Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 01, 2024
CASE NO(S).: OLT-23-000161
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 115 Bridgeport Inc. and 1648386 Ontario Ltd.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the development of a mixed-use residential and commercial development
Reference Number: OPA 40
Property Address: 109, 115, 133 Bridgeport Road E and 30 Weber Street N
Municipality/UT: City of Waterloo
OLT Case No.: OLT-23-000161
OLT Lead Case No.: OLT-23-000161
OLT Case Name: 115 Bridgeport Inc. and 1648386 Ontario Ltd. v. Waterloo (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 115 Bridgeport Inc. and 1648386 Ontario Ltd.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of a mixed-use residential and commercial development
Reference Number: Z-22-10
Property Address: 109, 115, 133 Bridgeport Road E and 30 Weber Street N
Municipality/UT: City of Waterloo
OLT Case No.: OLT-23-000162
OLT Lead Case No.: OLT-23-000161
PROCEEDING COMMENCED UNDER subsection 10(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6
Request by: 115 Bridgeport Inc. and 1648386 Ontario Ltd
Request for: Request for Directions
Heard: April 19, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel
115 Bridgeport Inc. and 1648386 Ontario Ltd.
J. Meader
City of Waterloo
S. Smith
Regional Municipality of Waterloo
A. Gazzola
F. McCrea (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED ON APRIL 19, 2024 BY S. BRAUN AND ORDER OF THE TRIBUNAL
1This was the second Case Management Conference (“CMC”) held for the purpose of organizing appeals by 115 Bridgeport Inc. and 1648368 Ontario Ltd. (“Applicant”/“Appellant”) from the failure of the City of Waterloo (“City”) to decide on applications for an Official Plan Amendment and Zoning By-law Amendment for 109, 115, 133 Bridgeport Road East and 30 Weber Street North (“Subject Lands”).
2The appeals were originally scheduled to be heard over 14 days beginning on February 20, 2024, but in light of the submission of a revised proposal which required review by the approval authority, the hearing was adjourned at the request of the Parties. The purpose of this CMC was to receive an update from the Parties and, if necessary, reschedule the matter for a hearing. Out of an abundance of caution, fresh Notice of today’s hearing event was served and a new Affidavit of Service, sworn by Wendy Fisher on April 18, 2024, was submitted confirming that Notice of this CMC was properly given. No further Notice is required.
3In response to the Notice, the Tribunal received no written requests for status of any kind and no individuals appeared at the hearing event seeking status. Accordingly, the Appeal will proceed with the involvement and participation of only the above-mentioned Parties.
4The Tribunal raised the issue of opportunities for settlement, including the use of Tribunal-assisted mediation, and was advised that although settlement discussions had been pursued, they are currently on hold. The Parties remain open to having further discussions in the future and while they are aware of the availability of Tribunal-assisted mediation, they do not anticipate requiring same. Notwithstanding the foregoing, the Parties are aware that, should they wish to avail themselves of that resource in the future, they may do so with the assistance of the assigned Case Coordinator.
5At the request of the Parties, the Tribunal scheduled the matters for a 14-day video hearing which will commence at 10 a.m. on Monday, March 17, 2025. Parties 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
6Parties 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.
7Persons 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: +1 (647) 497-9391 or (Toll-Free) 1-888-455-1389. The access code is 278-736-685.
8Individuals 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.
9Although a draft Procedural Order (“PO”) and detailed Issues List (“IL”) were provided in advance of the CMC, the Tribunal directed minor revisions thereto. Counsel for the Applicant undertook to revise and resubmit a draft PO and IL for the Tribunal’s review and approval no later than Friday, May 3, 2024.
10The Tribunal inquired as to whether there were any other matters to be addressed which might assist in the fair, just and expeditious resolution of this matter. The Parties indicated there were none.
11There will be no further notice and this Member is not seized but may be available for case management subject to availability in the Tribunal’s calendar.
12It is so ordered.
“S. Braun”
S. Braun
VICE-CHAIR
Ontario Land Tribunal
Website: 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.