Ontario Land Tribunal
ISSUE DATE: May 31, 2024
CASE NO(S).: OLT-23-001095
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: Sobeys Capital Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit a stacked townhouse development containing six blocks and a total of 114 dwelling units
Reference Number: D09-03-23
Property Address: 135 Coronation Drive
Municipality/UT: Port Colborne/Niagara
OLT Case No.: OLT-23-001095
OLT Lead Case No.: OLT-23-001095
OLT Case Name: Sobeys Capital Inc. v. Port Colborne (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: Sobeys Capital Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a stacked townhouse development containing six blocks and a total of 114 dwelling units
Reference Number: D14-04-23
Property Address: 135 Coronation Drive
Municipality/UT: Port Colborne/Niagara
OLT Case No.: OLT-23-001096
OLT Lead Case No.: OLT-23-001095
Heard: May 8, 2024 by Video Hearing
Parties and Counsel
Sobeys Capital Inc. J.C.M. Fraser / A. Skinner (in absentia)
City of Port Colborne S. Premi / T. Richardson (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY CARMINE TUCCI ON MAY 8, 2024 AND ORDER OF THE TRIBUNAL
1On May 8, 2024, the Tribunal held a second Case Management Conference (“CMC”) in respect of the matters and to receive updates from the Parties.
2On consent, the Tribunal was informed that the Parties have made progress towards a possible resolution.
3Collectively, the Parties informed the Tribunal that from the date of the first CMC of March 5, 2024, they have further scoped the presented Issues List though some matters do still exist.
4The Parties advised the Tribunal that they will jointly continue to progress to possibly resolve all outstanding issues from the Issues List.
5The Tribunal was asked to maintain the scheduled commencing date of Monday, August 26, 2024 for a hearing on the merits of the appeals or to possibly present a Settlement resolution.
There is no further notice.
6The Member is not seized.
“Carmine Tucci”
CARMINE TUCCI 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.