du territoire
Ontario Land Tribunal
Tribunal ontarien de l’aménagement
ISSUE DATE:
September 19, 2024
CASE NO(S).:
OLT-24-000702
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant
Forgione Investments
Subject:
Zoning By-law Application – Refusal or neglect to make a decision
Description:
To facilitate 10 back-to-back townhouse units
Reference Number:
OZ 20-011 W11
Property Address:
86 Thomas Street
Municipality/UT:
Mississauga/Peel
OLT Case No:
OLT-24-000702
OLT Lead Case No:
OLT-24-000702
OLT Case Name:
Forgione Investments v Mississauga (City)
Heard:
September 16, 2024
APPEARANCES:
Parties
Counsel
Forgione Investments
Meaghan McDermid
("Applicant/Appellant")
City of Mississauga
Baiqing Luo
("City")
MEMORANDUM OF ORAL DECISION DELIVERED BY D. CHIPMAN, ON SEPTEMBER 16, 2024, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference ("CMC") convened for an appeal brought by Forgione Investments ("Applicant/Appellant") pursuant to s. 34(11) on an application for a Zoning By-law Amendment ("ZBA") of the Planning Act ("Act") related to the property municipally addressed as 86 Thomas Street ("Subject Property") located in the City of Mississauga.
2The Applicant seeks to develop the Subject Property with 10 four-storey back to back townhouses.
3This being the first CMC the Tribunal marked the Affidavit of Service dated August 15, 2024, confirming Notice of CMC was properly served, as Exhibit 1.
PARTY AND PARTICIPANT STATUS REQUEST
4The Tribunal received no request for either Party or Participant status.
MEDIATION
5The Tribunal advised the Parties that should they wish to avail of Tribunal-led mediation as they work through an issues list, they should contact the Case Coordinator for assistance in arranging mediation.
NEXT STEPS
6The Tribunal heard there was a revised application submitted to the City on September 4, 2024, which will be brought to the attention of Mississauga City Council at its October meeting for direction. Both Parties indicated that a second CMC is warranted to move this matter forward to either a resolution through a Settlement Hearing or a further CMC to discuss the draft Procedural Order and Issues List which would be submitted on consent.
7The Tribunal directed the Parties to submit to the Case Coordinator a draft Procedural Order or Settlement materials on or before Friday, November 29, 2024, for the Tribunal’s consideration. The Tribunal advised the Parties that should a settlement be reached, they have the opportunity to provide the necessary documentation for the Tribunal’s consideration and request that the Tribunal provide a written Settlement Order at which point the above noted CMC date can be cancelled.
8A second CMC is scheduled to commence on Friday, December 13, 2024, at 10 a.m. by video hearing.
9Parties 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:
https://global.gotomeeting.com/join/656004293
Access Code: 656-004-293
10Parties 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 Go To Meeting or a web application is available: https://app.gotomeeting.com/home.html
11Persons who experience technical difficulties accessing the Go To Meeting 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 indicated above.
12Individuals 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.
13The Tribunal inquired as to whether there were any other matters to be addressed, which might assist in the fair, just and expeditious resolution of this matter. The Parties indicated that there were none.
ORDER
14THE TRIBUNAL ORDERS that:
- the date and particulars of the second CMC hearing are set out above;
- this Member is not seized but will continue to manage this file; and,
- this Member remains available through the Case Coordinator should the need arise.
"D. Chipman"
D. CHIPMAN
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.