Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 19, 2024
CASE NO(S).: OLT-23-000040
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: Building Industry and Land Development Association
Subject: Proposed Official Plan Amendment
Description: Updating policies in response to Bill 109 for pre-consultation process and determining completeness for planning applications
Reference Number: OP2006-232
Property Address: City Wide
Municipality/UT: Brampton/Peel
OLT Case No: OLT-23-000040
OLT Lead Case No: OLT-23-000040
OLT Case Name: Building Industry and Land Development Association v. Brampton (City)
Heard: January 11, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel
Building Industry and Land Development Association ("Applicant/Appellant")
A. Pilkington Signe Leisk (in absentia)
City of Brampton ("City")
Bruce Engell
MEMORANDUM OF ORAL DECISION DELIVERED BY J. INNIS and D. CHIPMAN ON January 11, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the second Case Management Conference ("CMC") respecting an appeal by the Building Industry and Land Development Association. The appeal arises pursuant to the adoption of the City's Official Plan Amendment No. 232, which implements Planning Act changes related to Bill 109.
2The Parties had previously agreed to provide the draft Procedural Order ("PO") and Issues List ("IL") or to request the conversion of this CMC into a settlement hearing of the Tribunal prior to the commencement of this CMC. Having received no direction from the Parties prior to this second CMC, the Parties advised the Tribunal that they require additional time with which to advance current settlement discussions.
NEXT STEPS
3The Tribunal adjourned the appeal sine die and directed the Parties to provide the Tribunal on or before Friday, March 29, 2024 with a written status update on the progress of the settlement discussions. Should a settlement be reached, the Parties have been advised to notify the Tribunal to request a one-day settlement hearing. If a Hearing of the merits is required, the Parties are to provide, on consent, a draft PO and IL for consideration and approval by the Tribunal and to indicate the number of witnesses and days required for a hearing to be scheduled.
ORDER
4The Tribunal Orders that:
the matter is adjourned sine die;
the Parties are to provide the Tribunal with a written status update on or before Friday March 29, 2024;
in the event that a Hearing is required, the Parties are to provide the Tribunal with a draft Procedural Order including an Issues List and the suggested number of days requested to be set aside for the hearing within the written status update; and
the Parties are directed to notify the Tribunal by March 29, 2024 if the Parties wish to proceed with a settlement hearing.
5The Members are not seized but may be spoken to through the Case Coordinator should any issues arise.
"J. Innis"
J. Innis
MEMBER
"D. Chipman"
D. Chipman
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.