Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 19, 2024
CASE NO(S).: OLT-23-000290 OLT-23-000292 OLT-23-000293 OLT-22-003186 (Formerly PL090614) OLT-24-000105 OLT-24-000120
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Palermo Village Corporation
Appellant: 819655 Ontario Limited
Subject: Proposed Official Plan Amendment No. 34 (OPA 34)
Municipality: Town of Oakville
OLT Case No.: OLT-23-000290
OLT Lead Case No.: OLT-23-000290
OLT Case Name: 819655 Ontario Limited v. Halton (Regional Municipality)
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Palermo Village Corporation
Subject: Proposed Official Plan Amendment No. 37 (OPA 37)
Municipality: Town of Oakville
OLT Case No.: OLT-23-000292
OLT Lead Case No.: OLT-23-000292
OLT Case Name: Palermo Village Corporation v. Halton (Regional Municipality)
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Palermo Village Corporation
Subject: Proposed Official Plan Amendment No. 38 (OPA 38)
Municipality: Town of Oakville
OLT Case No.: OLT-23-000293
OLT Lead Case No.: OLT-23-000293
OLT Case Name: Palermo Village Corporation v. Halton (Regional Municipality)
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Enirox Dundas 3015 Inc. (formerly Shell Canada Limited and then the Estate of Angus McKellar)
Appellant: Palermo Village Corporation (formerly Newmark Developments Limited [Rosko/Finer Group])
Subject: Proposed Official Plan Amendment No. 289 (OPA 289)
Municipality: Town of Oakville
OLT Case No.: OLT-22-003186
Legacy Case No.: PL090614
OLT Lead Case No.: OLT-22-003186
Legacy Lead Case No.: PL090614
OLT Case Name: Enirox Dundas 3015 Inc. (formerly Shell Canada Limited and then the Estate of Angus McKellar) v. Oakville (Town)
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Enirox Dundas 3015 Inc. (formerly Shell Canada Limited and then the Estate of Angus McKellar)
Appellant: Palermo Village Corporation (formerly Newmark Developments Limited [Rosko/Finer Group])
Appellant: Enirox Dundas 3015 Inc. (formerly Shell Canada Limited)
Subject: Proposed Official Plan Amendment No. 306 (OPA 306)
Municipality: Town of Oakville
OLT Case No.: OLT-22-003189
Legacy Case No.: PL110155
OLT Lead Case No.: OLT-22-003186
Legacy Lead Case No.: PL090614
OLT Case Name: Enirox Dundas 3015 Inc. (formerly Shell Canada Limited and then the Estate of Angus McKellar) v. Oakville (Town)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Palermo Village Corporation
Subject: Application to amend the Zoning By-law – Refusal of the application
Description: To permit the development of a medium and high density mixed-use master-planned community consisting of a range and mix of residential, institutional, commercial, employment, Natural Heritage System and open space uses on 47 hectares of land containing a total of 6,890 residential units
Reference Number: Z.1331.02
Property Address: 3069 Dundas Street West and 3278 Regional Road 25
Municipality/UT: Town of Oakville/ Regional Municipality of Halton
OLT Case No.: OLT-24-000105
OLT Lead Case No.: OLT-24-000105
OLT Case Name: Palermo Village Corporation v. Oakville (Town)
PROCEEDING COMMENCED UNDER subsection 51(39) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Palermo Village Corporation
Subject: Proposed Plan of Subdivision – Refusal of the application
Description: To permit the development of a medium and high density mixed-use master-planned community consisting of a range and mix of residential, institutional, commercial, employment, Natural Heritage System and open space uses on 47 hectares of land containing a total of 6,890 residential units
Reference Number: 24T-23002/1331
Property Address: 3069 Dundas Street West and 3278 Regional Road 25
Municipality/UT: Town of Oakville/ Regional Municipality of Halton
OLT Case No.: OLT-24-000106
OLT Lead Case No.: OLT-24-000105
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Enirox Dundas 3015 Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the development of 27-storey and 30-storey mixed-use residential buildings on a 3-storey podium consisting of 690 residential units.
Reference Number: OPA.1331.01
Property Address: 3005 & 3015 Dundas Street West
Municipality/UT: Town of Oakville/ Regional Municipality of Halton
OLT Case No.: OLT-24-000120
OLT Lead Case No.: OLT-24-000120
OLT Case Name: Enirox Dundas 3015 Inc. v. Oakville (Town)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Enirox Dundas 3015 Inc.
Subject: Application to amend the Zoning By-law – Neglect to make a decision
Description: To permit the development of 27-storey and 30-storey mixed-use residential buildings on a 3-storey podium consisting of 690 residential units.
Reference Number: Z.1331.01
Property Address: 3005 & 3015 Dundas Street West
Municipality/UT: Town of Oakville/ Regional Municipality of Halton
OLT Case No.: OLT-24-000121
OLT Lead Case No.: OLT-24-000120
Heard: August 1, 2024, by Video Hearing
APPEARANCES:
Parties
Counsel
Palermo Village Corporation
Patrick Harrington
Alexander Suriano (In Absentia)
819655 Ontario Limited
Patrick Harrington
Alexander Suriano (In Absentia)
Regional Municipality of Halton
Kelly Yerxa
Town of Oakville
Andrew Biggart
Jennifer Huctwith (In Absentia)
Enirox Dundas 3015 Inc.
David Bronskill
Ian Andres (In Absentia)
Conservation Halton
Konstantine Stavrakos
Halton District School Board
Justine Reyes
Brad Teichman
3087OBR Inc.
Pitman Patterson
Lee English (In Absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY YASNA FAGHANI AND C. HARDY ON AUGUST 1, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is a subsequent Case Management Conference (“CMC”) before the Tribunal, with respect to Official Plan Amendment Appeals (“OPA Appeals”) filed pursuant to s.17(36) of the Planning Act (“Act”) by 819655 Ontario Limited (“819655”) and Palermo Village Corporation (“PVC”). The OPA Appeals relate to OPA 34 (OLT Case No.: OLT-23-000290), OPA 37 (OLT Case No.OLT-23-000292) and OPA 38 (OLT Case No. OLT-23-000293). The OPA Appeals were previously consolidated with appeals filed pursuant to s. 17(24) of the Act relating to OPA 289 (OLT Case No.OLT-22-003186) including Child File OPA 306 (OLT Case No. OLT-22-003189).
2In addition, this is a subsequent CMC with respect to the following matters: OLT Case No. OLT-24-000105 and OLT File No. OLT-24-000106 regarding Zoning By-Law Amendment (“ZBA”) and Draft Plan of Subdivision(“DPS”) Appeals that were filed pursuant to s. 34(11) and s. 51(39) of the Act by PVC relating to the Town of Oakville’s (“Town”) refusal of its site-specific applications (“PVC Site-Specific Appeals”); and OLT Case No. OLT-24-000120 and OLT Case No. OLT-24-000121 regarding OPA and Zoning By-Law Amendment Appeals that were filed pursuant to s. 22(7) and s. 34(11) of the Act by Enirox Dundas 3015 Inc. (“Enirox”) relating to the Town’s failure to make a decision within the requisite timelines with respect to its site-specific applications (“Enirox Site-Specific Appeals”).
STATUS UPDATE
3Mr. Harrington, Counsel for PVC and 819655, reiterated PVC’s interest in consolidating the PVC Site-Specific Appeals with the OPA Appeals that had been initiated by his client. He also requested setting down Hearing dates. He advised that the recent changes to Bill 185 did not impact his clients’ Appeal rights. Furthermore, Mr. Harrington advised that he had been engaged in productive discussions with the parties with respect to the next steps, including Tribunal-led mediation, which will be discussed below in this decision. In addition, he advised that at this time he would not be seeking to separate the Appeal by 819655 from the previously consolidated matters given that mediation may be beneficial to all of the appeals.
4The Parties agreed with Mr. Harrington’s submissions and further confirmed that there were no concerns with respect to consolidating the PVC Site-Specific Appeals with the OPA Appeals.
5Upon hearing and considering the submissions from the parties, the Tribunal agreed and granted PVC’s request to consolidate its Site-Specific Appeals with the OPA Appeals pursuant to Rule 16 of the Tribunal’s Rules of Practice and Procedure.
6Of note, Mr. Bronskill, Counsel for Enirox, advised that his client is not seeking consolidation of the Enirox Site-Specific Appeals with the OPA Appeals at this time.
MEDIATION AND SETTLEMENT
7The Tribunal acknowledged receipt of a draft issues list (“IL”) and procedural order (“PO”) provided by Mr. Harrington which included issues listed by the Town and Halton Region District School Board. Mr. Harrington advised that Tribunal-assisted mediation, sometime in the fall, would allow all parties to present their respective issues, work on resolving or narrowing some of the listed issues and assist in determining whether grouping of issues or phasing would be appropriate. In short, Mr. Harrington noted that mediation would be an efficient use of the parties’ resources. He requested a further CMC be scheduled close to the end of 2024 so that the Parties may provide a status update to the Tribunal and present a finalized IL and PO that will guide the Hearing. He requested scheduling of a Hearing in the second quarter of 2025.
8Mr. Biggart agreed with Mr. Harrington regarding the process of proceeding to mediation followed by a further CMC as it may help resolve some issues and bring order to a Hearing scheduled in 2025. Mr. Biggart submitted that his client was not consenting to any of the issues provided on the draft IL nor was he waiving his client’s right to add issues before the next CMC. Mr. Biggart advised that his client’s list of issues provided on the draft IL are simply a starting point to proceed to mediation, as such, the IL may change following mediation. All of the Parties agreed to the process of proceeding to mediation followed by a CMC.
9Mr. Bronskill advised that he was not requesting Hearing dates for the Enirox Site Specific Appeals at this time. However, his client would like the opportunity to participate in any mediation and the next CMC which would provide an opportunity for a check-in regarding his client’s Site-Specific Appeals once the mediation had been completed.
10As a result of the above discussions, the Tribunal confirmed that the parties can reach out to the Mediation Unit after this CMC to schedule Tribunal-assisted mediation.
11The Tribunal deferred approval of the draft IL and PO given that the Parties intend to continue discussions with the hope that Tribunal-assisted mediation will help narrow issues or highlight other issues which need to be addressed.
NEXT STEPS
12After considering the submissions of the Parties, the Tribunal agreed to set a four week Hearing in 2025 and scheduled a further CMC on Thursday, December 12, 2024 at 10 a.m. by Video Hearing. The Tribunal directed the Parties to attend the next CMC prepared to discuss how to best organize the matters. The Tribunal expects the Parties to have discussions in advance of the next CMC regarding whether phasing is appropriate, and how best to organize the Hearing. The Parties were further directed to submit a status update, an agenda for the CMC and/or draft PO by Monday, December 9, 2024.
13A four week Video Hearing with respect to the OPA Appeals and the PVC Site-Specific Appeals has been scheduled for Monday, June 23 – Monday July 14, 2025 at 10 a.m. Of note, the Tribunal will not be sitting on Tuesday, July 1, 2025.
14Parties are asked to log in to the Video Hearing at least 15 minutes before the start of the event to test their video and audio connections:
Case Management Conference
Thursday, December 12, 2024, at 10 a.m. (One-Day CMC Hearing)
GoTo Meeting: https://global.gotomeeting.com/join/656004293
Access code: 656-004-293
Audio-only telephone line: (Toll Free) 1-888-299-1889 or +1(647) 497-9373
Audio-only access code: 656-004-293
Merit Hearing
Monday, June 23 – Monday July 14, 2025 at 10 a.m. (Four Week Merit Hearing) Excluding Tuesday, July 1, 2025
GoTo Meeting: https://global.gotomeeting.com/join/979388733
Access code: 979-388-733
Audio-only telephone line: (Toll Free) 1-888-299-1889 or +1(647) 497-9373)
Audio-only access code: 979-388-733
15Parties 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
16Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling in to an audio-only telephone line: (Toll-Free) 1-888-299 1889 or +1 (647) 497- 9373. The Access Code is as indicated above.
17Individuals 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 Video Hearing 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.
ORDER
18The Tribunal Orders as follows:
a. OLT Case No. OLT-24-000105 and OLT Case No. OLT-24-000106 be consolidated with the already consolidated OPA Appeals being OPA 34 (OLT-23-000290), OPA 37 (OLT-23-000292) and OPA 38 (OLT-23-000293) and OPA 289 (OLT-22-003186) including Child File OPA 306 (OLT-22-003189).
b. A further Case Management Conference is scheduled to take place by Video Hearing on Thursday, December 12, 2024, at 10 a.m., and one-day has been set aside.
c. A four week Hearing is scheduled to take place on Monday June 23 – Monday, July 14, 2025 by Video Hearing. The Tribunal will not sit on Tuesday, July 1, 2025.
19The Panel is not seized but may be contacted through the Case Coordinator should procedural issues arise. There will be no further notice.
“Yasna Faghani”
YASNA FAGHANI
member
“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 (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.