Ontario Land Tribunal
Tribunal ontarien de l’aménagement
du territoire
ISSUE DATE:
July 17, 2024
CASE NO.:
OLT-24-000183
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant:
College Avenue Lofts Inc. (c/o York Developments)
Subject:
Request to amend the Official Plan – Failure to adopt the requested amendment
Description:
To permit the development of a mid-rise residential apartment
Reference Number:
OZ-8693
Property Address:
193-199 College Avenue
Municipality/UT:
London/Middlesex
OLT Case No:
OLT-24-000183
OLT Lead Case No:
OLT-24-000183
OLT Case Name:
College Avenue Lofts Inc. v. London (City)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant:
College Avenue Lofts Inc. (c/o York Developments)
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
To permit the development of a mid-rise residential apartment
Reference Number:
OZ-8693
Property Address:
193-199 College Avenue
Municipality/UT:
London/Middlesex
OLT Case No:
OLT-24-000184
OLT Lead Case No:
OLT-24-000183
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appeal 15 – College Avenue Lofts Inc. (c/o York Developments)
Appellant:
1390226 Ontario Inc.
Appellant:
1610341 Ontario Inc.
Appellant:
1705823 Ontario Ltd. (c/o York Developments)
Appellant:
1739626 Ontario Ltd. (c/o York Developments); and others
Subject:
The London Plan
Municipality:
City of London
OLT Case No.:
OLT-22-002286
Legacy Case No.:
PL170100
OLT Lead Case No.:
OLT-22-002286
Legacy Lead Case No.:
PL170100
OLT Case Name:
Lansink v. London (City)
BEFORE:
JACKIE DENYES
Wednesday, the 17th day of
MEMBER
July, 2024
THE TRIBUNAL ORDERS that the Procedural Order set out as Attachment “A” to this Order shall be in full force and effect for the purposes of governing the required procedure leading up to and including the hearing scheduled to commence on November 20, 2024.
“Euken Lui”
ACTING REGISTRAR
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
ATTACHMENT “A”
Ontario Land Tribunal
655 Bay Street, Suite 1500 Toronto ON M5G 1E5 Telephone: (416) 212-6349
Toll free: 1-866-448-2248 Website: olt.gov.on.ca
Tribunaux de l’aménagement du territoire Ontario 655 rue Bay, bureau 1500 Toronto ON M5G 1E5 Téléphone: (416) 212-6349
Sans Frais: 1-866-448-2248 Site Web : olt.gov.on.ca
ISSUE DATE: July 17, 2024 CASE NO.:OLT-24-000183 OLT-22-002286
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant:
College Avenue Lofts Inc. (c/o York Developments)
Subject:
Request to amend the Official Plan – Failure to adopt the requested amendment
Description:
To permit the development of a mid-rise residential apartment
Reference Number:
OZ-8693
Property Address:
193-199 College Avenue
Municipality/UT:
London/Middlesex
OLT Case No.:
OLT-24-000183
OLT Lead Case No.
OLT-24-000183
OLT Case Name:
College Avenue Lofts Inc. v. London (City)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant:
College Avenue Lofts Inc. (c/o York Developments)
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
To permit the development of a mid-rise residential apartment
Reference Number:
OZ-8693
Property Address:
193-199 College Avenue
Municipality/UT:
London/Middlesex
OLT Case No.:
OLT-24-000184
OLT Lead Case No.:
OLT-24-000183
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended.
Appeal 15 - College Avenue Lofts Inc. (c/o York Developments)
Appellant:
1390226 Ontario Inc.
Appellant:
1610341 Ontario Inc.
Appellant:
1705823 Ontario Ltd. (c/o York Developments)
Appellant:
1739626 Ontario Ltd. (c/o York Developments); and others
Subject:
The London Plan
Property Address:
193-199 College Avenue
Municipality/UT:
City of London
OLT Case No.:
OLT-22-002286
Legacy Case No.:
PL170100
OLT Case Name:
Lansink v. London (City)
PROCEDURAL ORDER
- The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the Parties’ request or its own motion.
Organization of the Hearing
- The video hearing will begin on Wednesday, November 20, 2024, at 10:00 a.m. in accordance with the following links:
Virtual Link: https://global.gotomeeting.com/join/909787981
Access Code: 909787981
Audio-only: (647)497-9391 or toll free 1(888)455-1389 Access Code: 909787981
The length of the hearing will be 3 days. The Parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues, where possible.
The procedural order deadlines are generally found in Attachment 1.
Parties and Participants identified at the Case Management Conference are listed in Attachment 2 to this Order.
The Issues are set out in the Issues List attached as Attachment 3 to this Order. There will be no changes to this list unless the Tribunal permits, and a Party who asks for changes may have costs awarded against it.
The order of evidence is set out in Attachment 4 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the Parties' consent, subject to the Tribunal’s approval, or by Order of the Tribunal.
Any person intending to participate in the hearing shall provide a mailing address, email address and a telephone number to the Tribunal. Any such person who retains a representative must advise the other Parties and the Tribunal of the representative’s name, address, email address and the phone number.
Any person who intends to participate in the hearing, including Parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website (https://olt.gov.on.ca/tribunals/lpat/).
Requirements Before the Hearing
Expert witnesses in the same discipline(s) shall have at least one meeting on or before Monday, August 26, 2024, to try to resolve or reduce the issues for the hearing. The experts shall prepare a list of any agreed facts and the remaining issues to be addressed at the hearing and provide this list to all of the Parties and the Tribunal on or before Monday, September 9, 2024, if this meeting takes place and if agreement is reached.
A Party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other Parties a list of the witnesses and the order in which they will be called. This list must be delivered on or before Monday, July 15, 2024. For expert witnesses, a Party is to identify the area of expertise in which the witness is proposed to be qualified. Any challenges to the witness, including qualifications of a witness to give opinion evidence in the area of expertise proposed shall be made by motion in accordance with the Tribunal’s Rules and notice of same must be served on the other Parties on or before Monday, July 29, 2024.
An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing, the acknowledgement of expert's duty and curriculum vitae. Copies of this must be provided as in Section 13. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony. For greater certainty, each expert witness statement must comply with the minimum content requirements specified in Rule 7 of the Tribunal’s Rules of Practice and Procedure. If the expert witness has prepared any report(s) that he/she intends to rely on at the hearing, and which did not form part of the submissions made to the City, such report(s) shall be provided to the other Parties at the same as the delivery of expert witness statements, as in Section 13.
On or before Monday, October 7, 2024, the parties shall provide copies of their witness and/or expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with Section 23 below.
On or before Monday, October 7, 2024, a participant shall provide copies of their written participant statement to the other parties in accordance with Section 23 below. A participant cannot present oral submissions at the hearing on the content of their written statement.
Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the Party calling them must file a brief outline of the expert’s evidence, as in Section 13.
On or before Monday, October 21, 2024, the Parties may provide to all other Parties a written response to any written evidence.
On or before Monday, October 21, 2024, the Parties shall advise the Tribunal of whether any hearings dates scheduled for this matter may be released from the Tribunal's calendar. This request may only be made on consent of all of the Parties. If no hearing dates are intended to be released from the Tribunal's calendar, no Party is required to advise the Tribunal anything further in that regard.
On or before Monday, November 4, 2024, the Parties shall provide copies of their visual evidence to all of the other Parties. The Tribunal and all Parties shall be notified if a model will be used, all Parties must have a reasonable opportunity to view it before the scheduled commencement of the hearing.
A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. Such a motion shall be in accordance with the Tribunal’s Rule 10, which requires that the moving Party provide copies of the motion to all other Parties at least fifteen (15) days before the Tribunal hears the motion.
A Party who provides a witness’ written evidence to the other Parties must have the witness attend the hearing to give oral evidence, unless the Party notifies the Tribunal at least seven (7) days before the hearing that the written evidence is not part of their record.
On or before Tuesday, November 12, 2024, the Parties shall prepare and file a detailed Work Plan that identifies the following, at a minimum: the identified Parties participating in the Hearing Event, preliminary matters (if any to be addressed), the date a witness is intended to attend the Tribunal, the identified witness name/expertise, and the approximate time allotted for Examination in Chief, Cross Examination and any re-examination (if any) (the “Work Plan”). The Work Plan should be adhered to guide the Hearing Event to the best ability of all the Parties, and any and all witnesses shall be available on the identified date(s), unless otherwise directed by the Tribunal. The Tribunal may, at its discretion, change or alter the Work Plan throughout the Hearing Event.
The Parties shall prepare a Joint Document Book on or before Tuesday, November 12, 2024, and which one (1) hard copy will be filed with the Tribunal as soon as practicable in advance of the Hearing. All Parties must be served with the Joint Document Book in paper or an accessible electronic format in accordance with Section 23.
All filing of documents and materials shall be electronic to the Tribunal, the Parties and Participants (if any). The Tribunal will be provided a hard copy of documents and materials in advance of the hearing event as soon as practicable. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7. All documents to be filed with the Tribunal shall be organized, tabbed and digitally searchable and such materials will be filed in accordance with directions contained in the Tribunal’s Video Hearing Guide, dated July 2, 2020, or as may be amended. Section 23 applies regardless if the hearing event is in-person or electronic.
No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.
The Tribunal may conduct mediation on consent of all Parties, on consent of those Parties who wish to participate in mediation, or if the Tribunal sees fit.
The purpose of this Procedural Order and the meaning of the terms used in this Procedural Order are set out in Attachment 5.
This Member is not seized.
So orders the Tribunal.
BEFORE:
Name of Member:
Date:
TRIBUNAL REGISTRAR
ATTACHMENT 1 SUMMARY OF DATES
DATE
EVENT
Monday, July 15, 2024
Exchange of witness lists (names, disciplines and order to be called)
Monday, July 29, 2024
Last date to challenge identification of expert witness
Monday, August 26, 2024
Deadline for Experts’ Meeting to be held
Monday, September 9, 2024
Agreed Statement of Facts
Monday, October 7, 2024
Exchange of Witness Statements, summoned witness outlines, Expert Reports and Participant Statements
Monday, October 21, 2024
Exchange of Reply Witness Statements (if any)
Monday, October 21, 2024
Parties to advise Tribunal if any hearing dates are to be released from the hearing calendar (if any)
Monday, November 4, 2024
Exchange of visual evidence (if any)
Tuesday, November 12, 2024
Final Work Plan filed with the Tribunal
Tuesday, November 12, 2024
Finalize Joint Document Book
Wednesday, November 20, 2024
Hearing commences
ATTACHMENT 2
LIST OF PARTIES AND PARTICIPANTS
A. PARTIES
Counsel/*Agent
College Avenue Lofts Inc.
Patrick Duffy Stikeman Elliott LLP 5300 Commerce Court West 199 Bay Street Toronto, ON M5L 1B9
E-mail: pduffy@stikeman.com Tel.: 416-869 5257
Jonathan Cheng Stikeman Elliott LLP 5300 Commerce Court West 199 Bay Street Toronto, ON M5L 1B9
E-mail: jcheng@stikeman.com Tel.: 416-869-6807
City of London
Aynsley Hovius City Solicitor’s Office 300 Dufferin Avenue P.O. Box 5035, Stn. B London, ON N6A 4L9
E-mail: ahovius@london.ca Tel.: 519-661-2489 ext: 2484
Christina McCreery City Solicitor’s Office 300 Dufferin Avenue P.O. Box 5035, Stn. B London, ON N6A 4L9
E-mail: cmccreer@london.ca Tel.: 519-670-3926
Steve Tanton
Alex Ciccone Garrod Pickfield LLP 9 Norwich Street West Guelph, ON N1H 2G8
Email: aciccone@garrodpickfield.ca Tel.: 226-217-3000
B. PARTICIPANTS
None.
ATTACHMENT 3 ISSUES LIST
NOTE: The identification of an issue on the Issues List does not constitute an acknowledgement by the Tribunal or any Party that the issue, or the manner in which it is expressed, is either appropriate or relevant to the determination of the Tribunal at the hearing. The extent to which an issue is appropriate or relevant to the determination of the hearing will be a matter of evidence and argument at the hearing.
- Does the proposed development have sufficient regard to the matters of provincial interest in section 2, including (h) orderly development?
Provincial Policy Statement 2020
- Is the proposed development consistent with the PPS 2020, including but not limited to policies: 1.1.1 (c); 1.1.3 (specifically 1.1.3.2.b, 1.1.3.3 and 1.1.3.4); 1.2.4; 1.2.5; 1.4.3; and 1.7.1 (e)?
London Plan
- As the Application is being assessed for conformity with the 1989 Official Plan, to what extent does the Tribunal have to consider the policies of the London Plan?
1989 London Official Plan
Is the proposed development compatible with the character, scale and intensity of the surrounding residential neighbourhood and does it conform with the following policies of the City of London 1989 Official Plan, including but not limited to the following policies:
- 2.4.1 City structure policies
- Residential Designation Policies including
i. 3.1.1: General Objectives
ii. 3.1.3: Multi-Family, Medium Density Residential Objectives
iii. 3.2: Low Density Residential
iv. 3.3: Multi- Family, Medium Density Residential
v. 3.5.3: St. George / Grosvenor Neighbourhood
vi. 3.5.19 Near campus Neighbourhood Policies
vii. 3.7 Planning Impact Analysis
- Chapter 11: Urban Design Principles
- Chapter 19: Implementation
i. 19.2: Secondary Plans and Guideline Documents
ii. 19.2.2: Guideline Documents
iii. 19.3.1: Official Plan Amendments
- 19.4.4: Bonusing provisions
General
Are the special provisions with respect to height, setback, landscaped open space, amenity area, parking, access, and lot coverage appropriate and functional for the development, and do they take into consideration impacts on adjacent properties including but not limited to shadowing?
Does the proposal represent overdevelopment of the land such that it is unable to accommodate the proposed density and meet the intent and purpose of the Zoning By-law regulations?
Does the proposed development provide adequate buffering or transition to the adjacent low-rise built forms in the immediate area?
Does the proposed development represent good planning?
ATTACHMENT 4 ORDER OF EVIDENCE
College Avenue Lofts Inc.
City of London
Steve Tanton
College Avenue Lofts Inc., in reply (if any)
ATTACHMENT 5
Meaning of terms used in the Procedural Order:
A party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other parties, and making submissions on all of the evidence. An unincorporated group cannot be a party and it must appoint one person to speak for it, and that person must accept the other responsibilities of a party as set out in the Order. Parties do not have to be represented by a lawyer and may have an agent speak for them. The agent must have written authorisation from the party.
NOTE that a person who wishes to become a party before or at the hearing, and who did not request this at the case management conference (CMC), must ask the Tribunal to permit this.
A participant is an individual or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a party may do so). Section 17 of the Ontario Land Tribunal Act states that a person who is not a party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A participant may also be asked questions by the parties should the Tribunal direct a participant to attend a hearing to answer questions on the content of their written submission.
A participant must be identified and be accorded participant status by the Tribunal at the CMC. A participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A participant cannot ask for costs, or review of a decision, as a participant does not have the rights of a party to make such requests of the Tribunal.
Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party or participant intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.
Visual evidence includes photographs, maps, videos, models, and overlays which a party or participant intends to present as evidence at the hearing.
A witness statement is a short written outline of the person’s background, experience and interest in the matter; a list of the issues which he or she will discuss; and a list of reports or materials that the witness will rely on at the hearing.
An expert witness statement should include his or her (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness’ opinions on those issues and the complete reasons supporting their opinions and conclusions and (5) a list of reports or materials that the witness will rely on at the hearing. An expert witness statement must be accompanied by an acknowledgement of expert’s duty.
A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a statement of the participant’s position on the appeal; a list of the issues which the participant wishes to address and the submissions of the participant on those issues; and a list of reports or materials, if any, which the participant wishes to refer to in their statement.
Additional Information
A summons may compel the appearance of a person before the Tribunal who has not agreed to appear as a witness. A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons through a request. (See Rule 13 on the summons procedure.) The request should indicate how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the information provided in the request that the evidence is relevant, necessary or admissible, the party requesting the summons may provide a further request with more detail or bring a motion in accordance with the Rules.
The order of examination of witnesses is usually direct examination, cross-examination and re-examination in the following way:
- direct examination by the party presenting the witness;
- direct examination by any party of similar interest, in the manner determined by the Tribunal;
- cross-examination by parties of opposite interest;
- re-examination by the party presenting the witness; or
- another order of examination mutually agreed among the parties or directed by the Tribunal.