Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
April 02, 2024
CASE NO(S).:
OLT-22-002219
(Formerly PL210040)
OLT-22-002483
(Formerly PL200150)
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
1085 Clearview Limited Partnership
Appellant:
1246235 Ontario Inc.
Appellant:
1602211 Ontario Ltd.
Appellant:
2084 Lakeshore Holdings Ltd. Et Al; and others
Description:
Proposed Official Plan Amendment for Burlington New Official Plan
Municipality:
City of Burlington
OLT Case No.:
OLT-22-002219
Legacy Case No.:
PL210040
OLT Lead Case No.:
OLT-22-002219
Legacy Lead Case No.:
PL210040
OLT Case Name:
1085 Clearview Limited Partnership v. Halton (Reg. Mun.)
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
Sofina Foods Inc.
Appellant:
Wal-Mart Canada Corp.
Appellant:
Reserve Properties Ltd.
Appellant:
Vrancorp Group; and others
Description:
Proposed Official Plan Amendment No. 119
Municipality:
City of Burlington
OLT Case No.:
OLT-22-002483
Legacy Case No.:
PL200150
OLT Lead Case No.:
OLT-22-002483
Legacy Lead Case No.:
PL200150
OLT Case Name:
Sofina Foods Inc. v. Burlington (City)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
Wal-Mart Canada Corp.
Appellant:
Burlington Healthcare Centre Inc.
Appellant:
Better Life Development
Appellant:
Emshih Developments Inc.; and others
Description:
By-law No. 2020-418
Municipality:
City of Burlington
OLT Case No.:
OLT-22-002484
Legacy Case No.
PL200151
OLT Lead Case No.:
OLT-22-002483
Legacy Lead Case No.
PL200150
PROCEEDING COMMENCED UNDER subsection 9(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6.
Motion By:
City of Burlington – Approval Authority
Purpose of Motion:
Request for an Order for partial approval
Heard:
February 23, 2024 by Written Hearing
APPEARANCES:
Parties
Counsel/Representative*
Region of Halton
Kelly Yerxa
City of Burlington
Andrew Biggart
Christina Kapelos
Burlington Healthcare Centre Inc.
Vanessa Colton
Andrew Jeanrie
Conserving Our Rural Ecosystems of Burlington Inc.
David Donnelly
Crystal Homes
Alex Lusty
William Love
Self-Represented*
Mac’s Convenience Stores Inc.
Max Laskin
Matthew Lakatos-Hayward
Metrolinx
Jennifer Evola
Christie Gibson
Signe Leisk
Millcroft Greenspace Alliance
Daintry Klein*
Multiple Parties**
Chantal deSereville
Denise Baker
Multiple Parties**
Caroline Jordan
David Bronskill
Matthew Lakatos-Hayward
Multiple Parties**
Scott Snider
Shelley Kaufman
Multiple Parties**
Nancy Smith
Jessica De Marinis
Multiple Parties**
Marc Kemerer
Multiple Parties**
Matthew Rutledge
Joel Farber
Multiple Parties**
Alexander Suriano
Patrick Harrington
Meaghan Barrett
Sofina Foods
Patrick Duffy
United Burlington Retail Portfolio Inc.
Mandy Ng
Aaron Platt
Wal-Mart Canada Corp.
Roslyn Houser
Caroline Jordan
Brad Wilson
Self-Represented*
**see Schedule 1
DECISION DELIVERED BY S. Dixon AND ORDER OF THE TRIBUNAL
Link to Order
INTRODUCTION AND BACKGROUND
1This Decision and Order arises from a Motion for Partial Approval (“Motion”) filed by the City of Burlington (“City”) seeking approval of certain policies of the City’s new official plan (“New OP”).
2The New OP was adopted by the City on April 26, 2018 and subsequently approved with modifications by the Region of Halton (“Region”) on November 30, 2020. The Tribunal received 48 appeals to the New OP that were filed pursuant to s. 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended (“Act”). Those appeals are being heard together with 21 outstanding appeals to Case No. OLT-22-002483. To date, six appeals to these proceedings have been withdrawn.
3Schedule 1 to this Decision and Order lists the Appellants, Parties and Participants to these proceedings.
4On January 4, 2023, the Tribunal issued an Order confirming that certain portions of the New OP not subject to appeal were in full force and effect by operation of the Act.
5On February 16, 2024, the Tribunal issued a further Order approving an additional subset of policies (and one definition), with modifications, following an uncontested settlement between the City and Appellant Nos. 1 and 40.
MOTION FOR PARTIAL APPROVAL
6At a Case Management Conference (“CMC”) held on November 29, 2023, the City advised the Tribunal and Parties that, following a review of the remaining issues identified in the approved Issues List for these proceedings, the City intended to bring forward the Motion seeking partial approval of the New OP.
7At the CMC, the Tribunal directed that:
a) The Motion be filed with the Tribunal on or before December 22, 2023;
b) Any Response Motions be filed with the Tribunal on or before January 26, 2024; and
c) Any Reply Motion(s) by the City be filed with the Tribunal on or before February 5, 2024.
8As directed, the City’s Motion was filed with the Tribunal on December 22, 2023. No Response Motions (and therefore no Reply Motions) were subsequently filed by any of the Parties.
9The Motion, hereby marked as Exhibit 1, specifically requests that the Tribunal approve only the policies of the New OP shown in green and orange highlighting in Exhibit “D” to the Affidavit of Kelly Cook, affirmed December 22, 2023, on the basis that:
a) The policies highlighted in green are not under appeal; and
b) The policies highlighted in orange reflect modifications made by the City to recognise certain existing site-specific approvals from the 1997 City Official Plan (“1997 COP”) that relate to appeals under the New OP.
10The balance of the policies contained in Exhibit “D” to Ms. Cook’s affidavit are either highlighted in yellow (to indicate that they remain under appeal) or have no highlighting (to indicate that they are already in full force and effect). Upon approval by the Tribunal, the policies in green and orange highlighting would become unhighlighted in the City’s office consolidation of the New OP.
11The Motion confirms that the City is not seeking approval of any schedules or tables to the New OP at this time.
12The Tribunal notes that the approval of the Policies referenced in Paragraph [5] of this Decision was granted after the City filed the Motion on December 22, 2023. Therefore, the policies approved by the Tribunal on February 16, 2024 are still shown in yellow highlighting as remaining under appeal in Exhibit “D” to Ms. Cook’s affidavit, despite being in full force and effect as of the date of issuance of this Decision and Order.
SUPPORTING EVIDENCE OF MS. COOK
Qualifications
13Ms. Cook is a Senior Planner in the Policy and Community section of the Community Planning Department at the City and is a Pre-Candidate Member of the Ontario Professional Planners Institute. She has 10 years of professional land use planning experience in the public sector and has participated in planning policy formulation for the Region and the City, as well as for the Region of Peel. She holds an Honours Bachelor of Environmental Studies from York University and a Master of Applied Environmental Studies (Planning) from the University of Waterloo.
14The Tribunal has previously qualified Ms. Cook to provide expert opinion evidence on matters pertaining to land use planning. She is hereby so qualified again.
Policies Not Subject to Appeal (Green Highlighting)
15Ms. Cook’s Affidavit, contained in Exhibit 1, lists several policies that, in her opinion, were indirectly captured under broad appeals to entire sections or subsections of the New OP, but that either (1) do not correspond to any of the Issues identified in the approved Procedural Order for these proceedings, or (2) represent a specific policy that has been withdrawn from the appeals.
16In Ms. Cook’s professional opinion, said policies – shown in green highlighting in Exhibit “D” to her affidavit – do not require any modifications to conform to or be consistent with all applicable provincial and regional policies.
Site-Specific Policies (Orange Highlighting)
17Ms. Cook’s Affidavit recommends three modifications to the New OP that reflect approved site-specific official plan amendments (“OPAs”) processed under the 1997 COP (specifically OPAs 120, 122, and 125) following the Region’s approval of the New OP. In Ms. Cook’s opinion, the modifications adapt the approved OPAs under the 1997 COP to the format and structure of the New OP.
18The modified policies – shown in orange highlighting in Exhibit “D” to Ms. Cook’s affidavit – are Policies 8.3.5(2) j), 8.1.1(3.12.2) a), and 8.1.1(3.10.2) b).
Summary Opinion
19In Ms. Cook’s professional opinion, the policies highlighted in green and orange in Exhibit “D” to her affidavit:
a) Have regard for matters of provincial interest as set out in s. 2 of the Act;
b) Are consistent with the PPS;
c) Conform with the Growth Plan for the Greater Golden Horseshoe, 2019, as amended;
d) Conform with the Greenbelt Plan and the Niagara Escarpment Plan;
e) Conform with the ROP;
f) Represent good planning; and
g) Are in the public interest.
FINDINGS
20Based on the uncontested expert opinion evidence of Ms. Cook, the Tribunal finds that the policies highlighted in green and the modified policies highlighted in orange in Exhibit “D” to the Affidavit of Kelly Cook, affirmed December 22, 2023, satisfy all required statutory tests, represent good planning, and are in the public interest.
21For clarity, the policies that are highlighted in yellow in Exhibit “D” to Ms. Cook’s affidavit, save and except for the policies and definition approved by the Tribunal on February 16, 2024, remain subject to appeal and are not in force. The policies in Exhibit “D” to Ms. Cook’s affidavit that are not highlighted are subject to other previous approvals and are in full force and effect.
ORDER
22THE TRIBUNAL ORDERS that the City of Burlington’s Motion for Partial Approval, dated December 22, 2023, is granted.
23THE TRIBUNAL ORDERS that the following policies for the Official Plan for the City of Burlington, as set out in Exhibit “D” to the Affidavit of Kelly Cook affirmed December 22, 2023, are approved:
Policy 3.1.4(2) a)
Policy 3.2.3 a) – b)
Policy 8.1.1(3.4.2) a)
Policy 8.1.1(3.5.2) a)
Policy 8.1.1(3.10.2) a)
Policy 8.1.1(3.10.2) b)
Policy 8.1.1(3.10.2) c)
Policy 8.1.1(3.11.2)
Policy 8.1.1(3.12.2) a)
Policy 8.1.1(4)[preamble] – 8.1.1(4.7)
Policy 8.1.1(4.10) – 8.1.1(4.12)
Policy 8.1.3(3.3)
Policy 8.1.3(5.3)
Policy 8.1.3(6.3)
Policy 8.1.3(7.3) a), c), d) & f) – k)
Policy 8.2.3(3) a) – c) & e)
Policy 8.2.4(3) a) – g) & j)
Policy 8.3[preamble] – 8.3.5
Policy 8.3.5(2) j)
Policy 8.3.8 – 8.3.10
Policy 8.4.1(3)
Policy 8.4.2(3)
Policy 8.5
Policy 8.7.3
Policy 8.8.1
Policy 9.1.3
“S. Dixon”
s. dixon
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.
SCHEDULE 1
APPELLANTS, PARTIES AND PARTICIPANTS
Appellants to OLT 22-002219
Appeal Number
Appellant Name(s)
Appeal under OLT-22-002483?
Counsel/ Representative*
1
Ontario Stone, Sand & Gravel Association (OSSGA)
Marc Kemerer
2
United Burlington Retail Portfolio Inc.
Mandy Ng
Aaron Platt
3
Crystal Homes
Alex Lusty
4
Landform Development Group and 2413350 Ontario Inc.
Yes
Chantal deSereville
Denise Baker
5
1085 ClearviewLimited Partnership (1085 Clearview GP Inc.)
Chantal deSereville
Denise Baker
6
West End Home Builders Association
Yes
Chantal deSereville
Denise Baker
7
440 Elizabeth Street Holdings Ltd
Yes
Chantal deSereville
Denise Baker
8
2084 Lakeshore Holdings Ltd. and 2084 Lakeshore (2048) LP Ltd
Yes
Chantal deSereville
Denise Baker
9
Emshih Developments Inc. (800 Burloak Drive)
Nancy Smith
Jessica De Marinis
10
Emshih Developments Inc. (895-901 Brant and 2250 Fairview Street)
Yes
Nancy Smith
Jessica De Marinis
11
Emshih Developments Inc.
(372-380 and 433-439 Brant Street)
Yes
Nancy Smith
Jessica De Marinis
12
Carriage Gate Homes Inc., Lakeshore (Burlington) Inc. and Old Lakeshore (Burlington) Inc.
Yes
Scott Snider
Shelley Kaufman
13
1820473 Ontario Inc. and Molinaro Group of Companies
Scott Snider
Shelley Kaufman
14
Withdrawn
15
Renimmob Properties Ltd.
Yes
Scott Snider
Shelley Kaufman
16
Penta Properties Inc.,
Paletta International Corporation and P&L Livestock Ltd.
Scott Snider
Shelley Kaufman
17
Withdrawn
18
Withdrawn
19
New Horizon Development Group
Alexander Suriano
Patrick Harrington
Meaghan Barrett
20
Brad Wilson
Self-Represented*
21
Wal-Mart Canada Corp.
Yes
Roslyn Houser
Caroline Jordan
22
Millcroft Greens Corporation
Alexander Suriano
Patrick Harrington
Meaghan Barrett
23
RK (Burlington Mall) Inc.
Joel D. Farber
Matthew Rutledge
24
Withdrawn
25
Pine Street Burlington Corp.
Yes
Chantal deSereville
Denise Baker
26
Adi Developments (Masonry) Inc.
Yes
Chantal deSereville
Denise Baker
27
Withdrawn
28
Withdrawn
29
RioCan Holdings Inc. (507-533 Brant Street)
Joel D. Farber
Matthew Rutledge
30
335 Plains Holdings Inc. and 355 Plains Holdings Inc.
Chantal deSereville
Denise Baker
31
Camarro Developments Inc. (789-795 Brant Street)
Chantal deSereville
Denise Baker
32
Camarro Developments Inc. (519-527 Brant Street)
Chantal deSereville
Denise Baker
33
Camarro Developments Inc. (1062 and 1074 Cooke Blvd)
Chantal deSereville
Denise Baker
34
Infinity Developments Group Inc.
Chantal deSereville
Denise Baker
35
Spruce Partners Inc. and Amico Properties Inc.
Yes
Chantal deSereville
Denise Baker
36
5135 Fairview Holdings Inc.
Chantal deSereville
Denise Baker
37
S & G Consulting Inc., Branthaven 735 Oval Inc., and Branthaven Development Corp.
Yes
Chantal deSereville
Denise Baker
38
1602211 Ontario Ltd.
Chantal deSereville
Denise Baker
39
William Love
Self-Represented*
40
Nelson Aggregate Co.
Marc Kemerer
41
Mac’s Convenience Stores Inc.
Max Laskin
Matthew Lakatos- Hayward
42
Core FSC Lakeshore GP Incorporated
Yes
Caroline Jordan
David Bronskill
Matthew Lakatos- Hayward
43
Vrancorp Group
Yes
Caroline Jordan
David Bronskill
Matthew Lakatos- Hayward
44
Reserve Properties Ltd.
Yes
Caroline Jordan
David Bronskill
Matthew Lakatos- Hayward
45
2584979 Ontario Inc.
Caroline Jordan
David Bronskill
Matthew Lakatos- Hayward
46
Burlington Healthcare Centre Inc.
Yes
Vanessa Colton
Andrew Jeanrie
47
Emshih Development Inc. (901 Guelph Line)
Nancy Smith
Jessica De Marinis
48
Mattamy James Street Limited
Partnership
Scott Snider
Shelley Kaufman
Additional Appellants for OLT-22-002483 Only
Appeal Number
Appellant Name(s)
Counsel/Representative*
1A
Sofina Foods
Patrick Duffy
8A
Welwyn Interests Inc.
Chantal deSereville
Denise Baker
13A
Adi Developments (Masonry) Inc.
Chantal deSereville
Denise Baker
22A
Douglas Roy Leggat and 850 Brant Street Properties Inc.
Scott Snider
Shelley Kaufman
Non-Appellant Parties to OLT-22-002219
Party
Name(s)
Counsel/ Representative*
A
Regional Municipality of Halton
Kelly Yerxa
B
City of Burlington
Christina Kapelos
Andrew Biggart
C
Fairview GO Ltd.
Scott Snider
Shelley Kaufman
D
Conserving Our Rural Ecosystems of Burlington Inc. (“CORE”)
David Donnelly
E
Millcroft Greenspace Alliance
Daintry Klein*
F
Metrolinx
Jennifer Evola
Christie Gibson
Signe Leisk
G
Douglas Roy Leggat and 850 Brant Street Properties Inc.
Scott Snider
Shelley Kaufman
H
Brookfield Properties, InteRent REIT and CLV Group Inc. (Fairview Limited Partnership)
Scott Snider
Shelley Kaufman
Participants
Name(s)
Counsel/ Representative*
Tom Muir
Self-Represented*
Anne and David Marsden
Self-Represented*
Millcroft Coalition Against Development
Kirk Robinson*