Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 30, 2024
CASE NO(S).: OLT-23-000281
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant
4Q Commercial WP Inc.
Subject:
Request to amend the Official Plan – Failure to adopt the requested amendment
Reference Number:
OZ OPA 22-22 W1
Property Address:
1580-1650 Dundas Street East
Municipality/UT:
Mississauga/Peel
OLT Case No:
OLT-23-000281
OLT Lead Case No:
OLT-23-000281
OLT Case Name:
4Q Commercial WP Inc. v. Mississauga (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Reference Number:
OZ OPA 22-22 W1
Property Address:
1580-1650 Dundas Street East
Municipality/UT:
Mississauga/Peel
OLT Case No:
OLT-23-000282
OLT Lead Case No:
OLT-23-000281
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Subject:
Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Reference Number:
21T-M 22-4 W1
Property Address:
1580-1650 Dundas Street East
Municipality/UT:
Mississauga/Peel
OLT Case No:
OLT-23-000283
OLT Lead Case No:
OLT-23-000281
Heard:
February 28, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel/Representative
4Q Commercial WP Inc.
Matthew Lakatos-Hayward
David Bronskill (in absentia)
Rodney Gill (in absentia)
City of Mississauga
Lia Magi
Jordan Afolabi, Student-at-Law
Toronto and Region Conservation
Barbara Montgomery
Authority
MEMORANDUM OF ORAL DECISION DELIVERED BY BITA M. RAJAEE ON FEBRUARY 28, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the second Case Management Conference (“CMC”) before the Tribunal with respect to appeals under sections 22(7), 34(11), and 51(34) of the Planning Act by 4Q Commercial WP Inc. (“Applicant”) resulting from the failure of the City of Mississauga (“City”) to make a decision within the statutory timeframe on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision (“Applications”). The Applications relate to lands located at lands municipally known as 1580-1650 Dundas Street East in the City (“Subject Property”).
2The Applicant intends to redevelop the Subject Property with a new master-planned community containing a public park, new public and private streets, pedestrian connections, privately owned publicly accessible open spaces, and six new development blocks. The development blocks propose to include five tall buildings, five mid-rise buildings, and three townhouse blocks, which would result in a total of 3,027 new residential units.
3A CMC previously took place on July 6, 2023 (“First CMC”), wherein it was confirmed that adequate Notice had been provided for this matter and no further Notice was required. Moreover, the Toronto and Region Conservation Authority (“TRCA”) and The Regional Municipality of Peel (“Region”) were added as Parties, but the Region withdrew its Party status on October 24, 2023.
PROCEDURAL ORDER AND ISSUES LIST
4The Parties provided a draft Procedural Order (“PO”) prior to the CMC, but no Issues List (“IL”).
5The Tribunal explained that a Hearing could not be scheduled without a draft IL or at least an understanding of the scope of issues to be addressed at a future Hearing. The Applicant’s Counsel guided the Tribunal to a report prepared by the City’s Staff (“Staff Report”) pertaining to these Applications, which outlined the type of issues that the City had raised with them. Specifically, this Staff Report was in response to a resubmission made by the Applicant. The City’s Counsel provided a copy of this Staff Report, dated August 25, 2023, to the Tribunal, and explained that further discussions with the Applicant had taken place since then, and the Applicant has made another resubmission in response to this Staff Report. As such, some issues have been further scoped, but the Staff Report did provide a general overview of considerations pertaining to the Applications out of which the issues that would be identified on the IL may arise. Moreover, the City’s Counsel confirmed that the issues were being finalized imminently, and the finalized IL could be provided to the Tribunal in short order.
6The Counsel for TRCA explained that it had engaged in private discussions with the Applicant, and they were close to resolving their issues. As such, at this time, TRCA did not intend on adding issues to the IL, and if the two Parties were able to reach a formal agreement (which both anticipated was likely), TRCA would withdraw its Party Status and provide its Conditions of Approval to the City.
7The Tribunal was satisfied that the Staff Report, along with Counsels’ submissions, provided an adequate overview of the type of pertinent issues that may be raised at a future Hearing. This, along with confirmation that the IL would be provided shortly after the CMC, was sufficient to allow the Tribunal to proceed with scheduling a Hearing despite the lack of an IL. The particulars of the Hearing are provided below.
8Additionally, the Parties indicated that they were working towards a resolution and requested that a third CMC be scheduled well in advance of the Hearing. This would allow the Parties to update the Tribunal on the status of their discussions. If they had reached a settlement, they could present that to the Tribunal on that date, either orally or in writing. If not, they could advise the Tribunal as to the impact of their discussions on the Hearing and refine the IL if necessary. The Tribunal agreed and a third CMC has been scheduled, with particulars provided below. The Parties were directed to provide a status update (such as whether a settlement has been reached) to the Tribunal’s Case Coordinator by October 9, 2024.
9The Applicant’s Counsel undertook to revise and re-submit the PO and to provide an IL on or before March 29, 2024, for the Tribunal’s approval. To date, the Parties have failed to produce the PO / IL, despite the Tribunal’s inquiries regarding its status. The Parties are directed to provide the final PO / IL at their earliest convenience and by no later than Friday, May 31, 2024, at 12 p.m.
MEDIATION AND SETTLEMENT
10The Tribunal raised the issue of opportunities for settlement discussions, including the use of Tribunal-assisted mediation. The Parties were directed to advise the Tribunal in writing should they reach a settlement with respect to some or all of the issues prior to the Hearing and, should they wish to pursue Tribunal-assisted mediation, they may make a written request to the Tribunal through the Case Coordinator for those services.
THIRD CMC AND HEARING DATE
11The Parties requested that, based on the draft PO they had provided and the submissions regarding the IL they had made at the CMC, a Hearing for this matter be scheduled. Given the number of Parties, potential issues, and potential witnesses, the Tribunal agreed that a 20-day Hearing was sufficient. A Hearing has been scheduled to take place commencing at 10 a.m. on Monday, March 24, 2025, continuing to Wednesday, April 23, 2025, and excluding April 7, 18, and 21, 2025.
12As indicated above, the Parties requested that a Third CMC be scheduled well in advance of the Hearing, to allow the Parties to update the Tribunal on the status of the matter, including whether a settlement agreement has been achieved. As such, the Tribunal scheduled a Third CMC to take place on Wednesday, October 16, 2024, at 10 a.m. by video hearing.
13On the applicable dates, the Parties are to use the following coordinates:
Wednesday, October 16, 2024, at 10 a.m. (One-day Third CMC Hearing)
GoToMeeting: https://global.gotomeeting.com/join/709076365
Access code: 709-076-365
Audio-only line: (Toll-Free) 1-888-299-1889 or +1 (647) 497-9373
Audio-only Access code: 709-076-365
Monday, March 24, 2025, to Wednesday, April 23, 2025 at 10 a.m. (20-day Merit Hearing, excluding April 7, 18, and 21, 2025)
GoToMeeting: https://global.gotomeeting.com/join/914098901
Access code: 914-098-901
Audio-only line: (Toll-Free) 1-888-299-1889 or +1 (647) 497-9373
Audio-only access code: 914-098-901
14Parties 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. Parties 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
15Persons 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. The details to call into the event are noted above in paragraph [13].
16Individuals 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
17The TRIBUNAL ORDERS as follows:
a. The Procedural Order and Issues List are to be provided to the Tribunal by no later than Friday, May 31, 2024.
b. A Third Case Management Conference is scheduled to take place by video hearing as set out above in this Decision. The Parties are to provide a status update to the Tribunal’s Case Coordinator by Wednesday, October 9, 2024.
c. The hearing in this matter is scheduled to take place by Video Hearing as set out above in this Decision.
18The Member is not seized but may be contacted through the Case Coordinator should procedural issues arise.
“Bita M. Rajaee”
BITA M. RAJAEE
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.