Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: February 06, 2024

CASE NO(S).: OLT-23-000290 OLT-23-000292 OLT-23-000293 OLT-22-003186 OLT-22-003189

PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: Palermo Village Corporation Appellant: 819655 Ontario Limited Subject: Proposed Official Plan Amendment No. 34 (OPA 34) Municipality: Town of Oakville OLT Case No.: OLT-23-000290 OLT Lead Case No.: OLT-23-000290 OLT Case Name: 819655 Ontario Limited v. Oakville (Town)

PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: Palermo Village Corporation Subject: Proposed Official Plan Amendment No. 37 (OPA 37) Municipality: Town of Oakville OLT Case No.: OLT-23-000292 OLT Lead Case No.: OLT-23-000292 OLT Case Name: Palermo Village Corporation v. Oakville (Town)

PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: Palermo Village Corporation Subject: Proposed Official Plan Amendment No. 38 (OPA 38) Municipality: Town of Oakville OLT Case No.: OLT-23-000293 OLT Lead Case No.: OLT-23-000293 OLT Case Name: Palermo Village Corporation v. Oakville (Town)

PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: Shell Canada Limited (formerly the Estate of Angus McKellar) Appellant: Newmark Developments Limited (Rosko/Finer Group) Subject: Proposed Official Plan Amendment No. 289 (OPA 289) Municipality: Town of Oakville OLT Case No.: OLT-22-003186 Legacy Case No.: PL090614 OLT Lead Case No.: OLT-22-003186 Legacy Lead Case No.: PL090614 OLT Case Name: Newmark Developments Limited (Rosko/Finer Group) v. Oakville (Town)

PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: Shell Canada Limited (formerly the Estate of Angus McKellar) Appellant: Newmark Developments Limited (Rosko/Finer Group) Appellant: Shell Canada Limited Subject: Proposed Official Plan Amendment No. 306 (OPA 306) Municipality: Town of Oakville OLT Case No.: OLT-22-003189 Legacy Case No.: PL110155 OLT Lead Case No.: OLT-22-003186 Legacy Lead Case No.: PL090614 OLT Case Name: Newmark Developments Limited (Rosko/Finer Group) v. Oakville (Town)

Heard: January 16, 2024 by Video Hearing

APPEARANCES:

Parties

Counsel

819655 Ontario Limited

Andrea Skinner

Patrick Harrington (in absentia)

Palermo Village Corporation

Andrea Skinner

Patrick Harrington (in absentia)

Town of Oakville

Jennifer Huctwith

Enirox Dundas 3015 Inc

David Bronskill

Region of Halton

Brittany Maione

Newmark Developments Limited

Did Not Appear

MEMORANDUM OF ORAL DECISION DELIVERED BY KURTIS SMITH ON January 16, 2024 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This was the first Case Management Conference (“CMC”) before the Tribunal with respect to five Official Plan Amendment appeals (“OPA Appeals”) in the Town of Oakville under s. 17(36) of the Planning Act (“Act”) regarding OPA 34 (Case No. OLT-23-000290), OPA 37 (Case No. OLT-23-000292), and OPA 38 (Case No. OLT-23-000293). In addition, this CMC includes legacy Case No. OLT-22-003186 (from 2009) and child file Case No. OLT-22-0003189 pursuant to s. 17 (24) of the Act.

2The Tribunal received and marked the Affidavit of Service of the Notice of CMC sworn by Francesca Piazza as Exhibit 1. There were no issues with the Service of Notice of the CMC, and as such, no further notice is required.

PARTY / PARTICIPANT STATUS REQUESTS

3Prior to the commencement of the CMC, the Tribunal received one Party status request and no Participant status requests.

4The Party status request received was from Enirox Dundas 3015 Inc. (“Enirox”), owners of 3005 and 3015 Dundas Street West. David Bronskill, Counsel for Enirox, explained that the Party status request was submitted with an abundance of caution as the previous owner of the property is a Party to Case No. OLT-22-003186.

5In the decision of Member Steven Stefanko, issued on June 29, 2011, for Case No. PL090614 (now OLT-22-003186), the Tribunal was advised that Shell Canada Limited had acquired all right, title, and interest in the Estate of Angus McKellar, the original owner of 3005 and 3015 Dundas Street West. As such, Enirox has acquired all rights, title, and interest of Shell Canada Limited in this matter.

6There were no objections from the Parties, and as such, the Tribunal granted/accepts the transfer of Party status to Enirox.

CONSOLIDATION

7The Parties were of the understanding that the above-mentioned cases had been administratively consolidated and jointly stated there were no objections to consolidating the matters in the event they had not already been consolidated.

8The Tribunal communicated to the Parties that the OPA Appeals will be consolidated for the following reasons if such administerial consolidation had not occurred:

a. OPA 34, 37, and 38 have the same appellant (Palermo Village Corporation).

b. OPA 289 and 306 have the same appellant (Enirox).

c. OPA 34, 37, and 38 pertain to the original appeals of OPA 289 and 306.

d. All files have the same initial approval authority, which is the Town of Oakville.

e. The Parties do not oppose the consolidation request.

f. It will allow the matters to be heard more efficiently, cost-effectively, and expeditiously than if the matters were heard separately.

9Following the CMC, the Tribunal determined consolidation had not occurred, and as such, the Tribunal grants the request for the matters to be consolidated pursuant to Rule 16 of the Tribunal Rules of Practice and Procedure.

RELATED ZONING BY-LAW AMENDMENT AND DRAFT PLAN OF SUBDIVISION

10Along with the OPA Appeals, Andrea Skinner, Counsel for Palermo Village Corporation, explained that her client has appealed the decision of the Council of the Town of Oakville pertaining to their zoning by-law amendment (“ZBA”) and draft plan of subdivision (“DPS”) applications for lands within the OPA Appeals.

11Ms. Skinner is seeking to consolidate these additional appeals.

12At the time of the CMC, the ZBA and DPS appeals had not been processed by the Tribunal, and as such, notice has not been supplied for an initial CMC pertaining to those matters.

13It was determined that it would be best to schedule a first CMC for the ZBA and DPS appeals to proceed with Notice and a second CMC for the OPA Appeals to proceed without Notice, and for both to take place concurrently.

SECOND CMC FOR OPA APPEALS

14As indicated above, it was determined that a second CMC for the OPA Appeals be scheduled to address procedural issues or schedule a Hearing, and has been scheduled to take place by Video Hearing on Wednesday, May 8, 2024, at 10 a.m.

15Parties and participants are asked to log into 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/687587165

Access code: 687-587-165

16Parties and participants 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

17Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: (Toll Free) 1-888-299-1889 or +1 (647) 497-9373. The access code is same as mentioned above.

18Individuals 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.

FIRST CMC FOR THE ZBA AND DPS APPEAL

19As indicated above, it was determined that a first CMC be scheduled to address procedural issues or schedule a Hearing for the ZBA and DPS appeals, and to address its potential unification with the OPA Appeals. This has been scheduled to take place by Video Hearing on Wednesday, May 8, 2024, at 10 a.m.

20This CMC is to proceed with Notice, and the Case Coordinator will provide directions in that regard.

ORDER

21THE TRIBUNAL ORDERS as follows:

a. Enirox Dundas 3015 Inc. is confirmed and granted Party status in these proceedings.

b. That OLT-23-000290, OLT-23-000292, OLT-23-000293, OLT-22-003186, and OLT-22-0003189 be consolidated.

c. A second CMC for the OPA Appeals, is scheduled to proceed, by Video Hearing, on Wednesday, May 8, 2024, at 10 a.m. There will be no further notice.

d. A first CMC for the ZBA and DPS Appeals, is scheduled to proceed, by Video Hearing, on Wednesday, May 8, 2024, at 10 a.m. This will proceed with notice to be provided by the Case Coordinator.

22The Member is not seized but may be contacted through the Case Coordinator should procedural issues arise.

“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.