154775 Canada Inc. v. Ottawa (City), 2024 CanLII 81264

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: August 22, 2024

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

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/UT: 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)

Heard: August 8, 2024, by Video Hearing

APPEARANCES:

Parties

Counsel

Loblaw Companies Limited

Emma Blanchard

City of Ottawa

Garett Schromm

Forum Asset Management

Mithea Murugesu

Johanna Shapira (in absentia)

154775 Canada Inc.

Alice Mihailescu

MEMORANDUM OF ORAL DECISION DELIVERED BY KURTIS SMITH ON August 8, 2024 AND ORDER OF THE TRIBUNAL

Link to Order

INTRODUCTION/BACKGROUND

1The Tribunal convened a Settlement Hearing to consider the Appeal filed by Loblaw Companies Limited (“Loblaw”) against the City of Ottawa’s (“City”) adoption of the new secondary plan for the Orléans Corridor area (“OCSP”) that related to their property municipally known as 1301 Trim Road and 975 Old Montreal Road (“Subject Lands”). Forum Asset Management and 154775 Canada Inc. who also have ongoing appeals for the OCSP attended the Settlement Hearing.

2As a result of ongoing positive communications between the Parties, a resolution was reached between Loblaw and the City regarding the six policy disagreements.

3To support the Settlement Proposal, the Tribunal, based on Benjamin Morin’s Curriculum Vitae and Acknowledgement of Expert’s Duty, qualified Mr. Morin to provide opinion evidence in the area of land use planning.

SETTLEMENT HEARING

4Mr. Morin provided the Tribunal with oral evidence and a well thought out witness statement (Exhibit 1) to support his opinion that the proposed settlement amendments have regard for s. 2 of the Planning Act (“Act”), is consistent with the Provincial Policy Statement, 2020 (“PPS”), and conforms to the City’s Official Plan (“COP”). Furthermore, he is of the opinion that the proposed settlement amendments support and clarify the plan’s vision and intent of the OCSP.

5Provided on page 117 of Exhibit 1, Mr. Morin incorporated the chart below, illustrating the City Council approved policies compared to the proposed settlement policies:

6Mr. Morin communicated to the Tribunal that generally the proposed settlement amendments provide simplified, more direct, yet less proscribed policy direction which maintains the vision and intent of the OCSP for the Subject Lands. He provided a clear and concise summary of the proposed amendments and their intents on pages 5-7 of Exhibit 1.

FINDINGS

7The Tribunal accepts the uncontested planning evidence and opinions of Mr. Morin and is satisfied that the proposed settlement amendments represent good planning, has regard for matters of provincial interest, is consistent with the PPS, and COP. Furthermore, the amendments provide a practical direction that is less prescriptive, which allows for clearer policy direction while also providing flexible development choices on the Subject Lands.

ORDER

8THE TRIBUNAL ORDERS THAT the Appeal is allowed in part and Orders that the Official Plan for the City of Ottawa is modified as set out in Attachment 1 to this Order.

“Kurtis Smith”

Kurtis Smith

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.

ATTACHMENT 1

Schedule “1”

Details of Amendment

That the Orléans Corridor Secondary Plan, as adopted by City of Ottawa By-law 2023-48, be amended as follows:

1. Section 6.5, policy 11, be replaced with the following:

11. Active transportation connections should be identified on the required Demonstration Plan to provide safe and direct access to Trim Station from areas south and east, while also providing an 'east-west' midblock connection to Trim Road. For phased developments, active transportation connections sufficient to support the relevant phase should be provided in accordance with the Demonstration Plan.

2. Section 6.5, policy 14, be replaced with the following:

14. Parkland shall be conveyed in connection with the development of 1301 Trim Road and 975 Old Montreal Road through the development review process. Parkland dedication will be coordinated to create a contiguous park block, which may be located entirely on either 1301 Trim Road or 975 Old Montreal or may be located partly on each of these properties, and which will be shown on the required Demonstration Plan to the satisfaction of the City.

3. The text of Section 6.5, policy 33 be deleted and replaced with “Intentionally deleted”

4. Section 6.5, policy 34, be replaced with the following:

34. The Demonstration Plan shall have regard for separation requirements and mitigation measures contained in the applicable Ministry of Environment, Conservation and Parks (MOECP) guidelines, and Section 10.2.1 of the Official Plan.

5. Section 6.5, policy 35, be replaced with the following:

35. The required Demonstration Plan provides for a mixed use development of 1301 Trim Road and 975 Old Montreal Road, and will have regard for the urban design objectives and public realm policies of the Secondary Plan such as Policies 4.2.6, 4.2.10 and 4.11.3. Notwithstanding Policy 5.2(3), single-storey commercial development shall be permitted on sites abutting Old Montreal Road.

6. That the map contained in Schedule “C”, “Public Realm and Mobility Improvements”, be amended to remove the “Park” identifier placed on the subject properties, being 1301 Trim Road and 975 Old Montreal Road.