Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 04, 2024
CASE NO(S).: OLT-24-000064
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Sheridan Retail Inc. Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To permit two 15-storey apartment buildings with a total of 620 units Reference Number: OZ/OPA 23-4 W8 Property Address: 2225 Erin Mills Parkway Municipality/UT: City of Mississauga / Region of Peel OLT Case No.: OLT-24-000064 OLT Lead Case No.: OLT-24-000064 OLT Case Name: Sheridan Retail Inc. 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: Sheridan Retail Inc. Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit two 15-storey apartment buildings with a total of 620 units Reference Number: OZ/OPA 23-4 W8 Property Address: 2225 Erin Mills Parkway Municipality/UT: City of Mississauga / Region of Peel OLT Case No.: OLT-24-000065 OLT Lead Case No.: OLT-24-000064 OLT Case Name: Sheridan Retail Inc. v. Mississauga (City)
Heard: May 24, 2024, by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Sheridan Retail Inc. ("Applicant") | Michael Nemanic Giouzelin Mutlu |
| City of Mississauga ("City") | Chantal deServille |
| Regional Municipality of Peel ("Region") | Rachel Godley |
MEMORANDUM OF ORAL DECISION DELIVERED BY N. Allam and JEAN-PIERRE BLAIS ON May 24, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Applicant seeks to develop a site municipally known as 2225 Erin Mills Parkway in the City to construct two 15-storey condominium apartment buildings containing 620 units and 713 parking spaces.
2To this end, the Applicant had applied for an Official Plan (“OPA”) and for a Zoning By-law Amendment (“ZBA”). The Appeals are brought pursuant to sections 22(7) and 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, due to the City’s refusal of the OPA and ZBA.
3On Friday, May 24, 2024, the Tribunal held its first Case Management Conference (“CMC”) to organize the appeal, address status requests and establish the next steps in this proceeding.
NOTICE
4There were no issues raised with service of Notice of the CMC and as such, no further notice is required. The Tribunal was in receipt of the Affidavit of Service of Notice of the CMC sworn on April 24, 2024, which was marked as Exhibit 1 to this CMC.
STATUS REQUEST
5The Tribunal received a written request for Party Status from the Region, the upper-tier municipality. The Region currently has outstanding issues with respect to servicing, traffic and waste. The Region intends to present evidence from one or more experts to assist the Tribunal, while being efficient and avoiding duplication. The Applicant and the City consented to adding the Region as a Party. The Tribunal directed that the Regional Municipality of Peel be added as a Party.
6The Tribunal was also in receipt of two requests for Participant status from Loan La and Brenton Chen. The Applicant consented to adding them as Participants and the City and the Region did not object. The Tribunal directed that Loan La and Brenton Chen be granted Participant status.
OPPORTUNITIES FOR SETTLEMENT
7Counsel for the Parties advised that they are engaged in Tribunal-assisted mediation.
8The Parties are directed to advise the Tribunal, as soon as possible, of any settlement, and are encouraged to narrow the issues.
NEXT STEPS
9A draft Procedural Order was provided by the Applicant to the Tribunal prior to the CMC. However, the draft did not include an Issues List.
10Counsel for the Applicant submitted that the Tribunal should set a date for a second CMC, as well as setting a 10-day Merit Hearing in 2025. Having heard from the Parties, and given the ongoing Tribunal-assisted mediation, the absence of an Issues List and the uncertainty as to the number of experts that would be heard, the Tribunal concluded that it would be premature to set dates for a Merit Hearing.
11Accordingly, the Tribunal directed that a second CMC be set for 10 a.m. on Friday, August 2, 2024 by Video Hearing. At the second CMC, the Parties are expected to update the Tribunal on the status of the proceeding. In particular, the Parties are to provide a complete Procedural Order, including an Issues List. The City and the Region are directed to provide the Applicant with their respective Issues List by Friday, July 12, 2024.
12Parties 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.
https://global.gotomeeting.com/join/519389173
The Access code: 519-389-173
13Parties 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.
14Individuals 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: (Toll-Free) 1-888-299-1889 or +1 (647) 497-9373. The Access Code is 519-389-173.
15Individuals 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
16THE TRIBUNAL ORDERS its directions in this Decision.
“Nehad Allam”
NEHAD ALLAM MEMBER
“Jean-Pierre Blais”
JEAN-PIERRE BLAIS 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.