Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 06, 2024
CASE NO(S).:
OLT 23-000906 OLT 23-000937
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Cytec Canada Inc.
Subject: By-law No. 2023-078
Description: To implement a residential plan of subdivision consisting of 498 dwelling units
Reference Number: AM-2023-007
Property Address: 9304 McLeod Road
Municipality/UT: Niagara Falls/Niagara
OLT Case No.: OLT-23-000906
OLT Lead Case No.: OLT-23-000906
OLT Case Name: Cytec Canada Inc. v. Niagara Falls (City)
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Cytec Canada Inc. & 2610832 Ontario Inc.
Applicant: City of Niagara Falls
Subject: OPA 147
Description: Proposed modifications to implement the City’s Employment Lands Strategy
Reference Number: By-law No. 2023-037
Property Address: Employment Lands within the City of Niagara Falls
Municipality/UT: City of Niagara Falls / Region of Niagara
OLT Case No.: OLT-23-000937
OLT Lead Case No.: OLT-23-000937
OLT Case Name: Cytec Canada Inc. & 2610832 Ontario Inc. v. Niagara (City)
Heard: March 7, 2024 via video conference
APPEARANCES:
Parties
Counsel/Representative
Cytec Canada Inc.
Jeffrey Wilker and Al Burton
800460 Ontario Limited
Sara Premi and Tom Richardson
2610832 Ontario, Inc.
Nancy Smith
1000166643 Ontario Inc
Kevin Dias (Jonathan Minnes in absentia)
City of Niagara Falls.
Paul DeMelo
Regional Municipality of Niagara
John Pappas (Alexandro Suriano in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY SHARYN VINCENT ON MARCH 7, 2024 AND ORDER OF THE TRIBUNAL
1Cytec Canada Inc (“Cytec”) brought an appeal against the decision of the City of Niagara on the passing of By-law 2023-078, which rezones lands known municipally as 9304 McLeod Rd to permit residential, open space and environmental protection uses, subject to a holding provision. These uses are contemplated for the site pursuant to City of Niagara Falls Official Plan Amendment 147 (“OPA 147”), which designates lands and addresses policies relating to the conversion of employment lands to alternate uses. Cytec has also brought an appeal against OPA 147 in connection with the designation of the McLeod Road lands with a view to having the two related appeals heard together. Parties to the appeal of OPA 147 were determined at the Case Management Conference convened January 16th, 2024.
2This disposition sets out the organization of how these two appeals, together with appeals to OPA 147 by 2610832 Ontario Inc, in connection with lands known as 8970 and 9015 Stanley Ave. will proceed to hearing.
3The Parties are striving to organize the discrete but related appeals into a hearing comprised of three sequential phases, with variable participation, roughly as follows:
Phase 1: OPA 147 Policies under appeal (all Parties)
Phase 2: Site Specific issues related to 9015 Stanley appeal (2610832 Ontario Inc, 100016643 Ontario Inc, City, Region); and
Phase 3: Site Specific issues related to 9034 McLeod, (Cytec, 800460 Ontario Inc, City, Region)
4The Parties anticipate a total of 20 witnesses, and at this stage are requesting two weeks of hearing time for each phase, which would telescope from potentially six weeks as issues are scoped and/or efficiencies are realized and translated to the hearing work programme.
5As the Parties work collaboratively to articulate the issues specific to each phase, 2610832 has reserved the right to seek Party status to the Cytec appeal of By-law 2023-078, and similarly, and in anticipation of potential Motions to deal with preliminary matters such as production of Cytec documents and related confidentiality determinations, the Tribunal has been asked to reserve Motion dates at this time.
6Accordingly, the Tribunal scheduled possible Motions dates for Wednesday, June 12th and Thursday, June 13th, 2024, which will either be released if not required, or converted to a written Motion if the only matter to be determined is a request that specific documents be treated as confidential. A six week, three phase hearing was scheduled to commence Monday, March 24, 2025, running through to Friday, May 2, 2025. All Parties acknowledged that several hearing days would be lost during this time frame due to statutory holidays. The parties requested three weeks to finalize the draft Procedural Order (“PO”) and Issues Lists.
7The hearings are scheduled to proceed by video as follows:
Wednesday, June 12, 2024 at 10 a.m. GoTo Meeting: https://global.gotomeeting.com/join/638422541 Access code: 638-422-541 Audio-only telephone line: (Toll Free) 1-888-299-1889 or +1 (647) 497-9373 Monday, March 24, 2025 at 10 a.m. GoTo Meeting: https://meet.goto.com/370987861 Access code: 370-987-861 Audio-only line: (Toll Free) 1-888-455-1389 or +1 (647) 497-9391
8Parties and participants 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.
9Parties and participants 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
10Persons 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.
11Individuals 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
12THE TRIBUNAL ORDERS that the appeals will be heard together, sequentially at hearing events as set out in par. 6 to this decision.
13THE TRIBUNAL FURTHER ORDERS that 2610832 Ontario Inc. retains the right to seek Party status in the Phase 3 proceedings up until the time the PO and Issues list is issued by the Tribunal.
14No further notice is required and the Member is not seized other than to assist in resolving any impediments that may arise to the execution of this Order.
“Sharyn Vincent”
SHARYN VINCENT
VICE-CHAIR
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.