updates to the residential parking requirements in the Downtown Zones
Reference Number: ZBA (2023)-20834
Property Address: City-wide
Municipality/UT: Guelph/Wellington
OLT Case No: OLT-23-001087
OLT Lead Case No: OLT-23-001087
OLT Case Name: Guelph & District Home Builders’ Association Inc. v. Guelph (City)
Heard: February 29, 2024, by Video Hearing
APPEARANCES:
Parties
Counsel/Representative*
City of Guelph
Alex Ciccone Allison Thornton Ian White* (articling student) Peter Pickfield (in absentia)
Multiple Appellants
Refer to Attachment 1 for Appearances
2793031 Ontario Inc.
Meaghan McDermid
MEMORANDUM OF ORAL DECISION DELIVERED BY KURITS SMITH ON February 29, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the second Case Management Conference (“CMC”) for OLT-23-000462 (“Comprehensive Zoning By-law Appeal” or “CZBA” and “Official Plan Amendment 88” or “OPA 88”) and the first CMC for OLT-23-001087 (“Parking By-law Appeal”).
2The background to OLT-23-000462 is found in the Decision issued by Member Bobka on September 21, 2023, and need not be repeated.
3The Parking By-law Appeal was filed by the Guelph & District Home Builders’ Association Inc. (“GDHBA”) and Guelph & Wellington Development Association (“GWDA”).
4GWDA is also an Appellant in the CZBA and OPA 88 matters. This additional Appeal was filed as a “safeguard measure” as they are appealing the same parking rate ratios in the CZBA.
5The Tribunal received and marked the Affidavit of Service of the Parking By-law Appeal Notice of CMC sworn by Dylan McMahon as Exhibit 1 of the Parking By-law Appeal. There were no issues with the service of Notice of the CMC, and as such, no further notice is required.
6No Party or Participant status requests were filed in relation to the Parking By-law Appeal.
7Counsel for the City and Paisley & Whitelaw Inc. inquired about the issuance of the Final Order of the Scoping Motion that was heard on December 1, 2023, where an Interim Order was issued on February 6, 2024. The Tribunal informed Counsel that those materials are before Member Molinari and that the Final Order will be issued in due course.
CONSOLIDATION OF MATTERS
8Prior to the commencement of the CMC, Counsel for GDHBA and GWDA, Kevin Thompson, notified the Parties in relation to CZBA and OPA 88 of his intention to request consolidation of the Parking By-law Appeal with the CZBA and OPA 88 file.
9All Parties consented to the consolidation.
10The Tribunal granted the request to consolidate pursuant to Rule 16.1 of the Ontario Land Tribunal Rules of Practice and Procedures as both files are in relation to each other and it will allow these matters to be heard more efficiently, cost-effectively, and expeditiously than if the matters were heard separately.
SCHEDULING OF FUTURE HEARINGS
Settlements
11Allison Thornton, Counsel for the City, informed the Tribunal that settlements have been reached with Thomasfield Homes Limited, Ferrovia Investments Inc. and Windmill Development Group Ltd.
12The above noted Parties requested that a one-day combined Settlement Hearing be scheduled.
13The Tribunal scheduled the Settlement Hearing for Tuesday, April 23, 2024, at 10 a.m. by Video Hearing. All Settlement Materials are to be received by the Tribunal on or before Tuesday, April 16, 2024.
14If further settlements come to fruition prior to the scheduled Settlement Hearing they may be considered in addition to the above noted Appeals.
Third Case Management Conference
15The remaining Parties concurred with the City that a subsequent CMC be scheduled approximately four months away. Over the course of the next four months the Parties will continue to work towards resolution of the Appeals.
16The Tribunal scheduled a third CMC for Tuesday, June 25, 2024, at 10 a.m. by Video Hearing. The Tribunal directed the City to provide the Case Coordinator with an agenda, update and any supporting materials required by Friday, June 21, 2024.
17The next hearing event for this case will be held on Tuesday, April 23, 2024, at 10 a.m. by Video Hearing.
18Parties 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:
GoToMeeting: https://global.gotomeeting.com/join/519389173
Access Code: 519-389-173
19Parties 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.
20Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling in to an audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889. The access code is as indicated above.
21Individuals 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 Video Hearing 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
22THE TRIBUNAL ORDERS that:
a. That case file Nos.OLT-23-000462 and OLT-23-001087 be consolidated;
b. A Settlement Hearing be heard on Tuesday, April 23, 2024, at 10 a.m. by Video Hearing;
c. That all Settlement Materials be supplied to the Tribunal on or before Tuesday, April 16, 2024;
d. A third Case Management Conference will occur on Tuesday, June 25, 2024, at 10 a.m. by Video Hearing;
e. That the City of Guelph provide a Case Management Conference agenda and update to the Tribunal on or before Friday, June 21, 2024.
f. There will be no further notice and the Member is not seized to this matter.
“Kurtis Smith”
Kurtis Smith
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.
ATTACHMENT 1
PARTY
COUNSEL
2014707 Ontario Inc. (“Cook Homes”)
Jennifer Meader
Paisley & Whitelaw Inc.
Silvercreek Guelph Developments Limited and 2089248 Ontario Inc.
Tom Halinski Jasmine Fraser
Guelph Watson Holdings Inc.
Loblaw Properties Limited
642762 Ontario Inc.
Kevin Thompson Giovanni Giuga (in absentia) Brittany Ennis (articling student)
Guelph & District Home Builders’ Association Inc. and Guelph & Wellington Development Association
Thomasfield Homes Limited
University Village (Guelph) Limited
Ferrovia Investments Inc.
2738766 Ontario Limited, 2738777 Ontario Limited and 848866 Ontario Limited
Eric Davis
IJK Holdings Inc.
2742707 Ontario Limited
Jasmine Fraser Eileen Costello (in absentia)
Forum Asset Management
Johanna Shapira Mithea Murugesu
Industrial Equities Guelph Corporation
Jamie Cole Daniel Angelucci (in absentia) Michael Foderick (in absentia)
Windmill Development Group Ltd.
Philip Osterhout