Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
April 22, 2024
CASE NO(S).:
OLT-22-004584
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Lightpoint (170 Lakeshore Road East Port Credit) Inc.
Subject:
Request to amend the Official Plan – Failure to adopt the requested amendment
Description:
To permit the development of a 15-storey mixed-use building, including a 6-storey podium, with 147 purpose-built residential rental units
Reference Number:
OPA 21/16 W1
Property Address:
170 Lakeshore Road East
Municipality/UT:
City of Mississauga/ Regional Municipality of Peel
OLT Case No.:
OLT-22-004584
OLT Lead Case No.:
OLT-22-004584
OLT Case Name:
Lightpoint (170 Lakeshore Road East Port Credit) v. Mississauga (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant:
Lightpoint (170 Lakeshore Road East Port Credit) Inc.
Subject:
Application to amend the Zoning By-law – Neglect to make a decision
Description:
To permit the development of a 15-storey mixed-use building, including a 6-storey podium, with 147 purpose-built residential rental units
Reference Number:
OZ 21/16 W1
Property Address:
170 Lakeshore Road East
Municipality/UT:
City of Mississauga/ Regional Municipality of Peel
OLT Case No.:
OLT-22-004584
OLT Lead Case No.:
OLT-22-004585
Heard:
April 17, 2024, by Video Hearing
APPEARANCES:
Parties
Counsel
Lightpoint (170 Lakeshore Road East Port Credit) Inc.
David Bronskill
City of Mississauga
Raj Kehar Kelin Algayer
MEMORANDUM OF ORAL DECISION DELIVERED BY C. HARDY ON APRIL 17, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1Lightpoint (170 Lakeshore Road East Port Credit) Inc. (“Appellant”) proposes to redevelop its property Municipally known as 170 Lakeshore Road East (“Subject Property”). The Appellant appealed the failure of the City of Mississauga (“City”) Council to make decisions within the prescribed timelines regarding Applications to amend the City of Mississauga Official Plan and the City of Mississauga Zoning By-law No. 0225-2007 pursuant to s. 22(7) and s. 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended (“Act”).
ADJOURNED HEARING
2The Merit Hearing was scheduled for six days commencing on April 15, 2024. The Hearing commenced as scheduled and the Tribunal heard opening statements, a non-opinion overview from the Appellant’s Land Use Planner and urban design evidence from Mansoor Kazerouni on behalf of the Appellant.
3Counsel for the Appellant became ill prior to commencing the second day of the Hearing. The Parties attended on the third day of the Hearing and requested an adjournment on consent. The Tribunal agreed and directed that due to the unforeseen circumstances, the Hearing would be adjourned. The Tribunal converted the third day of the Hearing to a Case Management Conference in order to discuss next steps and provide case management directives.
4Counsel advised that they were in agreement that five days were required to complete the Hearing and requested that the Member be seized as a result of evidence that was heard by the Tribunal on the first day of the Hearing.
NEXT STEPS
5Accordingly, the Tribunal scheduled five (5) days to continue to hear the Appeals commencing on Wednesday, July 17, 2024, at 10 a.m. by Video Hearing running to Tuesday, July 23, 2024. The Member is seized, and the Hearing is scheduled to proceed.
6Parties 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:
GoToMeeting: https://meet.goto.com/278736685
Access Code: 278-736-685
7Parties 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
8Persons 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) 1-888-299-1389 or +1 (647) 497-9391. The access code is as indicated above.
9Individuals 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 Hearing by video 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.
10The Tribunal is in receipt of all required filings for the hearing of the Appeals which were filed in accordance with the deadlines established in the Procedural Order issued on Monday, March 4, 2024. The Adjournment is not an opportunity for the Parties to file additional documents, and the Tribunal will not accept same, with the exception of an updated hearing plan and Issues List which the Parties are directed to submit on or before Wednesday July 10, 2024.
ORDER
THE TRIBUNAL HEREBY ORDERS that the Hearing will resume for five (5) days as set out above in this Decision.
The case management directives set out above are so ordered.
The Member is seized and will further remain available for case management if required. There will be no further notice required.
“Carrie Hardy”
CARRIE HARDY
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.