Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 23, 2024
CASE NO(S).: OLT-24-000482
PROCEEDING COMMENCED UNDER subsection 51(48) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Via Rail Canada Inc.
Subject: Proposed Change of Conditions of approval of draft plan of subdivision
Description: To facilitate the development of 6 development blocks
Reference Number: D07-16-20-0020
Property Address: 25 Pickering Place
Municipality: City of Ottawa
OLT Case No.: OLT-24-000482
OLT Lead Case No.: OLT-24-000482
OLT Case Name: Via Rail Canada Inc. v. Ottawa (City)
Heard: July 12, 2024, by Video Hearing
APPEARANCES:
Parties
Counsel
VIA Rail Canada Inc.
Daniel Angelucci Jonathan Nehmetallah (in absentia)
City of Ottawa
Timothy Marc
Colonnade Management Inc. o/a Colonnade Bridgeport
Emma Blanchard Laura Robinson (in absentia)
memorandum of oral DECISION DELIVERED BY S. BOBKA on JULY 12, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference (“CMC”) regarding an appeal filed by VIA Rail Canada Inc. (“Appellant or VIA Rail”) pursuant to s. 51(48) of the Planning Act regarding the City of Ottawa’s (“City”) approval of revised conditions of approval for the draft plan of subdivision for the property municipally known as 25 Pickering Place (“Subject Property”).
NOTICE
2The Tribunal received the Affidavit of Service, which was sworn on June 19, 2024, and marked it as Exhibit 1. The Tribunal was informed that the Applicant, Colonnade Management Inc. o/a Colonnade Bridgeport (“Colonnade Bridgeport”) was inadvertently excluded on the Notice but was provided with the Notice in advance of the CMC. The Tribunal confirmed that the Applicant was in attendance at the CMC and was prepared to proceed. As such, the Tribunal finds that Notice was appropriately given and that no further Notice is required.
STATUS REQUEST
3Prior to the CMC, the Tribunal received a written request for Party status from Colonnade Bridgeport. Counsel for the Applicant stated that her client has a direct interest in the matters at issue with the Appeal and would be a necessary Party to advance any potential resolution of the Appeal. With no objections from the statutory Parties and upon consideration, the Tribunal was satisfied that the Applicant’s participation as a Party would assist the Tribunal in the adjudication of the Appeal and therefore granted Party status.
BACKGROUND
4The Subject Property is located at 25 Pickering Place (also known as 1330 Avenue K) in the Alta Vista Ward (Ward 18), bound by Highway 417 and Tremblay Road to the north, Belfast Road to the east, Pickering Place to the west, and the VIA Rail Corridor to the south. The Subject Property is located within 230 metres of the Tremblay O-Train Station.
5The VIA Rail Station is located on the property municipally known as 200 Tremblay Road and is immediately adjacent to the Subject Property. It is a priority transit connection for Municipal, Provincial and Federal transit operators, and serves as a hub for service connections for VIA Rail, OC Transpo (including bus, light rail and Para Transpo services), and regional bus services as well as privately-operated bus shuttles (including shuttles to both the Ottawa and Montreal International Airports).
6The 2021 closure of the former Ottawa Central Station at 265 Catherine Street has meant that busses now stop in front of the VIA Rail Station in temporary bus areas which raises public safety concerns, as it was not developed or designed to operate as a bus terminal. In addition, VIA Rail has been forced to refuse major bus operators from connecting their bus services to and from the VIA Rail Station due to the increase in capacity, volume, and circulation of vehicular and pedestrian traffic. The efficiency of the VIA Rail Station has been impacted by the opening of the Confederation Line for OC Transpo, including the Tremblay Light Rail Transit (“LRT”) Station which is located beside the VIA Rail station. As a result, VIA Rail has been prevented from utilizing the southwest parking lot between the VIA Rail Station and the Tremblay LRT Station for overflow bus, vehicle, and pedestrian traffic. Additionally, the size, location and organization of this lot has prevented VIA Rail from improving bus turning radii.
7Approval for the draft plan of subdivision for the Subject Property, including conditions of approval was granted by the City as of September 19, 2022.
8On April 5, 2024, the Appellant received notice of the City’s approval of revisions to the conditions of approval for the draft plan of subdivision for the Subject Property. The Appellant subsequently appealed the revisions to the conditions of approval to the Tribunal.
9Counsel for the Appellant explained that the issues break down generally into both compatibility issues and issues related to the potential future redevelopment of VIA Rail lands. In the Notice of Appeal letter, dated April 25, 2024, it states that:
the revised conditions do not adequately avoid or mitigate risks to public health and safety, nor do they provide sufficient assurances that would protect the long-term operational needs and future development plans of the VIA Rail Station as a municipally, provincially and federally significant multi-modal transit hub … [and] do not contain appropriate and reasonable reassurances for VIA Rail [that] the owner [Applicant] … or any successor in title, will follow industry guidelines regarding noise and vibration mitigation for new development near rail operations.
UPDATE
10Counsel for the Parties confirmed that discussions had been ongoing and that a meeting of representatives and consultants had occurred in May of 2024. All Parties were hopeful that a Settlement could be achieved through additional discussions and suggested that Tribunal-led mediation would be beneficial in this matter. It was suggested by Mr. Angelucci that it would be most efficient to pursue mediation, but to also schedule a second CMC so that the Appeal continues to move forward in parallel with any mediation. Mr. Marc suggested that an October 2024 date would be appropriate as it would allow time for the mediation process to unfold. This timing was agreed upon by Counsel for the other Parties.
NEXT STEPS
11Upon consideration, the Tribunal concurred with the proposed path forward and directed the Parties to contact the Case Coordinator to begin the intake process for Tribunal-led mediation. The Tribunal also scheduled a second CMC to commence on Monday, October 7, 2024, at 10 a.m. by Video Hearing:
GoToMeeting: https://global.gotomeeting.com/join/519389173
Access Code: 519-389-173
12Parties 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. Parties 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
13Persons 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 as indicated above.
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 CMC by Video to ensure that they are properly connected to the event at the correct time. Questions prior to the CMC event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
15The Tribunal directed that the draft Procedural Order be provided for consideration on or before Monday, September 23, 2024.
ORDER
16The Tribunal Orders that:
a. Party status is granted to Colonnade Management Inc. o/a Colonnade Bridgeport; and
b. A second Case Management Conference is scheduled as indicated above in paragraph [11].
17There will be no further notice.
18The Member is not seized on this matter.
“S. Bobka”
S. BOBKA
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.