Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 19, 2024
CASE NO(S).: OLT-23-000029
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
Appellant: Burlington Healthcare Centre Inc. and Carriage Gate Inc
Subject: Proposed Official Plan Amendment
Description: Updated policies in response to Bill 109 for pre-consultation processes and complete planning application submissions
Reference Number: OPA 130
Property Address: City Wide
Municipality/UT: Burlington/Halton
OLT Case No: OLT-23-000029
OLT Lead Case No: OLT-23-000029
OLT Case Name: Building Industry and Land Development Association v. Burlington (City)
Heard: January 10, 2024, by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Building Industry and Land Development Association | Signe Leisk |
| Burlington Healthcare Centre Inc. and Carriage Gate Inc. | Shelly Kaufman |
| City of Burlington (“City”) | Andrea Peebles |
MEMORANDUM OF ORAL DECISION DELIVERED BY K.R. ANDREWS ON January 10, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the second Case Management Conference (“CMC”) respecting appeals by the Building Industry and Land Development Association, and Burlington Healthcare Centre Inc and Carriage Gate Inc. The appeals arise following the adoption of the City’s Official Plan Amendment No. 130, which purports to implement Planning Act changes related to Bill 109.
2The present CMC is a continuation of the last CMC, at which time this CMC was scheduled to review a proposed draft Procedural Order (“PO”), which is expected to reflect the fact that the eventual Hearing will be based primarily on legal arguments.
PROCEDURAL ORDER AND ISSUES LIST
3The Parties filed a draft PO without an Issues List prior to the present CMC. Upon review of this draft with the Parties, the Tribunal accepts the approach jointly proposed by the Parties, which includes the Parties exchanging and eventually filing Affidavit Evidence, Agreed Statement of Facts, and Memorandum of Facts and Law prior to the Hearing. The Tribunal agrees that this is a prudent approach given the expected nature of the proceedings (being primarily a legal argument contest).
4The basic structure of the pre-hearing procedure (including timelines) was agreed upon by the Parties, and the Tribunal finds it acceptable. However, the Parties are still working on an Issues List and expect to have it complete by the end of the present month.
5In order to move the matter along, the Tribunal orders the Parties to exchange their Issues to be included in the Issues List by Wednesday, January 31, 2024, and then file a final draft PO including Issues List one week later on Wednesday, February 7, 2024. It is understood that the Parties may make minor tweaks to the timelines within the draft PO at the same time.
6The Member is not seized but may be spoken to through the Case Coordinator if any Issues arise.
“K.R. Andrews”
K.R. ANDREWS
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.