Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 1, 2024
CASE NO.: 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: 3930149 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)
BEFORE:
D. CHIPMAN MEMBER
G. ROSS MEMBER
Tuesday, the 30th day of July 2024
THE TRIBUNAL ORDERS that further to the Decision issued on July 10, 2024, the Procedural Order, as agreed to between the Parties and attached hereto as Schedule “A”, shall be in force and effect for the purpose of governing the required procedures leading up to and including the subsequent case management conference and hearing, which is scheduled to commence on December 3, 2024, and February 10, 2025, respectively. The Tribunal has set aside 3 days for the hearing.
“Euken Lui”
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.
Schedule “A”
Procedural Order – 154775 Canada Inc.
ISSUE DATE: 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.
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: D01-01-22-008
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)
- 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 Monday, February 10, 2025 at 10:00 a.m., for a duration of three (3) days.
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
The parties’ initial estimation for the length of the hearing is three (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 parties and participants identified at the case management conference are set out in Attachment 1.
The issues are set out in the Issues List attached as Attachment 2. 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 shall be as set out in Attachment 3 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 should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.
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.
Requirements Before the Hearing
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 August 30, 2024 and in accordance with paragraph 22 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.
Expert witnesses in the same field shall have a meeting on or before November 21, 2024 and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before November 28, 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. Copies of this must be provided as in paragraph 13 below. 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.
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 paragraph 13 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 13 below.
On or before October 31, 2024, the parties shall provide copies of their [witness and] expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 22 below.
On or before October 31, 2024, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 22 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.
On or before 21 days before the hearing the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
On or before 14 days before the hearing, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 22 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.
Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence within ten (10) days after the evidence is received in accordance with paragraph 22 below.
The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before 21 days before the hearing.
A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.
A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.
The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before 7 days before the hearing with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.
All filings shall be submitted electronically. 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.
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.
This Member is [not] seized.
So orders the Tribunal.
BEFORE:
Name of Member:
Date:
TRIBUNAL REGISTRAR
Attachment to Procedural Order
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.
Attachment 1
List of Parties and Participants
Parties
- 154775 Canada Inc.
c/o Roberto Aburto & Alice Mihailescu Dentons Canada LLP
613-288-2716; 613-288-2715 roberto.aburto@dentons.com; alice.mihailescu@dentons.com
- City of Ottawa
c/o Garrett Schromm
Associate Legal Counsel, City Manager’s Office
613-580-2424 ext. 29521
Participants
- Dorothea (Théa) Besseling
613-824-1436
- Daniel Raymond
343-575-3435
- Nicole Chartrand
613-824-2370
NicoleChartrand1948@gmail.com; chartrandm72@gmail.com
Monique Fuller
Luc Lacroix
Chris Lacroix
613-875-9999
- Mireille Lamarche
613-824-7193
- Gabrielle Miron
613-824-3749
- René Patrice
c/o Line Lanthier
613-292-1454
- Roch Dupéré
1138 St. Pierre Street, Orleans, ON
613-794-6528
- Mark Moran
613-323-0805
- Sylvain Lalonde
613-229-1341
- Patrick Lavigne
613-292-6339
- Michel & Laurent Paquette
613-824-2834 & 613-913-2250
- Robert Serge
613-720-4410
- Shawn Gordon
519-520-8097
Paulette Fauteux
Jean-Luc Vincent
Suzanne & Roger Trudel
613-837-2641
- Fernand Raymond
613-824-6832
- Richard Guay
613-824-3376
Attachment 2
Issues List
The identification of an issue does not mean that all parties agree that such issue, or the manner in which the issue is expressed, is appropriate or relevant to the determination of the Tribunal at the hearing. The extent to which these issues are appropriate or relevant to the determination of the Tribunal at the hearing will be a matter of evidence and argument at the hearing.
- Does the Tribunal have jurisdiction to consider issues in this appeal which relate to proposed policies applicable to properties generally within 400 metres of the proposed Tenth Line Station (the “Station Area”) but not to the Subject Property?
*If the answer to the preceding question is no, references in the following issues to the “Station Area” should be read as references to the “Subject Property” only.
- Are the policies applicable to Station Area, within the proposed Official Plan Amendment 3, adopting the Orleans Corridor Secondary Plan (the “OPA”), consistent with the following policies of the Provincial Policy Statement, 2020 as amended from time to time, namely:
a. 1.1.1 e);
b. 1.1.3.2 a);
c. 1.1.3.2 b);
d. 1.1.3.2 f);
e. 1.1.3.3;
f. 1.4.3?
- Are the policies applicable to the Station Area within the proposed OPA consistent with the general intention and objectives of the City of Ottawa Official Plan (the “OP”), specifically considering sections emphasizing building height and density adjacent to existing and planned rapid transit stations (as identified in Schedule A of the OP), and including:
a. 2.1;
b. 4.1.2;
c. 5.4.1;
d. 5.4.2;
e. 5.4.4?
Are policies applicable to the Station Area in the proposed OPA overly prescriptive and ultra vires the City of Ottawa’s authority under section 16 of the Planning Act?
Is the labelling of the Subject Property with a ”Park” and “Potential Privately-owned-Public-Space (POPS)” identifier in Schedule “C’” (“Public Realm and Mobility Improvements”) to the proposed Secondary Plan premature?
Does the proposed OPA appropriately have regard for the proposed Tenth-Line Station, given that the station is planned but not yet funded?
If low to mid-rise residential or mixed-use development is appropriate for the Subject Property, is it appropriate to require a demonstration plan for such a development application?
Does the labelling of the Subject Property with a ”Park” and “Potential Privately-owned-Public-Space (POPS)” identifier in Schedule “C’” (“Public Realm and Mobility Improvements”) to the proposed Secondary Plan
a. Sterilize the use of the Subject Property?
b. Meet the test for downzoning the Subject Property?
If the answer to the previous issue (Issue 8) is "yes", what is the implication, if any, of that finding to the present appeal?
Does the proposed OPA, as it applies to the Station Area, represent appropriate and good land use planning?
Attachment 3
Order of Evidence
Appellant, 154775 Canada Inc.
City of Ottawa
Reply of the Appellant, 154775 Canada Inc.