Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 09, 2024
CASE NO(S).: OLT-23-000075
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Ahmed Group (1000 Dundas St. E.) Inc. & Ahmed Group (1024 Dundas St. E.) Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the redevelopment of the property for a 4 storey, 16 storey, & 20 storey mixed use building with at grade commercial use
Reference Number: OZ/OPA 22-18 W1
Property Address: 1000 & 1024 Dundas Street East
Municipality/Upper Tier: City of Mississauga/Region of Peel
OLT Case No.: OLT-23-000075
OLT Lead Case No.: OLT-23-000075
OLT Case Name: Ahmed Developments Inc. Et al. v. Mississauga (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Ahmed Group (1000 Dundas St. E.) Inc. & Ahmed Group (1024 Dundas St. E.) Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the redevelopment of the property for a 4 storey, 16 storey, & 20 storey mixed use building with at grade commercial use
Reference Number: OZ/OPA 22-18 W1
Property Address: 1000 & 1024 Dundas Street E.
Municipality/UT: City of Mississauga/Region of Peel
OLT Case No.: OLT-23-000076
OLT Lead Case No.: OLT-23-000075
Heard: April 5, 2024 by Telephone Conference Call
APPEARANCES:
| Parties | Counsel |
|---|---|
| Ahmed Group (1000 Dundas St. E.) Inc. and Ahmed Group (1024 Dundas Street E.) Inc. | P. Van Loan |
| City of Mississauga | M. Joblin M. Minkowski |
| Mother Parkers Tea and Coffee Inc. | D. Tang J. White |
| Dundas Landowners’ Association | M. Laskin (in absentia) |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. BRAUN ON APRIL 5, 2024 AND ORDER OF THE TRIBUNAL
BACKGROUND AND PROCEDURAL HISTORY
1This Telephone Conference Call (“TCC”) was convened for the purpose of further case managing appeals by Ahmed Group (1000 Dundas St. E.) Inc. and Ahmed Group (1024 Dundas St. E.) Inc. (“Applicant”) against the failure of the City of Mississauga (“City”) to make decisions on applications for an Official Plan Amendment and Zoning By-law Amendment in relation to 1000 and 1024 Dundas Street East (“Subject Properties”).
2The Applicant initially proposed to redevelop the Subject Properties with four storeys, 16 storeys, and 20 storey mixed use buildings with at grade commercial units and purpose-built rental units. The proposed OPA would amend the City’s Official Plan to redesignate the Subject Properties from Employment Area, Dixie Employment Area and Mixed Use, to Neighbourhood, Applewood Neighbourhood and Residential High Density. The proposed ZBA would change the zoning of the Subject Properties from General Commercial Exception Zone C3-65 and General Commercial Exception Zone C3-66 to a site-specific Residential Apartment Exception (RA5-XX) Zone.
3At previous Case Management Conferences (“CMC”s) held before a panel differently constituted, the Tribunal was advised that the proposed introduction of sensitive residential land uses close to lands owned and occupied by Mother Parkers Tea and Coffee Inc. (“Mother Parkers”) has the potential to affect the operations and future development of lands owned by Mother Parkers. This is because such operations generate noise, traffic, and odours, which may not be compatible with residential uses on nearby or abutting properties.
4The matters had previously been scheduled to be heard over nine days in November 2023. In October 2023, the Parties were engaged in ongoing Tribunal-led mediation and wrote to the Tribunal to request, on consent, that the November Hearing dates be released and replaced by a 15-day Hearing commencing Monday, April 29, 2024. The purpose of the adjournment was to allow additional technical work to be undertaken by the Applicant. The Parties were optimistic that the completion of such work would assist them in reaching a full resolution of all outstanding issues or in further scoping of the issues for the Hearing. The request was granted, and although a revised Procedural Order (“PO”) was to be circulated to the Parties and submitted to the Tribunal by the Applicant’s former counsel, for reasons unknown to the Tribunal, a revised PO was never circulated or submitted.
5On Thursday, March 28, 2024, counsel for the City wrote the Tribunal noting that the anticipated updated technical work had not been received and that, as no revised PO had been put in place, no evidence had yet been exchanged between the Parties with the start of the Hearing quickly approaching. Given the foregoing, he requested this TCC be convened for the purpose of having the Tribunal assist the Parties in determining an appropriate path forward.
6The Applicant recently retained new counsel, whose first appearance was at this TCC. He explained that the Applicant had not yet completed the technical work and would not be able to do so without being granted access to Mother Parkers’ facilities and operations, which would include having access to sensitive and proprietary information. Counsel for the Applicant and Mother Parkers have been engaged in productive discussions, which they hope will result in a mutually agreeable resolution to the challenges associated with the foregoing, so as to avoid the need for any motions in this regard.
7The Tribunal was advised that, in advance of the TCC, the Parties had engaged in discussions with respect to a path forward. The Parties advised that given the nature of the proposal and the issues between the Parties, it would be difficult, if not impossible, to proceed with the currently scheduled Hearing in advance of the completion of the aforementioned technical work.
8The Parties jointly requested that all scheduled Hearing dates be released with the exception of the last two days (Tuesday, May 21, 2024 and Wednesday, May 22, 2024), with a written update be provided to the Tribunal no later than Monday, April 29, 2024, outlining a suggested agenda for the reserved Tuesday, May 21 and Wednesday, May 22, 2024 dates (which could include further case management and/or the hearing of any necessary motions in relation to the provision of access/information allowing the Applicant to complete the required technical work). The Parties later indicated a video appearance on Monday, April 29, 2024 would be preferable to a written update, as it would allow for a fulsome discussion in real-time.
9The Parties were reminded of the importance of respecting the hearing calendar, which is a public resource, and the fact that optimal use cannot now be made of the days, which must now be released based on the need for the technical work to be done in advance of a hearing and the failure of the Parties to bring this to the attention of the Tribunal in a timely manner.
NEXT STEPS
10A CMC will be held by Video Hearing commencing at 10 a.m. on Monday, April 29, 2024. Tuesday, May 21, 2024 and Wednesday, May 22, 2024, are reserved for Video Hearings commencing at 10 a.m. for the purpose of conducting any necessary motions and/or a CMC.
11At the Monday, April 29, 2024 CMC, the Tribunal will expect an update as to whether the issue of providing the Applicant physical access to Mother Parkers’ premises and data has been resolved, or alternatively, whether motions in relation to this issue may need to be heard on Tuesday, May 21, 2024 and Wednesday, May 22, 2024. Such motions may include, but not be limited to: a motion for discovery and/or the inclusion of a confidentiality clause within a future PO. The Parties will be expected to have turned their minds to a schedule for the submission of motion materials if they wish to deviate from the Tribunal’s Rules of Practice and Procedure.
12Should the issue of access to Mother Parkers facilities and information be resolved, the Parties will be expected to come to the Monday, April 29, 2024 CMC prepared to speak to the anticipated time required for the necessary technical work to be completed and reviewed by the City. The Parties will also be expected to have turned their minds to appropriate next steps aimed at setting the matters back on a course that will ensure effective, efficient and timely dispute resolution, while demonstrating respect for the Tribunal’s calendar.
13The Video Hearing details are the same for both the Monday, April 29, 2024 CMC and the Tuesday, May 21, 2024 and Wednesday, May 22, 2024 CMC/Motion dates, and are as follows:
GoToMeeting: https://meet.goto.com/357283957
Access Code: 357-283-957
14Parties 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.
15Parties are also asked to log into the Video Hearings at least 15 minutes before the start of the event to test their video and audio connections.
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) 1-888-455-1389 or +1 (647) 497-9391. The access code is as indicated above.
17Individuals 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 Hearings 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.
OTHER MATTERS
18The Tribunal inquired as to whether there were any other matters to be addressed, which might assist in the fair, just, and expeditious resolution of this matter. The Parties indicated there were none.
ORDER
19There will be no further notice and this Member is not seized but may be available for case management should the Tribunal’s calendar permit.
20The Tribunal so orders and provides the foregoing directives for the purposes of the case management of these appeals.
“S. Braun”
S. Braun
vice-chair
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.