Ontario Land Tribunal / Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 10, 2024
CASE NO(S).: OLT-23-000243
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: 154775 Canada Inc.
Appellant: 11034936 Canada Inc. ("Brigil")
Appellant: Forum Asset Management
Appellant: Loblaw Companies Limited
Appellant: Sisters of Charity
Appellant: Zena Investment Corporation
Subject: Proposed Official Plan Amendment No. 2023-48
Description: To amend Official Plan for the City of Ottawa to add the Orleans Corridor Secondary Plan
Reference Number: D01-01-22-0008
Municipality: City of Ottawa
OLT Case No.: OLT-23-000243
OLT Lead Case No.: OLT-23-000243
OLT Case Name: 154775 Canada Inc., et al. v. Ottawa (City)
Heard: June 25, 2024, by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| 154775 Canada Inc. | Alice Milhailescu |
| 11034936 Canada Inc (“Brigil”) | Jacob Polowin |
| Sisters of Charity of Ottawa | Jacob Polowin |
| Forum Asset Management | Johanna Shapira |
| Loblaw Companies Limited | Laura Robinson |
| Zena Investment Corporation and Myers Youville Development Corp. | Greg Meeds |
| City of Ottawa | Garett Schromm |
| SDLP 1887 Orleans Ltd. | Jacob Polowin |
MEMORANDUM OF ORAL DECISION DELIVERED BY G. ROSS AND D. CHIPMAN, ON JUNE 25, 2024, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal convened a fourth Case Management Conference (“CMC”) in respect of the appeals filed by 1544775 Canada Inc., Brigil, Sisters of Charity of Ottawa, Forum Asset Management, Loblaw Companies Limited (“Loblaw”), Zena Investments Corporation, and Myers Youville Development Corp., SDLP 1887 Orleans Ltd. (collectively the “Appellants”) pursuant to s. 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended against the adoption by the City of Ottawa (“City”) of Official Plan Amendment No. 3 (Orleans Corridor Secondary Plan).
HEARING CONTEXT
2The Tribunal received notice that Denise Menard (8899 Jeanne D'Arc Boulevard), has withdrawn as a Party to the proceedings and no costs are being sought.
3With the benefit of an agenda supplied by the City, the Tribunal heard a status update and discussed steps forward for each of the remaining appeals.
4The Tribunal was informed that Guibord (3403 St. Joseph Boulevard) has not reached a resolution with the City. The Parties requested that a three-day hearing be scheduled based on the number of witnesses anticipated to provide evidence. A three-day merit hearing has been scheduled to commence on Monday, February 10, 2025, at 10 a.m. by video hearing. The draft Procedural Order (“PO”) and Issues List will be updated and submitted to the Case Coordinator on or before Friday, July 26, 2024, for the Tribunal’s review and approval.
5The Tribunal heard that a Settlement between the City and Loblaw (1301 Trim Road 975/Old Montreal Road) has been reached. The Parties requested a one-day Settlement hearing which will commence on Thursday, August 8, 2024, at 10 a.m. by video hearing. The Parties agreed to provide the Case Coordinator with the Settlement materials no later than Thursday, July 25, 2024, in preparation for the hearing.
6Forum X (Orleans Town Centre lands) and the City informed the Tribunal that the Parties have reached an agreement in principle and are preparing documentation that may lead to a Settlement of this appeal. The Parties requested this appeal to be held in abeyance until a status update can be provided, as there are many facets in play through private and public partnerships relating to this site. Having been advised that there will be a new plan for the site forthcoming and understanding the need for time to process said plans, the Tribunal agreed to hold this appeal in abeyance and requested that a status update be provided by end of year 2024. Should there be a Settlement agreement reached, the Parties are directed to request a one-day Settlement hearing through the Case Coordinator.
7Counsel for the Sister's of Charity of Ottawa, (1754 St. Joseph Blvd.), informed the Tribunal that the Parties are continuing to negotiate a Settlement and are optimistic that they will arrive at a resolution resulting in the possible withdrawal of the appeal in late October 2024. Should Settlement negotiations not be successful, Counsel requested that they be included in the CMC being scheduled for Tuesday, December 3, 2024 (see paragraph below) to ensure their issues are identified in the PO moving forward to a merit hearing.
8Counsel for Youville District (Meyers + Zena), Sobeys and Brigil, (8600 Jeanne D'Arc) all reported that productive Settlement discussions are ongoing with the City. A request was made for a further CMC in the later part of November/December 2024 to be scheduled to permit the discussions to continue. The Tribunal secured a one-day CMC which will commence on Tuesday, December 3, 2024, at 10 a.m. by video hearing.
SUMMARY OF HEARINGS SCHEDULED
9A three-day merit hearing has been scheduled for the Guibord (3403 St. Joseph Boulevard) appeal on Monday, February 10, 2025, at 10 a.m. by video hearing:
GoToMeeting: https://global.gotomeeting.com/join/914098901
Access Code: 914-098-901
Audio-Only Telephone: (Toll-Free) + 1-888-299-1889 or +1 (647) 497-9373
Audio-Only Access Code: 914-098-901
10A one-day Settlement Hearing will commence for the Loblaw (1301 Trim Road 975/Old Montreal Road) appeal on Thursday, August 8, 2024, at 10 a.m. by video hearing:
GoToMeeting: https://global.gotomeeting.com/join/687587165
Access Code: 687-587-165
Audio-Only Telephone: (Toll-Free) +1-888-299-1889 or +1 (647) 497-9373
Audio-Only Access Code: 687-587-165
11A one-day CMC will commence for the Youville District (Meyers + Zena), Sobeys, Brigil, (8600 Jeanne D'Arc) and the Sister's of Charity of Ottawa appeals on Tuesday, December 3, 2024, at 10 a.m. by video hearing.
GoToMeeting: https://global.gotomeeting.com/join/979388733
Access Code: 979-388-733
Audio-Only Telephone: (Toll-Free) + 1-888-299-1889 or +1 (647) 497-9373
Audio-Only Access Code: 979-388-733
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.
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 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.
15Mr. Trudel, Counsel on behalf of the Participants, questioned how the Participant’s concerns will be addressed moving forward through the above noted hearings. The Tribunal assured Mr. Trudel that the concerns raised in the Participant statements will be considered and weighted accordingly by the Tribunal at each of the hearings.
16The Tribunal inquired as to whether there were any other matters to be addressed that might assist in the fair, just, and expeditious resolution of this matter. The Parties indicated that there were none.
ORDER
17THE TRIBUNAL ORDERS the above noted hearings are to commence as scheduled above.
18No further notice is required.
19The Panel may be contacted for assistance through the Case Coordinator should the need arise.
“G. Ross”
G. ROSS
MEMBER
“D. Chipman”
D. CHIPMAN
MEMBER
Ontario Land Tribunal
Website: 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.