Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 10, 2024
CASE NO(S).: OLT-23-000075
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Ahmed Group (1000 Dundas St. E.) Inc. & Ahmed Group (1024 Dundas St. E.) Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the redevelopment of the property for a 4 storey, 16 storey, & 20 storey mixed use building with at grade commercial use
Reference Number: OZ/OPA 22-18 W1
Property Address: 1000 & 1024 Dundas Street East
Municipality/Upper Tier: City of Mississauga/Region of Peel
OLT Case No.: OLT-23-000075
OLT Lead Case No.: OLT-23-000075
OLT Case Name: Ahmed Developments Inc. Et al. v. Mississauga (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Ahmed Group (1000 Dundas St. E.) Inc. & Ahmed Group (1024 Dundas St. E.) Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the redevelopment of the property for a 4 storey, 16 storey, & 20 storey mixed use building with at grade commercial use
Reference Number: OZ/OPA 22-18 W1
Property Address: 1000 & 1024 Dundas Street E.
Municipality/UT: City of Mississauga/Region of Peel
OLT Case No.: OLT-23-000076
OLT Lead Case No.: OLT-23-000075
Heard: April 29, 2024 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Ahmed Group (1000 Dundas St. E.) Inc. and Ahmed Group (1024 Dundas Street E.) Inc. | P. Van Loan |
| City of Mississauga | B. Ruddick M. Joblin (in absentia) |
| Mother Parkers Tea and Coffee Inc. | D. Tang J. White |
| Dundas Landowners’ Association | M. Laskin (in absentia) |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. BRAUN ON APRIL 29, 2024 AND ORDER OF THE TRIBUNAL
1This Decision and Order arise out of a Case Management Conference (“CMC”) in relation to appeals by Ahmed Group (1000 Dundas St. E.) Inc. and Ahmed Group (1024 Dundas St. E.) Inc. (“Applicant”) against the failure of the City of Mississauga (“City”) to make decisions on applications for an Official Plan Amendment and Zoning By-law Amendment in relation to 1000 and 1024 Dundas Street East (“Subject Properties”). The relevant background and procedural history to these appeals are summarized in the Tribunal’s decision issued on April 9, 2024 which followed a Telephone Case Conference (“TCC”) held on April 5, 2024.
2The purpose of today’s CMC was for the Tribunal to receive an update on the Parties’ efforts to arrive at an agreement which would resolve challenges associated with allowing the Applicant access to sensitive information in relation to the operations of Mother Parkers Tea and Coffee Inc. (“Mother Parkers”). The Applicant requires access to the physical premises and data of Mother Parkers in order to complete technical work necessary to allow these matters to proceed to a Hearing. The Parties advised that discussions remain ongoing and, while they remain cautiously optimistic that they will be able to reach a resolution to this issue, more time is required.
3At the April 5, 2024 TCC, the dates of Tuesday May 21, 2024 and Wednesday May 22, 2024 were reserved for the hearing of any necessary motions in relation to the foregoing issue. However, as a result of the need to provide the Parties more time to pursue discussions, scheduling constraints within the Tribunal’s calendar requiring the any necessary motion(s) to be heard on May 16 and May 17, 2024, the complex subject matter of any necessary motion(s), and what would have resulted in unmanageable timelines for the Parties to submit written motion materials in advance of the hearing of same on May 16 and May 17, 2024, the Parties requested that all currently scheduled dates be released and alternative dates for the hearing of two days of motions be set aside on the calendar.
4In an effort to respect the hearing calendar, the Tribunal ordered any necessary motion(s) to proceed in writing, with the following schedule of deliverable deadlines for the submission of motion materials:
- Applicant’s Notice of Motion to be served no later than Tuesday May 21, 2024;
- Response to Motion by Mother Parkers (and, if necessary, the City) to be served no later than Thursday, May 30, 2024; and
- Applicant’s Reply (if necessary) to be served no later than June 4, 2024.
5The Parties requested the opportunity to make an appearance by video following the submission of motion materials in the unlikely event the Tribunal requires clarification or further submissions on any of the issues raised. Should such an appearance be necessary, the assigned case Coordinator will work with the Parties to arrange a date.
6The Parties further requested the scheduling of a brief appearance at 9:00 a.m. on Friday, May 17, 2024, the purpose of which will be to advise the Tribunal if they have been able to arrive at a resolution to the issue of access to Mother Parkers’ premises and data, rendering a motion(s) unnecessary and to discuss setting the matters back on a course that will ensure effective, efficient and timely dispute resolution, while demonstrating respect for the Tribunal’s calendar. Such discussions will include anticipated timelines for the Applicant to complete necessary technical work and for the City to review same, as well as anticipated dates the Parties will be ready to proceed to a Hearing.
7Given technological/audio difficulties experienced by the Parties when participating in previous Telephone Conference Calls, the Tribunal scheduled the foregoing update to be held by way of Microsoft Teams:
Meeting ID: 275 837 254 013 Passcode: WwCFnm
8It is the responsibility of the person(s) participating in the call to ensure that they are properly connected to the call, and at the correct time. Questions prior to the call may be directed to the Tribunal’s Case Coordinator having carriage of this case.
9Any necessary motion(s) on the issue of permitting the Applicant to access the premises and data of Mother Parkers will proceed in writing with deliverable deadlines for materials, as set out in paragraph [4] above.
ORDER
10The Tribunal so orders and provides the foregoing directives for the purposes of case managing these appeals.
“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.