Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 31, 2024
CASE NO(S).: OLT-23-001206
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Legion Heights Hespeler Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit 5 mixed-use, high-rise buildings with a maximum of 1,366 dwelling units, and approximately 9,200 sq. m of office and commercial.
Reference Number: OR06/22
Property Address: 506-510 Hespeler Road, 516 Hespeler Road and 1000 Langs Drive
Municipality/UT: Cambridge/Waterloo
OLT Case No.: OLT-23-001206
OLT Lead Case No.: OLT-23-001206
OLT Case Name: Legion Heights Hespeler Inc. v. Cambridge (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Legion Heights Hespeler Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit 5 mixed-use, high-rise buildings with a maximum of 1,366 dwelling units, and approximately 9,200 sq. m of office and commercial.
Reference Number: OR06/22
Property Address: 506-510 Hespeler Road, 516 Hespeler Road and 1000 Langs Drive
Municipality/UT: Cambridge/Waterloo
OLT Case No.: OLT-23-001207
OLT Lead Case No.: OLT-23-001206
OLT Case Name: Legion Heights Hespeler Inc. v. Cambridge (City)
Heard: May 27, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel
Legion Heights Hespeler Road Inc.
Ira Kagan Douglas Pateman Sarah Kagan (in absentia)
City of Cambridge
Nicole Auty Sylvain Rouleau Raj Kehar (in absentia)
Region of Waterloo
Fiona McCrea
Air Liquide Canada Inc.
Jonathan Cheng Donya Yarahmadi (in absentia) Calvin Lantz (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED ON MAY 27, 2024 BY G.A. CROSER AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the second Case Management Conference (“CMC”) with respect to Legion Heights Hespeler Road Inc.’s (“Applicant”) appeals of the failure of the City of Cambridge to make a decision within the statutory timeframe for an Official Plan Amendment and Zoning By-law Amendment to facilitate the redevelopment of the properties known municipally as 506 – 510 Hespeler Road, 516 Hespeler Road and 1000 Langs Drive.
2At the first CMC heard on Thursday, March 14, 2024, the Tribunal was not disposed to set Hearing dates for this matter without clarity with respect to the Issues List (“IL”) and Procedural Order (“PO”). The Parties were directed to produce a draft PO, which was to be filed with the Tribunal before the second CMC.
3The Parties provided the Tribunal with both an IL and draft PO in advance of the CMC and are to be commended for working cooperatively to prepare these documents within a short timeframe. It is the position of all Parties that, as there may be over 12 expert witnesses called at the Merit Hearing, 20 days would be necessary for the Hearing event. Ira Kagan, Counsel for the Applicant, agreed to provide the Tribunal with an updated PO populated with the necessary dates once the Merit Hearing was scheduled.
4The Parties were reminded that Tribunal led mediation was available if it would assist the Parties in scoping the IL or resolving the appeal. If the Parties wish to engage in Tribunal-led mediation, then they are directed to contact the Case Coordinator.
PRE-HEARING TELEPHONE CONFERENCE CALL
5The Tribunal scheduled a pre-hearing Telephone Conference Call (“TCC”) in advance of the Merit Hearing. The Parties are to jointly provide a brief written status report to the Tribunal on or before the TCC, confirming the total number of days required for the Hearing, supported by a preliminary outline of a workplan setting out the anticipated order and schedules of witnesses, and any anticipated preliminary Motions or matters. If a Settlement is achieved, or if any issues are resolved allowing for a reduction in the number of days for the Hearing, the Parties will advise the Tribunal accordingly so that the Hearing dates may be released from the Tribunal’s calendar.
6A Status Hearing will commence by TCC on Friday, June 27, 2025 at 9 a.m. with the following dial-in instructions:
7Individual(s) are directed to call 416-212-8012 or Toll Free +1-866-633-0848 on the assigned date at the correct time. When prompted, enter the code 4779874 to be connected to the call. It 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.
HEARING
8The Tribunal set a 20-day Merit Hearing commencing on Tuesday, September 2, 2025 at 10 a.m. and ending on Monday, September 29, 2025.
9Parties 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://global.gotomeeting.com/join/927921077
Access Code: 927-921-077
10Parties 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 at: https://app.gotomeeting.com/home.html
11Persons 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) 1-888-299-1889. The Access Code is as indicated above.
12Individuals 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
13THE TRIBUNAL ORDERS THAT:
a. A one-day Telephone Conference Call is scheduled to take place on Friday, June 27, 2025 at 9 a.m.
b. A 20-day Merit Hearing is scheduled to take place via Video Hearing commencing on Tuesday, September 2, 2025, at 10 a.m.
14The Member is not seized but will remain available for continued case management to the extent that the Tribunal calendar permits.
“G.A. Croser”
G.A.CROSER
MEMBER
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.