Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 7, 2024
CASE NO(S).: OLT-24-000064
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Sheridan Retail Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit
Reference Number: OZ/OPA 23-4 W8
Property Address: 2225 Erin Mills Parkway
Municipality/UT: City of Mississauga / Region of Peel
OLT Case No.: OLT-24-000064
OLT Lead Case No.: OLT-24-000064
OLT Case Name: Sheridan Retail Inc. v. Mississauga (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Sheridan Retail Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit
Reference Number: OZ/OPA 23-4 W8
Property Address: 2225 Erin Mills Parkway
Municipality/UT: City of Mississauga / Region of Peel
OLT Case No.: OLT-24-000065
OLT Lead Case No.: OLT-24-000064
OLT Case Name: Sheridan Retail Inc. v. Mississauga (City)
Heard: August 2, 2024 by Video Hearing
APPEARANCES:
Parties Counsel
Sheridan Retail Inc. L. Johnston M. Nemanic – in absentia G. Mutlu – in absentia
City of Mississauga R. Kehar K. Pfaff – in absentia
Regional Municipality of Peel R. Godley
MEMORANDUM OF ORAL DECISION DELIVERED BY C. HARDY ON AUGUST 2, 2024, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the second Case Management Conference (“CMC”) conducted relating to Appeals brought pursuant to s. 22(7) and s. 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended (“Act”) from the failure of the City of Mississauga (“City”) to make a decision within statutory timeframes of the Act with respect to applications for an Official Plan Amendment (“OPA”) and a Zoning By-law Amendment (“ZBA”). The Appeals have been filed by Sheridan Retail Inc. (“Appellant”) regarding the property located at 2225 Erin Mills Parkway, Mississauga (“Subject Property”).
2The Subject Property is approximately 12.12 hectares and currently consists of a retail plaza known as “Sheridan Centre” with a variety of multi-tenant commercial buildings, drive-throughs, and surface parking. The proposed OPA and ZBA will facilitate the redevelopment of the Subject Property with two 15-storey condominium buildings containing 620 units.
3On May 24, 2024, a differently constituted panel of the Tribunal held the first CMC in this matter where the Regional Municipality of Peel (“Region”) was granted Party status and Loan La and Brenton Chen were each granted Participant status.
APPEAL UPDATE AND NEXT STEPS
4The Appellant provided the Tribunal with a status update indicating that good progress had been made through mediation and advised that the outstanding issues with the Region were resolved in principle. Counsel for the City noted that it was anticipated that the Parties would take part in further mediation sessions and discussions which may assist in resolving some, or all, of the disputed issues. Counsel for the Region agreed with the submissions of the Appellant adding that there remained outstanding matters, however, it was anticipated that they would be resolved prior to the Hearing.
5In advance of the CMC, the Appellant submitted a draft Procedural Order (“PO”) and Issues List (“IL”) and advised that exchange dates and details in the PO will be finalized once hearing dates were set.
6Upon hearing the submissions of Counsel, the Tribunal determined that it was premature to approve the draft PO and IL given that the Parties anticipate having further mediation sessions and productive discussions which would very likely result in scoping or resolving some, or all, of the issues.
7All Parties were requesting a Third CMC which could either be converted to a hearing to consider a settlement proposal or utilized to update the Tribunal on the status of discussions and to narrow which issues remain in dispute. In addition, the Tribunal noted the need to review and approve a final PO and IL and scheduled a CMC to be held by Video Hearing commencing on Friday November 15, 2024, at 10 a.m.
8The Tribunal directed the Parties to provide a status update and/or a final draft PO and IL on or before Friday November 8, 2024. The Tribunal noted that if the Hearing was proceeding, the final draft PO and IL would need to be reviewed and approved by the presiding Member given that procedural deadlines in the PO would be quickly approaching.
9The Parties jointly requested that the Tribunal schedule a 10-day Hearing for the Appeal. Following a brief discussion with the Parties regarding required experts and scoping of the IL and on the strength of the level of detail in the draft PO and IL, the Tribunal agreed and scheduled a 10-day Hearing commencing Monday May 26, 2025.
10The Hearings are scheduled to proceed by video as follows:
Friday, November 15, 2024 GoTo Meeting: https://global.gotomeeting.com/join/687587165 Access code: 687-587-165 Audio-only telephone line: (Toll Free): 1-888-299-1889 or +1 (647) 497-9373 Audio-only access code: 687-587-165
Monday, May 26, 2025 GoTo Meeting: https://global.gotomeeting.com/join/519389173 Access code: 519-389-173 Audio-only telephone line: (Toll Free): 1-888-299-1889 or +1 (647) 497-9373 Audio-only access code: 519-389-173
11Parties 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.
12Parties 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
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.
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.
15There will be no further notice and this Member is not seized, however, will remain available for case management subject to the Tribunal’s calendar.
ORDER
16THE TRIBUNAL ORDERS THAT the directives above are so ordered.
“C. Hardy”
c. hardy
vice-chair
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.