Cytec Canada Inc. v. Niagara Falls (City), 2024 CanLII 62427

ISSUE DATE: June 24, 2024

CASE NO(S).: OLT-23-000906 OLT-23-000937

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: Cytec Canada Inc.

Subject: By-law No. 2023-078

Description: To implement a residential plan of subdivision consisting of 498 dwelling units

Reference Number: AM-2023-007

Property Address: 9304 McLeod Road

Municipality/UT: Niagara Falls/Niagara

OLT Case No.: OLT-23-000906

OLT Lead Case No.: OLT-23-000906

OLT Case Name: Cytec Canada Inc. v. Niagara Falls (City)

Heard: June 12, 2024 by Video Hearing

APPEARANCES:

Parties

Counsel

800460 Ontario Ltd

Tom Richardson Sara Premi

Cytec Canada Inc.

Al Burton

2610832 Ontario Inc.

Meredith Baker

City of Niagara Falls

Paul DeMelo

Regional Municipality of Niagara

Alexander Suriano

MEMORANDUM OF ORAL DECISION DELIVERED BY A. SNOWDON AND HUGH S. WILKINS ON JUNE 12, 2024 AND ORDER OF THE TRIBUNAL

1A Motion Hearing was scheduled for June 12, 2024 relating to appeals brought by Cytec Canada Inc. (“Cytec”) pursuant to s. 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended (“Act”) and by Cytec Canada Inc. and 2610832 Ontario Inc. pursuant to s. 17(36) of the Act arising from an amendment to Zoning By-Law No. 2023-078 (“ZBA”) and Official Plan Amendment 147 (“OPA147”), respectively.

2As determined at a Case Management Conference (“CMC”) on March 7, 2024, the two sets of appeals are to be heard together but are not consolidated.

STATUS REQUESTS

3The Tribunal confirmed that 800460 Ontario Ltd. (“800460”) is a party to the appeals in both OLT-23-000906 and OLT-23-000937. It is a party to the ZBA appeal as the applicant and property owner. As OPA147 was a City of Niagara Falls (“City”) initiated amendment, 800460 sought and was granted Party status at a CMC in that proceeding on January 16, 2024.

PRODUCTION OF DOCUMENTS

4800460 filed a Motion seeking the production of documents from the City and Cytec in both sets of proceedings. The Motion was not heard, and instead the Parties discussed options for a pathway forward that would allow them to identify the documents to be exchanged.

5In order to move forward expeditiously, 800460 agreed to revise the scope of its document request by June 17, 2024.

6By July 11, 2024, Cytec will provide the other Parties with a list of the documents in its possession, power, or control that fall within the scope of 800460’s request for documents, including all such documents that appear relevant and indicating which ones are privileged or statute barred from production or contain confidential information that may need to be redacted.

7A CMC will be held on Thursday, July 18, 2024. This is the third CMC for the proceedings in OLT-23-000906 and the first CMC for OLT-23-000937. The CMC will deal with re-structuring the order of the Merit Hearings and finalizing the Issues Lists. At a prior CMC on March 7, 2024, the Merit Hearings were divided into three phases. The Parties will request that the order of Phases 2 and 3 be switched.

8800460 may request a new Motion Hearing at this CMC if the requests for documents from Cytec and the City are not resolved.

SCHEDULING

9The third CMC for the proceedings in OLT-23-000906 and the first CMC for OLT-23-000937 are scheduled for Thursday, July 18, 2024, at 10 a.m. by video conference.

10Parties are asked to log into the CMC at least 15 minutes before the start of the event to test their video and audio connections:

GoToMeeting: https://global.gotomeeting.com/join/638422541

Access code: 638-422-541

11Parties and observers 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.

12Persons 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) 497-9373 or (Toll-Free) 1-888-299-1889. The access code is the same as the access code noted above.

13Individuals 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 CMC 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

14The case management directives set out above are so ordered.

15No further notice is required, and the Panel is not seized.

“A. Snowdon”

a. snowdOn

member

“Hugh S. Wilkins”

HUGH S. WILKINS

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.