Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 13th, 2024
CASE NO.: OLT-23-000161 OLT-23-000162
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 115 Bridgeport Inc. and 1648386 Ontario Ltd.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the development of a mixed-use residential and commercial development
Reference Number: OPA 40
Property Address: 109, 115, 133 Bridgeport Road E and 30 Weber Street N
Municipality/UT: City of Waterloo
OLT Case No.: OLT-23-000161
OLT Lead Case No.: OLT-23-000161
OLT Case Name: 115 Bridgeport Inc. and 1648386 Ontario Ltd. v. Waterloo (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 115 Bridgeport Inc. and 1648386 Ontario Ltd.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of a mixed-use residential and commercial development
Reference Number: Z-22-10
Property Address: 109, 115, 133 Bridgeport Road E and 30 Weber Street N
Municipality/UT: City of Waterloo
OLT Case No.: OLT-23-000162
OLT Lead Case No.: OLT-23-000161
BEFORE:
S. BRAUN
MEMBER
Thursday, the 9th day of May, 2024
THE TRIBUNAL ORDERS that further to the Decision issued on May 1st, 2024, the Procedural Order, as agreed to between the Parties and attached hereto as Schedule “A”, shall be in force and effect for the purpose of governing the required procedures leading up to and including the hearing, which is scheduled to commence on March 17th, 2025. The Tribunal has set aside 14 days for the hearing.
“Euken Lui”
EUKEN LUI
ACTING REGISTRAR
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.
PROCEDURAL ORDER
- The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the Parties’ request or its own motion.
Organization of the Hearing
The video hearing will commence on March 17, 2025, and will continue for 14 days, ending April 3, 2025.
The Parties’ initial estimation for the length of the hearing is 14 days. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.
The Parties and Participants identified at the case management conference are set out in Attachment 1. All Parties shall attend the first day of the hearing.
The issues are set out in the Issues List attached as Attachment 2. Except for scoping or removing issues, there will be no changes to this list unless on consent of the Parties or on the direction of the Tribunal. A Party who asks for changes may have costs awarded against it. Notwithstanding the foregoing, should the Appellant(s) propose any modification(s) to the applications/proposals in accordance with this procedural order, the City and the Region reserve the right to add to/modify the issues list in response to such modifications, and costs shall not be sought by or against any Party in respect of these addition(s)/modification(s) to the issues list.
Further, notwithstanding Paragraph 5, in the event that the updated draft of the new Provincial Planning Statement (“PPS”) comes into force and effect before the hearing, the City and the Region may update the Issues List, as they deem appropriate, to reflect the new PPS, within sixty (60) days after the new PPS comes into force and effect.
The order of evidence shall be as set out in Attachment 3 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.
All Parties and any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other Parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.
Any person who intends to participate in the hearing, including Parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website.
Requirements Before the Hearing
A Party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal, the other parties, and the City Clerk a list of the witnesses and the order in which they will be called. This list must be delivered on or before November 1, 2024 and in accordance with paragraph 23 below. A Party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.
Expert witnesses in the same field shall have a meeting on or before November 15, 2024 and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the Parties must prepare a Statement of Agreed Facts and Issues and a list of the remaining issues to be addressed at the hearing and provide these to all of the Parties, the City Clerk, and the OLT case co-ordinator on or before November 22, 2024.
The Parties agree that there will be no further revisions to the updated Plans or to the Application(s), for purposes of a hearing, on or after September 9, 2024, except:
(a) on the consent of the Parties; or
(b) on the direction of the Tribunal, provided that any proposed revision(s):
i. is minor in nature (for greater certainty, not including any changes to height, density, parkland or the like);
ii. does not require any additional or modified relief from the City’s Official Plan or Zoning By-law; and
iii. is provided to the Parties in full, along with any supporting information, no later than September 27, 2024
An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 15 below. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.
Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the Party calling them must file a brief outline of the expert’s evidence as in paragraph 15 below. A Party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 15 below.
On or before December 17, 2024, the Parties shall provide copies of their witness and/or expert witness statements to the other parties, the City Clerk, and the OLT case co-ordinator and in accordance with paragraph 23 below.
On or before January 31, 2025, the Parties shall provide copies of Reply Witness Statements, if any, to the other parties, the City Clerk, and the OLT case co-ordinator and in accordance with paragraph 23 below.
On or before February 10, 2025, the Parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
On or before February 23, 2025, the Parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 23 below. If a model will be used, all Parties must have a reasonable opportunity to view it before the hearing.
The Parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before March 3, 2025.
A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal in accordance with the Tribunal’s Rule 10.
A Party who provides written evidence of a witness to the other Parties must have the witness attend the hearing to give oral evidence, unless the Party notifies the Tribunal and the other Parties at least 7 days before the hearing that the written evidence is not part of their record.
The Parties shall prepare and file a preliminary hearing plan with the Tribunal on or before March 3, 2025 with a proposed schedule for the hearing that identifies, as a minimum, the Parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The Parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.
All filings shall be submitted electronically (in searchable and printable PDF format, unless otherwise agreed by the Parties and the OLT case co-ordinator) and, if requested by the OLT case co-ordinator, in hard copy. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by Rule 7.
No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.
A summary of the various filing dates is contained in Attachment 4.
This Member is not seized.
So orders the Tribunal.
BEFORE:
S. Braun
May 9th, 2024
TRIBUNAL REGISTRAR
ATTACHMENT 1
Parties
- 115 Bridgeport Inc. & 1648386 Ontario Ltd.
TMA Law
25 Main Street West, Suite 2010
Hamilton, ON L8P 1H1
Jennifer Meader
Tel: 905.529.3476
Email: jmeader@tmalaw.ca
Mark A. de Jong
Tel: 905.529.3476
Email: mdejong@tmalaw.ca
- The Corporation of the City of Waterloo
The Corporation of the City of Waterloo
100 Regina Street South
Waterloo, ON N2J 4A8
Susan Smith
Tel: 519.747.6100
Email: susan.smith@waterloo.ca
- The Regional Municipality of Waterloo
150 Fredrick Street
Kitchener, ON N2G 4J2
Fiona McCrea
Tel: 519.575.4518
Email: fmccrea@regionofwaterloo.ca
Participants
None
ATTACHMENT 2
Issues List
NOTE: The identification of an issue on the Issues List does not constitute an acknowledgement by the Tribunal or any party that the issue is either relevant or appropriate. The identification of an issue on this list by a party indicates that party’s intent to lead evidence or argue that the issue is relevant to the proceeding, for the purpose of fairly identifying to the other parties the case they need to meet, but shall not preclude any other party from calling evidence on the issue.
The Regional Municipality of Waterloo
Do the applications appropriately address site contamination, including but not limited to completion of a Record of Site Condition and receipt of an acknowledgment letter from the Ministry of the Environment, Conservation and Parks?
Do the applications appropriately address noise impacts, from all the proposed buildings, adjacent stationary and transportation sources?
The Corporation of the City of Waterloo
Planning Act, Provincial Policy Statement, Growth Plan, and Official Plans
Do the applications have appropriate regard to the matters of Provincial interest, as set out in Section 2 of the Planning Act, R.S.O. 1990, c.P.13, as amended?
Are the applications consistent with the Provincial Policy Statement, 2020, including policies 1.1, 1.4, 1.5, 1.6 and 3.2?*
Do the applications conform to the A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020, including policies 2.2.1, 2.2.6, 3.2.5, 3.2.6 and 3.2.7?*
*(Note, on April 6, 2023, the Province released a proposal to combine the Provincial Policy Statement and the Growth Plan into a new land use policy document titled the Provincial Planning Statement. An updated draft of the proposed Provincial Planning Statement was posted to the Environmental Registry of Ontario on April 10, 2024 with the consultation set to close on May 12, 2024. As such, additional or different policies may be applicable/relevant should the proposed Provincial Planning Statement come into force and effect. The Issues List may be updated by the Region and/or the City, at their discretion, in response to and within 60 days of the Provincial Planning Statement coming into force and effect.)
Do the applications conform to the Region of Waterloo Official Plan, as amended, including policies 2.A.3, 2.A.4, 2.B (preamble), 2.B.1, 2.C.2, 2.D (preamble), 2.D.4, 2.D.6, 2.F (preamble), 2.F.2, 2.I.2, 2.I.3, 2.I.5, 3.A.2, 3.A.14., 3.A.17, 3.A.20, 5.A.25, 5.A.35, 5.A.36, 10.D.12, and 10.E.5?
Do the applications conform to the City of Waterloo Official Plan, including policies 1.4, 2.2, 2.3, 3.1, 3.2, 3.3, 3.4, 3.6, 3.9, 3.10, 3.11, 4.1, 4.5, 5.1, 5.2, 5.4, 6.1, 6.3, 6.4, 6.5, 6.6, 8.1, 8.4, 8.6, 8.7, 10.1, 10.2, 12.2.9 and 12.3.1?
Good Planning, Public Interest
- Do the applications represent good planning and are they in the public interest?
Land Use
Does the proposed development provide for an appropriate amount of commercial space?
Does the proposed development provide for an appropriate amount of non-residential uses within the Major Node?
Does the proposed development provide for an appropriate mix and range of housing, including affordable housing?
Height and Density
Do the applications adequately demonstrate that the proposed height and density of the development is consistent with and conforms to all applicable planning policy?
Does the proposed development adequately address matters of height and density, including built form, transitioning to adjacent RMU-20 and low density residential parcels, shadowing, and wind impacts?
Urban Design
Does the proposed development demonstrate compatibility and integration with surrounding land uses?
Does the proposed parking structure contribute to an animated streetscape, having regarding to matters including building height, mixing of uses, massing architectural design, character, setbacks/stepbacks, siting and landscaping, public spaces, and mitigating thermal/wind impacts?
Does the proposed development provide for appropriate urban design, in conformity with the policies of the City’s Official Plan and the City’s Urban Design Manual?
Infrastructure
- Do the applications appropriately address infrastructure, including utility requirements?
Parkland
Does the proposed development adequately address parkland requirements?
Is the proposed green space and passive recreation space in the development sufficient?
Parking
Are the proposed parking rates adequate?
Is the propose parking structure an efficient use of the land?
Is underground parking achievable?
Is loading adequate and functional for the mixed use development?
Transportation
- Are the proposed site driveways, and configuration thereof, appropriate and adequate, including mitigation of impacts on Royal Street?
Zoning
- Does the proposed development conform to all applicable zoning regulations?
ATTACHMENT 3
Order of Evidence
115 Bridgeport Inc. & 1648386 Ontario Ltd.
The Corporation of the City of Waterloo
The Regional Municipality of Waterloo
115 Bridgeport Inc. & 1648386 Ontario Ltd. in reply
ATTACHMENT 4
Summary of Filing Dates
EVENT
DATE
No further revisions to proposal/applications (except with consent of the Parties)
September 9, 2024
(September 27, 2024 for minor revisions, with direction of Tribunal)
List of Witnesses
November 1, 2024
Expert Witness Meetings
November 15, 2024
Agreed Statement of Facts & Remaining Issues
November 22, 2024
Witness/Expert Witness Statement
December 17, 2024
Reply Witness Statement
January 31, 2025
Confirm with Tribunal whether All Hearing Dates Still Required
February 10, 2025
Visual Evidence
February 23, 2025
Joint Document Book
March 3, 2025
Hearing Plan
March 3, 2025
OLT Hearing Commences
March 17, 2025 – April 3, 2025