Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: July 16, 2024

CASE NO(S).: OLT-23-001031 OLT-24-000240

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended Applicant/Appellant: 1463292 Ontario Inc. Subject: Request to amend the Official Plan – Refusal of request Description: To permit the development of 57 new dwelling units Reference Number: OPA.1516.03 Property Address: 1020, 1024, 1028, 1032 and 1042 Sixth Line Municipality/UT: Oakville/Halton OLT Case No.: OLT-23-001031 OLT Lead Case No.: OLT-23-001031 OLT Case Name: 1463292 Ontario Inc. v. Oakville (Town)

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended Applicant/Appellant: 1463292 Ontario Inc. Subject: Application to amend the Zoning By-law – Refusal of application Reference Number: Z.1516.03 Property Address: 1020, 1024, 1028, 1032 and 1042 Sixth Line Municipality/UT: Oakville/Halton OLT Case No.: OLT-23-001032 OLT Lead Case No.: OLT-23-001031

PROCEEDING COMMENCED UNDER subsection 34.1(1) of the Ontario Heritage Act, R.S.O. 1990, c. O.18 Applicant/Appellant: Taylor Rogers Subject: Heritage Permit Application – Appeal of Refusal Description: Heritage Permit Application for alteration and removal of cultural heritage Reference Number: Hp039/23-42.20S Property Address: 1042 Sixth Line Municipality/UT: Town of Oakville OLT Case No.: OLT-24-000240 OLT Lead Case No.: OLT-24-000240 OLT Case Name: Rogers v. Oakville (Town)

PROCEEDING COMMENCED UNDER subsection 33(9) of the Ontario Heritage Act, R.S.O. 1990, c. O.18 Applicant/Appellant: Taylor Rogers Subject: Refusal/conditions of an application to alter a heritage designated property Description: Heritage Permit Application for alteration and removal of cultural heritage Reference Number: Hp039/23-42.20S Property Address: 1042 Sixth Line Municipality/UT: Town of Oakville OLT Case No.: OLT-24-000241 OLT Lead Case No.: OLT-24-000240

Heard: June 21, 2024, by Video Hearing

APPEARANCES:

Parties	Counsel
1463292 Ontario Inc.	M. Nemanic, G. Mutlu
City of Oakville	A. Biggart
Region of Halton	K. Yerxa

MEMORANDUM OF ORAL DECISION DELIVERED BY GEORGE POLITIS AND T.F. NG ON JUNE 21, 2024, AND ORDER OF THE TRIBUNAL

1The Tribunal convened a second Case Management Conference (“CMC”) with respect to the Appeal by 1463292 Ontario Inc. regarding appeals brought pursuant to subsections 22(7) and 34(11) of the Planning Act by 1463292 Ontario Inc. (“Appellant”), resulting from a refusal by the Town of Oakville (“Town”) of an Official Plan Amendment (“OPA”) and a Zoning By-law Amendment (“ZBA”) to permit the development of 57 new dwelling units at 1020,1024, 1028, 1032 and 1042 Sixth Line, in the Town.

2Michael Nemanic, Counsel for the Appellant, provided a brief overview with regards to the appeals. The overview included updates as to discussions regarding the deadlines for submission of a concept revision to the Draft Procedural Order. The Parties worked out the agreed deadlines. Mr. Nemanic requested consolidation of the OHA Appeal, under the Ontario Heritage Act subsections 34.1(1) and 33(9), with the Planning Appeals. The request was granted by the Panel as there were no objections from the Town or the Region of Halton (“Region”).

PARTY OR PARTICIPANT REQUESTS

3The Tribunal did not receive any further Party or Participant requests during this CMC. As for the prior oral request by Ewa Cynk at the first CMC, no Participant request form was submitted from her. As such, Ewa Cynk, who did not attend, was not granted Participant status.

OTHER ISSUES

4Mr. Nemanic took issue with the Region’s issue no. 5 in the Issues List, with special emphasis on sections 5 a) and 5 b). Mr. Nemanic explained that the Tribunal does not have any jurisdiction to decide on the Record of Site Condition (“RSC”) without an appeal in place.

5Mr. Nemanic proposed to take out a motion to strike issue no. 5 from the Region’s issues. Counsel for the Region, Kelly Yerxa, expressed her position with respect to items 5 a) and 5 b) as being standard with the Region. She also explained that the issues with the RSC can be resolved without a motion. Andrew Biggart concurred with her.

6All Parties decided to try and resolve the matter of the RSC by the next CMC. In the event the matter is not resolved, the CMC is scheduled to hear the Appellant’s motion in accordance with Rule 10 of the Tribunal’s Rules. It will also be for an update of the appeal status.

MEDIATION

7The Parties stated that mediation is not contemplated at this time.

PROCEDURAL ORDER AND ISSUES LIST

8As a 15-day Hearing from January 13, 2025 to February 3, 2025 had previously been scheduled, the Parties were directed to file the Procedural Order with the deadlines filled in together with the Issues List by Friday, July 5, 2024 to the Case Coordinator.

CMC

9The Tribunal will schedule a third CMC to be held on Tuesday, September 10, 2024 by Video Hearing starting at 10 a.m.

10Parties 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:

GoTo Meeting: https://global.gotomeeting.com/join/442599157

Access code: 442-599-157

11Parties 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

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) 497-9391 or (Toll-Free) 1-888-455-1389. 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 Video Hearing 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 TRIBUNAL ORDERS that:

1. A third Case Management Conference is scheduled on Tuesday, September 10, 2024.
2. The Procedural Order and Issues List are to be submitted on or before Friday, July 5, 2024. The Procedural Order and Issues List has been received.
3. The OLT-24-000240 and OLT-24-000241 matters are consolidated with these appeals.

15The Panel Members are not seized.

16No further notice will be provided.

“George Politis”

GEORGE POLITIS member

“T.F. Ng”

T.F. Ng 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.