Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 28, 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: May 17, 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 | M. Joblin |
| 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 MAY 17, 2024 AND ORDER OF THE TRIBUNAL
1Ahmed Group (1000 Dundas St. E.) Inc. and Ahmed Group (1024 Dundas St. E.) Inc. (“Applicant”) appealed 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. The relevant background and procedural history to these Appeals are summarized in previous Decisions of this Tribunal issued on April 9, 2024, and May 10, 2024, respectively.
2The Parties appeared today to provide the Tribunal with an update in relation to ongoing challenges associated with the Applicant’s need for access to the premises and data of Mother Parkers Tea and Coffee Inc. (“Mother Parkers”). Such access is necessary for the completion of technical work relating to potential land use compatibility issues, which is required for the Parties to either pursue meaningful settlement discussions or proceed to a Hearing on the merits. At the last Case Management Conference (“CMC”), the Tribunal scheduled Written Motions in relation to the aforementioned issues and set out a schedule of deliverable deadlines for the submission of the Parties’ materials.
3Messrs. Van Loan and Tang explained that their respective clients had reached an agreement which resolves the issue of access to the premises and data of Mother Parkers, obviating the need for the previously scheduled Motions. Accordingly, they requested the release of the dates set aside for the hearing of those Motions.
4In addition to the foregoing, the Tribunal was advised, by way of a letter from the President of the Dundas Landowners’ Association (“DLA”), that it wished to withdraw as a Party from these Appeals. The withdrawal was prompted by the resolution to the issue of access reached between the Applicant and Mother Parkers. No issues were raised by any of the remaining Parties with the withdrawal of the DLA from the proceedings.
5In light of the agreement between Mother Parkers and the Applicant, the Parties expressed cautious optimism that a settlement of the matters under appeal might be forthcoming. Should the Parties wish to avail themselves of the resource of Tribunal-led mediation to assist in this regard, they are reminded that they may contact the assigned Case Coordinator to schedule a mediation assessment.
6Given uncertainty with respect to the amount of time required for: the Applicant to fulfill certain agreed-upon preconditions to gain access to Mother Parkers’ facilities and data; technical reports to be completed once provided with such access; and for the City to complete its review of the technical reports once completed, the Tribunal will not schedule a further CMC at this time. Instead, these Appeals will be held in abeyance, pending receipt of a Notice of Readiness from one or more of the Parties indicating a wish to either: reconvene a further CMC for the purposes of constructive case management of these Appeals, or for the Tribunal to consider a draft Procedural Order and Issues List and/or a request to schedule Hearing on the merits or a Settlement Hearing.
7In the interest of ensuring the proceedings continue to progress in as timely a manner as possible, the Parties were directed to provide an email status update to the assigned Case Coordinator, advising of their progress in relation to the matters discussed above in paragraph [6], no later than Wednesday, July 31, 2024. Following receipt of same, the Tribunal may direct further updates at dates to be determined with the input of the Parties.
ORDER
8THE TRIBUNAL confirms the withdrawal of the Dundas Landowners’ Association as a Party to these Appeals;
9THE TRIBUNAL ORDERS that the previously scheduled dates for the Hearing of Written Motions are hereby released from the Tribunal’s calendar;
10THE TRIBUNAL directs that these Appeals are held in abeyance until such time as a Notice of Readiness is received, indicating that some or all of the Parties are ready to attend before the Tribunal for the purposes of one or more of the following:
a. Convening a further Case Management Conference for the purposes of additional case management of the Appeals; or
b. Considering the form of a draft Procedural Order and Issues list and/or to schedule Hearing on the merits or a Settlement Hearing.
11THE TRIBUNAL ORDERS that the Parties shall, by way of an email, provide a status update to the assigned Case Coordinator no later than Wednesday, July 31, 2024.
12This Member will remain available for further case management, if necessary, subject to availability in the Tribunal’s calendar.
“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.