du territoire
Ontario Land Tribunal
Tribunal ontarien de l’aménagement
ISSUE DATE: October 03, 2025
CASE NO(S).: OLT-24-001221
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: 2652508 Ontario Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To facilitate 26 storey building with 295 residential units
Reference Number: Z.1614.76
Property Address: 627 Lyons Lane
Municipality/UT: Oakville/Halton
OLT Case No: OLT-24-001221
OLT Lead Case No: OLT-24-001221
OLT Case Name: 2652508 Ontario Inc. v Oakville (Town)
Heard: September 29, 2025, by Video Hearing
APPEARANCES:
Parties
Counsel
2652508 Ontario Inc. (“MGM Developments”) (“Applicant/Appellant”)
Stephanie Fleming Russell Cheeseman, (in absentia)
Town of Oakville (“Town”)
Nadia Chandra
MEMORANDUM OF ORAL DECISION DELIVERED BY D. CHIPMAN ON SEPTEMBER 29, 2025, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal convened a second Case Management Conference (“CMC”) in respect of the appeal filed by MGM Developments pursuant to s. 34(11) of the Planning Act, (“Act”) which relate to an application for a Zoning By-law Amendment (“ZBA”) for a proposed residential development at 627 Lyons Lane (“Subject Property”) in the Town, for which no decision was rendered by Council.
2The ZBA Application seeks modification to the existing zoning to allow for the rezoning of the Subject Property for ‘Existing Development (ED)’ to ‘Residential High (RH)’, with a special site provision.
3The initial ZBA appeal sought permission to development of a 26-storey residential building with 295 residential units and associated vehicular and bicycle parking spaces.
CMC HEARING
4Having been advised at the first CMC that a revised application will be inclusive of an Official Plan Amendment (“OPA”), which would be submitted along with the revised ZBA, Counsel for the Applicant stated that the filing of the revisions is close to completion and that the requested height would be 42 storeys as opposed to 26 storeys, as per the initial submission. It was explained to the Tribunal that the initial submission did not require an OPA due to the opportunities through bonusing, which is no longer an option.
5The Tribunal was informed by Counsel for the Town that it is waiting on the Province to approve OPA 70 to the in force Livable Oakville Official Plan. Once received back, the Applications will be reviewed by staff to identify possible changes necessary to bring the Applications into compliance with OPA 70 and the new Mid Town By-law. The Tribunal heard there is no clear timeline expected for the Province’s response. It was decided by the Parties that in order to move this matter forward, more time is required.
6On consent, both Parties suggested a third CMC be held in 2026 to update the Tribunal. In the meantime, the Applicant will submit the revised Applications inclusive of the OPA and the Parties will continue discussions.
MEDIATION
7The Tribunal noted that Tribunal-led mediation information can be obtained through the Case Coordinator. The Parties agreed that Tribunal-led mediation will be sought to pursue a resolution to the Issues raised through the vetting of the revised Application, in accordance with OPA 70 and the new Mid Town By-law should any issues remain unresolved.
THIRD CMC HEARING
8Accordingly, the Tribunal set a third CMC to commence on Wednesday, April 1, 2026, at 10 a.m. by video conference. Parties are asked to forward a draft Procedural Order inclusive of an Issues List to the Case Coordinator 10 days in advance of the third CMC for discussion and approval by the Tribunal to advance this matter.
GoTo Meeting: https://global.gotomeeting.com/join/979388733
Access Code: 979-388-733
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. Parties 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 GoTo Meeting, or a web application is available: https://app.gotomeeting.com/home.html
10Persons who experience technical difficulties accessing the GoTo 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.
11Individuals 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.
12If the Parties resolve the remaining issues, they are directed to contact the Case Coordinator to secure a date for a Settlement Hearing.
ORDERS
13THE TRIBUNAL ORDERS its directions in this Decision.
14This Member remains available to assist with the case management of this proceeding, subject to the Tribunal’s calendar.
15No further notice will be given.
“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.