Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 30, 2024
CASE NO(S).: OLT-22-004828
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: The Elia Corporation
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: An official plan amendment is required to permit the proposed density of the development
Reference Number: OZ/OPA 21/008 W4 & T-M 21/003 W4
Property Address: 4615 Hurontario Street, 136 Eglinton Avenue East, and 25, 35, 55, 105 and 110 Elia Avenue
Municipality/UT: Mississauga/ Region of Peel
OLT Case No.: OLT-22-004828
OLT Lead Case No.: OLT-22-004828
OLT Case Name: The Elia Corporation v. Mississauga (city)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: The Elia Corporation
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: A zoning bylaw amendment is required to permit the proposed development
Reference Number: OZ/OPA 21/008 W4 & T-M 21/003 W4
Property Address: 4615 Hurontario Street, 136 Eglinton Avenue East, and 25, 35, 55, 105 and 110 Elia Avenue
Municipality/UT: Mississauga/ Region of Peel
OLT Case No.: OLT-22-004829
OLT Lead Case No.: OLT-22-004828
OLT Case Name: The Elia Corporation v. Mississauga (City)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: The Elia Corporation
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: Development proposes 8 apartment buildings ranging in height from 28-storeys to 42-storeys with ground related commercial uses, a 45-storey mixed use building and 8 blocks of town houses
Reference Number: OZ/OPA 21/008 W4 & T-M 21/003 W4
Property Address: 4615 Hurontario Street, 136 Eglinton Avenue East, and 25, 35, 55, 105 and 110 Elia Avenue
Municipality/UT: Mississauga/ Region of Peel
OLT Case No.: OLT-22-004830
OLT Lead Case No.: OLT-22-004828
OLT Case Name: The Elia Corporation v. Mississauga (City)
Heard: March 21, 2024 by video hearing (“VH”)
APPEARANCES:
Parties
Counsel
The Elia Corporation (“Elia”)
I. Kagan S. Kagan D. Pateman
City of Mississauga (“City”)
M. Joblin A. Whyte
Peel District School Board (“PDSB”)
J. Lesage
MEMORANDUM OF ORAL DECISION DELIVERED BY WILLIAM R. MIDDLETON AND ORDER OF THE TRIBUNAL
1This was the first stage of a hearing convened at the request of the Parties pursuant to Rule 12 of the Ontario Land Tribunal’s Rules of Practice and Procedure in respect of a settlement reached between the Parties which the Tribunal was advised has received City Council approval. Pursuant to this advice, all dates for the hearing of this appeal have been vacated on the Tribunal’s calendar. The previous history and background of this appeal has been summarized in the past Decisions and Orders made by the Tribunal and need not be reiterated here.
2The City Council in approving the settlement considered and endorsed a concept plan which was one of the ultimate outcomes of a successful mediation held before the Tribunal’s Mediation group. However, the Parties had not yet had enough time prior to the VH to finalize the various planning instruments that will express the full terms of the settlement reached.
3Therefore, counsel for all Parties agreed that although certain evidence was tendered at the VH, they would not be requesting any Interim Order or other Order with respect to the settlement. Within approximately 90 days of the VH, the Parties expected to submit further draft or final planning instruments and a proposed Order for consideration of the Tribunal.
4In light of the above, the Tribunal has decided to issue only this brief Decision and Order to reflect the status of this matter and the fact that a settlement has been reached. The evidence presented at the VH, together with any supplementary evidence and submissions made by the Parties when they deliver the completed planning instruments will be described and considered in a future Decision of this Tribunal in accordance with the exercise of its mandate to consider the formal approval of the settlement.
ORDER
5THE TRIBUNAL ORDERS THAT:
(a) The Parties are to submit further materials in connection with the settlement by June 30, 2024, including all planning instruments to be approved on an interim or final basis by this Tribunal (“Instruments”);
(b) In the event that the Parties have been unable to complete the Instruments by June 30, 2024, they shall provide a status update to the Tribunal on this matter;
(c) All dates formerly scheduled for the hearing of this appeal have been vacated; and
(d) This Vice-Chair shall remain seized of this proceeding and shall be available to assist the Parties with the final resolution of the settlement.
“William R. Middleton”
WILLIAM R. MIDDLETON
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.