Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 10, 2024
CASE NO(S).: OLT-24-000073
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: McCormick Villages Inc.
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit proposed draft plan of subdivision
Reference Number: 39T-21508/OZ-9545
Property Address: 1156 Dundas Street
Municipality/UT: City of London
OLT Case No.: OLT-24-000073
OLT Lead Case No.: OLT-24-000073
OLT Case Name: McCormick Village Inc. v. London (City)
Heard: September 4, 2024 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| McCormick Village Inc. | P. Lombardi |
| City of London | C. McCreery A. Hovius (in absentia) |
MEMORANDUM OF ORAL DECISION DELIVERED BY S.L. DIONNE ON SEPTEMBER 4, 2024 AND ORDER OF THE TRIBUNAL
Link to Order
1McCormick Village Inc. (“Appellant”) filed appeals against the City of London (“City”) in respect of the adoption of Official Plan Amendment No. 74 (“OPA 74”), the passing of amending Zoning By-law No. Z-1-223068 (“ZBL”), and its failure to make a decision on a proposed Draft Plan of Subdivision (“DPS”) within the prescribed timeframe(s), under the Planning Act, R.S.O., 1990, c. P.13, (“Act”). The affected lands are municipally known as 1156 Dundas Street (“Subject Lands”).
2By way of the Tribunal’s Orders of July 24, 2024 and August 14, 2024, the s.17(24) and s. 34(11) appeals have been dispensed with. OPA 74 came into effect on June 19, 2024. The ZBA came into full force and effect on August 14, 2024.
3At the request of the Parties, a Hearing on the Merits of the Settlement with respect to the s. 51(34) appeal was scheduled for September 4, 2024. The Parties appeared before the Tribunal to acknowledge that they are in contravention of the Tribunal’s directions to file certain documents by no later than August 27, 2024, and to advise that they are not in a position to proceed.
4The City submitted that it has made efforts to date, referencing correspondence dated September 3, 2024, provided to the Tribunal and setting out a chronology of those efforts since June 11, 2024. This includes the City preparing draft Conditions of Draft Plan Approval (“Conditions of DPA”) and providing same to the Appellant without the benefit of having received a revised proposed DPS.
5The City also advised that it is now in receipt of comments from the Appellant on the draft Conditions of DPA. However, the revised proposed DPS has still not been received by the City.
6The City seeks an Order of the Tribunal imposing a timeline for document exchange. Additionally, the City advises that should the Appellant not adhere to such deadlines as may be directed by the Tribunal, the City intends to pursue a costs award against the Appellant.
7Counsel for the Appellant submitted that her client is aware of the critical timeline(s) and of the City’s current position.
8Upon hearing the submissions of the Parties, the Tribunal now issues this Memorandum of Oral Decision and Order with the directions that follow.
ORDER
9THE TRIBUNAL ORDERS THAT:
a) On or before Tuesday, September 20, 2024, the Appellant shall file a revised proposed Draft Plan of Subdivision with the City;
b) On or before Friday, September 27, 2024, the City shall respond to the Appellant in respect of the proposed Draft Plan of Subdivision with comments in writing;
c) On or before Monday, October 28, 2024, the Parties shall submit the final form of the proposed Draft Plan of Subdivision and Conditions of Draft Plan Approval, along with an Affidavit of a Planner in support thereof, to the Tribunal and shall submit a written request for the re-scheduling of a hearing on the merits of the settlement of the appeal under s. 51(34) of the Planning Act, R.S.O., c. P. 13;
d) In the event that the Parties do not submit the documents and make the request for the re-scheduling of a hearing on the merits of a settlement as contemplated in Item [c)] above, the City is directed to contact the Tribunal to seek the scheduling of a Telephone Conference Call for the purposes of providing the Tribunal with a status update; and
e) Further, in the event that issues on the appeal between the Parties remain, the Parties are directed to provide the Tribunal with an updated Issues List for a future hearing by Thursday, November 7, 2024.
10The Member remains seized of these matters.
“S.L. Dionne”
S.L. DIONNE 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.