Ontario Land Tribunal / Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 02, 2024
CASE NO(S).: OLT-24-000066
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: DD Real Estate Developments Limited
Subject: Zoning By-law Amendment
Description: To permit the development of a 4-storey apartment building with 47 residential units.
Reference Number: PZ-14-23
Property Address: 264 Erie Avenue
Municipality/UT: Brantford/Brant
OLT Case No.: OLT-24-000066
OLT Lead Case No.: OLT-24-000066
OLT Case Name: DD Real Estate Developments Limited v. Brantford (City)
Heard: April 3, 2024 by Video Hearing
APPEARANCES:
Parties DD Real Estate Developments Limited Ideal Capital Partners Inc.
Counsel Eric Davis Jackson Brown (Student at Law)
Parties City of Brantford
Counsel Geoff Daley
MEMORANDUM OF ORAL DECISION DELIVERED BY G.A. CROSER ON APRIL 3, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference (“CMC”) held with respect to the appeal by DD Real Estate Developments Limited and Ideal Capital Partners Inc. (collectively, the “Applicants”) of the City of Brantford (“City”) refusal of a Zoning By-law Amendment for the property known municipally as 264 Erie Avenue (“Subject Property”).
2The Applicants’ intention for the Subject Property was to develop a four-storey apartment building with 47 units and 64 surface parking spaces. The City’s Official Plan designation for the Subject Property is ‘Intensification Corridor’. The Application was refused by City Council on Tuesday, December 19, 2023, and was subsequently appealed by the Applicants to the Tribunal within the required statutory timeframe.
AFFIDAVIT OF SERVICE
3The Tribunal was in receipt of an Affidavit of Service (“AOS”) of the Notice of the CMC sworn by Patricia Peters. There was a clerical error in the AOS, as the name of the Commissioner was missing. Mr. Eric Davis, Counsel for the Applicants, confirmed that he had commissioned the AOS. Counsel for the City had no concerns or issues with the veracity of the AOS.
4The Tribunal’s view is that the AOS was sworn in good faith and that this was a clerical oversight. As such, the Tribunal can rely on the AOS as evidence that proper notice of the proceeding was provided to the relevant Parties. Mr. Davis was directed to provide the Tribunal by no later than Friday, April 5, 2024 with a newly sworn AOS that was properly commissioned. The Tribunal did receive this document, consequently: Exhibit 1 is the AOS of Patricia Peters dated Tuesday, March 5, 2024, and Exhibit 2 is the AOS of Patricia Peters dated Thursday, April 4, 2024.
REQUESTS FOR STATUS
5The Tribunal received no requests for Party or Participant status, nor were the Parties in receipt of any such request.
MEDIATION
6The Parties were reminded that Tribunal-led Mediation was available if the Parties required assistance with narrowing the issues list, the scope of the appeal, or to resolve the entire matter. If the Parties wish to avail themselves of these services, then they should contact the Case Coordinator.
PROCEDURAL ORDER AND ISSUES
7The Tribunal was not provided with a draft Procedural Order or Issues List in advance of the CMC. The Parties indicated that draft versions had been circulated between the Parties and that there was an agreement that a four-day Merit Hearing would be required.
8The Tribunal did schedule dates for a Merit Hearing on this matter and directed the Parties to provide the Tribunal with a finalized Procedural Order and Issues List by no later than Friday, April 26, 2024. The Parties agreed that this would provide sufficient time to finalize the documents. Subsequently, the Tribunal received a draft Procedural Order and Issues List. The Tribunal Member has reviewed and approved these documents which are included with this Decision as Attachment 1.
HEARING
9The Tribunal provided the Parties with the scheduled dates provided herein at the CMC, which are set out below.
10The Tribunal set a four-day Hearing commencing on Tuesday, November 19, 2024, at 10 a.m. until Friday, November 22, 2024, by Video Hearing:
11Parties 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://global.gotomeeting.com/join/692665589
Access Code: 692-665-589
12Parties 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
13Persons 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) 1-888-299-1889 or +1 (647) 497-9373. The access code is as indicated above.
14Individuals 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.
ORDER
15THE TRIBUNAL ORDERS that:
a. A finalized Procedural Order and Issues List attached to this Order as Attachment 1 is approved and shall govern the proceedings.
b. A four-day Merit Hearing is scheduled to take place via Video Hearing commencing on Tuesday, November 19, 2024, at 10 a.m.
16There will be no further notice with respect to this matter and the Member is not seized.
“G.A. Croser”
G.A.CROSER
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.
ATTACHMENT 1