Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 19, 2024
CASE NO(S).: OLT-23-001209
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellants: Credit Valley Residents Association & Kaneff Properties Limited
Subject: Proposed Official Plan Amendment No. OP2006-254
Description: To permit the amendment of the Credit Valley Secondary Plan Area 45
Reference Number: OPA 2006OP-254
Property Address: The intersection of Queen Street West and Creditview Road, extending westerly to Elbern Markel Drive and easterly towards Springbrook Creek.
Municipality: Brampton
OLT Case No.: OLT-23-001209
OLT Lead Case No.: OLT-23-001209
OLT Case Name: Credit Valley Residents Association et al v. Brampton (City)
Heard: September 13, 2024, by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Kaneff Properties Limited | Mark Flowers |
| City of Brampton | Eugenia Bashura Steven Ross (in absentia) |
MEMORANDUM OF ORAL DECISION DELIVERED BY STEVEN T. MASTORAS ON SEPTEMBER 13, 2024, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The matter before the Tribunal was scheduled as a third Case Management Conference (“CMC”) relating to an Appeal pursuant to s. 17(24) of the Planning Act (“Act”) as the result of the City of Brampton (“City”) approval of a City-initiated Official Plan Amendment 254 (“OPA 254”), which amends the Credit Valley Secondary Plan Area 45, Wards 4 and 5 (“CVSPA-45”), and adopted by City Council on October 18, 2023.
2OLT Case File No. OLT-23-001209 is a remaining Appeal relating to OPA 254, by both the Credit Valley Residents Association (“CVRA”) and Kaneff Properties Limited (“Kaneff”). This matter was previously related to two other Appeals before the Tribunal OLT Case File No(s). (OLT-23-001186 and OLT-23-001187) that were recently dismissed, following the Province of Ontario’s implementation of the Cutting Red Tape to Build More Homes Act, 2024, S.O 2024, c.16 (“Bill 185”).
3As a matter of information, the CVRA’s Appeal of the Springbrook Tertiary Plan (“STP”) amendment enacted by City Council in October 2023 with reference to municipal properties located at 1626, 1646, and 1654 Queen Street West in the City, owned by Crystal Homes (Wildflowers) Corporation (“Crystal Homes”), was dismissed by the Tribunal following a Motion heard at the CMC, on May 24, 2024.
STATUS UPDATES, HEARING AND PROCEDURAL ORDER (“PO”)
4The cascading result of the above referenced matters, has ultimately evolved into the following requests for status updates at this CMC:
The CVRA, who were not present, had recently informed the Tribunal, in writing, that for various reasons, it is withdrawing its Appeal and its Party status. Therefore, the Tribunal noted that the Appeal of OPA 254 by the CVRA is withdrawn at their request along with the CVRA Party status to the matter;
Counsel for AVM Developments Inc (“AVM”) briefly appeared to inform the Tribunal that as a result of these recent developments, it is withdrawing its Party status to this Appeal, and requests that it only remain part of the distribution list for this matter. Therefore, the Tribunal further noted that AVM has withdrawn its Party status to this matter and will remain on the distribution list only;
Counsel for Cal-Markell Developments Inc. (“CMDI”) also briefly appeared and advised that its Party status is withdrawn, as it had no further business with the Tribunal related to this matter. Therefore, the Tribunal directed that CMDI is no longer considered a Party to this matter;
Counsel for Crystal Homes also corresponded with the Tribunal, advising that: “as it stands, Crystal Homes’ lands are not part of any of the following proceedings: OLT-23-001209, OLT-23-001186, and OLT-23-001187. Therefore, Crystal Homes takes no further interest in them and, consequently, will not attend the upcoming CMC.” Therefore, the Tribunal determined that Crystal Homes is no longer a Party to this matter; and
Springbrook Community Management Inc. (“Springbrook”) had previously been noted as a Party to this matter but did not respond to communication from the Case Coordinator and did not appear at this CMC. Therefore, the Tribunal further directed that Springbrook’s Party status to this matter is removed.
5Finally, Counsel for Kaneff, informed the Tribunal that it has not prepared a Procedural Order, and that it had not intended to seek a Hearing or further CMC at this point in time. Instead, Counsel provided the Tribunal with a status update that Kaneff is proceeding with imminent Site-Specific development applications of their own, and that these applications will be submitted to the City in the coming weeks, perhaps by the end of September 2024. Once confirmed as complete by the City, Kaneff intends to keep the Tribunal informed about its timing of these applications pursuant to requirements of the Act, in the hope that the Tribunal may consider administratively scheduling a further CMC, at its discretion, in respect of this Appeal of OPA 254.
6Counsel for the City agreed that this request is reasonable, and the Tribunal directed that the Appeal is adjourned, until a further update is provided to the Case Coordinator on or before Monday, December 16, 2024, at which time the Tribunal should have a better understanding of the timing surrounding the scheduling of a further Hearing of this matter.
ORDER
7THE TRIBUNAL ORDERS that:
a) The Appeal of Official Plan Amendment 254, by the Credit Valley Residents’ Association is withdrawn and dismissed;
b) The Appeal of Official Plan Amendment 254, by Kaneff Properties Limited is hereby adjourned; and,
c) All other directions in this Decision are so ordered.
8The Member is not seized on this matter.
9There will be no further notice.
“Steven T. Mastoras”
STEVEN T. MASTORAS 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.