Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 16, 2024 CASE NO.: OLT-24-000535
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Augend 189 Dundas West Village Properties Ltd. c/o Augend Investments Limited
Appellant: Mother Parker’s Tea & Coffee Inc.
Appellant: White Elm Investments Ltd.
Subject: Proposed Official Plan Amendment No. 142
Description: To permit changes to the Mississauga Official Plan related to
Major Transit Station Areas (MTSAs) across the City.
Reference Number: OPA No. 142
Property Address: City Wide
Municipality/UT: Mississauga/Peel
OLT Case No.: OLT-24-000535 OLT Lead Case No.: OLT-24-000535
OLT Case Name: Augend Investments Limited v. Mississauga (City)
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Mother Parker’s Tea & Coffee Inc.
Appellant: Edenshaw Developments Limited
Appellant: Orlando Corporation
Subject: Proposed Official Plan Amendment No. 143
Description: To permit changes to the Mississauga Official Plan related to
Major Transit Station Areas (MTSAs) across the City
Reference Number: OPA No. 143
Property Address: City Wide
Municipality/UT: Mississauga/Peel
OLT Case No.: OLT-24-000536 OLT Lead Case No.: OLT-24-000535
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Augend 189 Dundas West Village Properties Ltd. c/o Augend Investments Limited
Appellant: Mother Parker’s Tea & Coffee Inc.
Appellant: Edenshaw Developments Limited
Appellant: GCTC Holdings Inc.
Appellant: White Elm Investments Ltd.
Subject: Proposed Official Plan Amendment No. 144
Description: To permit changes to the Mississauga Official Plan related to
Major Transit Station Areas (MTSAs) across the City
Reference Number: OPA No. 144
Property Address: City Wide
Municipality/UT: Mississauga/Peel
OLT Case No.: OLT-24-000537 OLT Lead Case No.: OLT-24-000535
BEFORE:
M. A. SILLS ) Wednesday, the 14th
VICE-CHAIR
S. L. DIONNE MEMBER
) day of August 2024
THIS MATTER having come before the Tribunal in a case management conference held on July 30, 2024, and having reviewed and considered the affidavits of Luisa Galli, sworn July 15 and July 25, 2024, and considered the submissions of the Parties;
THE TRIBUNAL ORDERS AS FOLLOWS:
Official Plan Amendments (“OPA”) 142, 143, 144 came into effect on the day after the last day for filing a notice of appeal, being May 9, 2024, in accordance with the provisions of subsection 17(38) of the Planning Act, R.S.O. 1990, c P.13, as amended, with the exceptions of policies and schedules under appeal, which are highlighted or marked as such in the annotated OPA 142, 143, and 144 attached to this Order.
The coming into effect of certain portions of OPAs 142, 143, 144 shall be strictly without prejudice to, and shall not have the effect of:
(a) limiting the resolution of an appellant’s appeal;
(b) affecting a party’s right to seek to modify, delete or add to the unapproved associated text; or
(c) limiting the jurisdiction of the Tribunal to consider and approve modifications, deletions or additions on a general or site-specific basis.
The coming into effect of certain portions of OPAs 142, 143, 144 is without prejudice to the positions taken by the parties to any site-specific appeal so that if those appeals proceed to a hearing, either on their own or as may be consolidated with other appeals, the City will not take the position that the Tribunal ought not to approve site-specific modifications to the affected sections, tables, definitions, maps, schedules, and associated text, on the basis that they deviate from or are inconsistent with such sections, tables, definitions, maps, schedules, and associated text on a City-wide basis. However, this does not affect the City’s right to assert that the approved sections, tables, definitions, maps, schedules, and associated text should be applied to the specific sites without modification on the basis that they constitute good planning.
Notwithstanding anything ordered above, the City has not conceded that any portions of OPA 142, 143, or 144 that have not come into effect are properly under appeal and the City has reserved the right to bring motions or take any other action to have the breadth and scope of any appeal or the validity of a portion or the entirety of any appeal determined by the Tribunal at a future date.
Any potential settlements