ISSUE DATE: September 5, 2024
CASE NO(S).: OLT-24-000638
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 9287043 Canada Corporation
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of a 72-lot residential subdivision
Reference Number: DO2-02-21-0071
Property Address: 6544 Jack Pine Crescent
Municipality: Ottawa
OLT Case No.: OLT-24-000638
OLT Lead Case No.: OLT-24-000638
OLT Case Name: 9287043 Canada Corporation v. Ottawa (City)
PROCEEDING COMMENCED UNDER subsection 51(43) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 9287043 Canada Corporation
Subject: Conditions of approval of draft plan of subdivision
Description: To permit the development of a 72-lot residential subdivision
Reference Number: DO7-16-21-0023
Property Address: 6544 Jack Pine Crescent
Municipality: Ottawa
OLT Case No.: OLT-24-000639
OLT Lead Case No.: OLT-24-000638
Heard: August 30, 2024 by Video Hearing
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| 9287043 Canada Corporation | Kyle Gossen, Alexandra Egi* |
| City of Ottawa | Timothy Marc |
MEMORANDUM OF ORAL DECISION DELIVERED BY F. LAVOIE ON AUGUST 30, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision and Order arise from the first Case Management Conference (“CMC”) held regarding Appeals filed by 9287043 Canada Corporation (“Appellant”) pursuant to s. 34(11) and 51(43) of the Planning Act, R.S.O. 1990, c. P.13, as amended in respect of the City of Ottawa’s (“City”) refusal of its Application for a Zoning By-law Amendment (“ZBA”) and the conditions of approval of draft Plan of Subdivision, to permit the development of a 72-lot residential subdivision at the property municipally known as 6544 Jack Pine Crescent (“Subject Lands”).
PROCEDURAL MATTERS
2The Tribunal was in receipt of an Affidavit of Service sworn by Nidhi Mistry on August 1, 2024, which was marked as Exhibit 1. There were no issues with the service of notice for the CMC, and as such, no further notice is required.
3The Tribunal received a Participant status request from David and Ann Brown, represented by Crystal McConkey. No party raised any issues with the Tribunal granting this Participant status request. Accordingly, David and Ann Brown were granted Participant status.
4The Parties advised the Tribunal that they had reached a settlement of the ZBA Appeal, and would later advise the Tribunal with their request for a settlement hearing date.
5The Tribunal received a draft Procedural Order and Issues List for the outstanding 51(43) Appeal. The Parties also advised the Tribunal that a nine to ten days Hearing on the Merits would be required for the 51(43) Appeal.
6The Parties are directed to provide an updated Procedural Order and Issues List, and their ZBA Settlement Hearing date request by Friday, September 13, 2024.
7The Tribunal scheduled a nine-day Hearing on the Merits to proceed Monday, January 13, 2025, at 10 a.m. by videoconference, until Friday, January 24, 2025. No hearing will be held on Thursday, January 16, 2025.
8Parties are asked to log in to the Hearing at least 15 minutes before the start of the event to test their video and audio connections:
GoToMeeting: https://meet.goto.com/278736685
Access Code: 278-736-685
9Parties 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.
10Persons who experience technical difficulties accessing the GoToMeeting application or wish only to listen to the event can connect to the event by calling in to an audio-only telephone line: +1 (647) 497-9391 or (Toll-Free): 1-888-455-1389. The access code is indicated as above.
11Individuals 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.
ORDER
12THE TRIBUNAL ORDERS the following:
a. The Hearing on the Merits will take place on the date set out in paragraph 7 of this Decision.
b. The directions in this Decision.
“F. Lavoie”
F. LAVOIE MEMBER
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.