Ontario Land Tribunal / Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 09, 2024
CASE NO(S).: OLT-23-001297, OLT-23-001300
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Diamond Developments Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To permit nine detached dwellings along a common element condominium road Reference Number: OZ OPA 22-1 W7 Property Address: 900 Mississauga Heights Drive Municipality/UT: Mississauga OLT Case No.: OLT-23-001297 OLT Case Name: Diamond Developments v. Mississauga (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Diamond Developments Subject: Request to amend the Zoning By-law – Failure to adopt the requested amendment Description: To permit nine detached dwellings along a common element condominium road Reference Number: OZ OPA 22-1 W7 Property Address: 900 Mississauga Heights Drive Municipality/UT: Mississauga OLT Case No.: OLT-23-001298 OLT Lead Case No.: OLT-23-001297 OLT Case Name: Diamond Developments v. Mississauga (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Mario and Maria Polla Subject: Request to amend the Zoning By-law – Failure to adopt the requested amendment Description: To permit nine detached dwellings along a common element condominium road Reference Number: OZ 21-013 W7 Property Address: 904 Mississauga Heights Drive Municipality/UT: Mississauga OLT Case No.: OLT-23-001300 OLT Lead Case No.: OLT-23-001300 OLT Case Name: Mario and Maria Polla v. Mississauga (City)
Heard: March 28, 2024 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Diamond Developments ("Appellant") | Max Laskin |
| Mario and Maria Polla ("Appellant") | Max Laskin |
| City of Mississauga ("City") | Katie Pfaff |
| Yousif Al-Ali | David Neligan Leo Longo (in absentia) |
MEMORANDUM OF ORAL DECISION DELIVERED BY F. LAVOIE ON March 28, 2024, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision and Order arise from the first Case Management Conference ("CMC") held regarding appeals filed by Diamond Developments, Mario Polla, and Maria Polla, pursuant to s. 22(7) and s. 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended in respect of the City of Mississauga’s refusal of its application for a Zoning By-law Amendment and Official Plan Amendment ("OPA"), to permit the redevelopment of the properties Municipally known as 900 and 904 Mississauga Heights Drive ("Subject Lands").
PROCEDURAL MATTERS
2The Tribunal was in receipt of an Affidavit of Service sworn by Nancy Borges dated February 29, 2024, which was marked as Exhibit 1. There were no issues with the service of notice for the CMC, and as such, no further notice is required.
3The Tribunal received a Party status request from Yousif Al-Ali. Mr. Al-Ali is the owner of property abutting the Subject Lands, opposes the appeals, and intends to present land use planning evidence. The Tribunal granted Party status to Mr. Al-Ali.
4The Parties advised the Tribunal that 12 days would be required for the Merit Hearing. The Parties also requested a second CMC be held following the filing of an OPA appeal for 904 Mississauga Heights Road, to be heard with these three appeals.
5The Tribunal directs the Parties to submit an updated draft Procedural Order and Issues List no later than Friday, April 12, 2024.
6The Tribunal scheduled a second CMC by Video Hearing for Wednesday, August 7, 2024 at 10 a.m.
7The Tribunal also scheduled the Merit Hearing by Video Hearing to be held from Tuesday, November 12, 2024 at 10 a.m. until Thursday, November 28, 2024. The Tribunal will not sit on Monday, November 18, 2024.
8Parties 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:
Second CMC on Wednesday, August 7, 2024, at 10 a.m. by Video Hearing GoToMeeting: https://global.gotomeeting.com/join/709076365 Access Code: 709-076-365 Audio-only telephone line: +1 (647) 497-9373 or Toll Free: 1-888-299-1889 Audio-only Access Code: 709-076-365
Merit Hearing on Tuesday, November 12, 2024, at 10 a.m. by Video Hearing GoToMeeting: https://meet.goto.com/677087597 Access Code: 677-087-597 Audio-only telephone line: +1 (647) 497-9391 or Toll Free: 1-888-455-1389 Audio-only Access Code: 677-087-597
9Parties 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.
10Persons 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.
11Individuals 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
12THE TRIBUNAL ORDERS the following:
a. Yousif Al-Ali is granted Party status in these proceedings; and
b. The directions in this decision.
13The Member is not seized, however, will remain available for case management, subject to the Tribunal’s calendar.
"F. Lavoie"
F. LAVOIE 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.