2707193 Ontario Inc. v. Brampton (City), 2025 CanLII 113861

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: October 27, 2025

CASE NO(S).: OLT-25-000500

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

Appellant: 2707193 Ontario Inc.

Applicant: 69 Bramalea Holdings Limited

Subject: Proposed Official Plan Amendment

Description: To permit the development of two mixed-use residential towers with 26 storeys and 18 storeys and a total of 458 residential units.

Reference Number: OZS-2023-0020

Property Address: 69 Bramalea Road

Municipality/UT: Brampton / Peel

OLT Case No: OLT-25-000500

OLT Lead Case No: OLT-25-000500

OLT Case Name: 2707193 Ontario Inc. v. Brampton (City)

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Subject: Zoning By-law

Description: To permit the development of two mixed-use residential towers with 26 storeys and 18 storeys and a total of 458 residential units.

Reference Number: OZS-2023-0020

Property Address: 69 Bramalea Road

Municipality/UT: Brampton / Peel

OLT Case No: OLT-25-000508

OLT Lead Case No: OLT-25-000500

Heard: October 15, 2025 by Video Hearing

APPEARANCES:

Parties	Counsel
2707193 Ontario Inc. (Appellant)	Anne Benedetti, Cristin Hunt (in absentia)
69 Bramalea Holdings Limited (Applicant)	Johanna Shapira, Sean Ovas
Mac Mor of Canada Ltd. (Non-Appellant Party)	Jonathan Marun-Batista, Maggie Bassani (in absentia)
City of Brampton	Matthew Rea

MEMORANDUM OF ORAL DECISION DELIVERED BY J. Innis ON October 15, 2025 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This is the second Case Management Conference (“CMC”) respecting appeals by 2727193 Ontario Inc., under subsection 17(24) and 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, regarding the adoption of Official Plan Amendment and Zoning By-law Amendment for the lands municipally known as 69 Bramalea Road, in the City of Brampton to facilitate the development of two mixed-use towers with heights of 26 and 18 storeys, for a total of 458 residential units.

Requests for Status

2Counsel for Mac Mor of Canada Ltd. attended the CMC seeking Party Status as an adjacent property owner with a genuine interest in the matter. Counsel for Mac Mor of Canada Ltd. confirmed that they understand the role and obligations of a Party and are prepared to fulfil such a role and satisfy such obligations. On consent of the Parties, the Tribunal granted Non-Appellant Party Status to Mac Mor of Canada Ltd., reminding the Party that the sheltering provisions under Rule 8.3 of the Tribunals Rules of Practice and Procedure apply.

3No one else attended the CMC seeking either Party or Participant Status.

MEDIATION AND SETTLEMENT

4The Tribunal was advised by the Parties that they would be participating in Tribunal-led mediation commencing October 30, 2025. As such, the Tribunal directed Mac Mor of Canada Ltd. to advise the Parties and Tribunal by October 16, 2025, if they will be participating in the scheduled mediation.

5Following the commencement of Tribunal-led mediation, the Parties are directed to advise the Tribunal by November 7, 2025, whether there has been any reduction in the issues in dispute. Should the scope of the hearing be narrowed as a result, or should the Parties determine that fewer hearing days are required, the Tribunal shall be notified immediately so that the appropriate scheduling adjustments may be made.

PROCEDURAL ORDER AND ISSUES LIST

6The Tribunal received and reviewed a draft Procedural Order from the Parties. The Tribunal finds it acceptable, and the proceedings shall be governed by it (see Schedule 1).

HEARING

7Upon the request of the Parties, the Tribunal set a 13-day Hearing commencing on Monday, March 16, 2026, at 10 a.m. by Video Hearing. No further Notice is required for the Hearing.

8Parties and/or Participants and/or Observers 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.

GoTo Meeting: https://meet.goto.com/348282861

Access code: 348-282-861

9Parties 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

10Persons 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 as 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 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.

ORDER

12The Tribunal Orders that:

1. The date and particulars of the Hearing are set out above;
2. The Procedural Order appended as Schedule 1 shall govern the proceedings; and
3. Mac Mor of Canada Ltd. is granted Non-Appellant Party Status.

13The Member may be spoken to through the Case Coordinator if any issues arise.

“J. Innis”

J. INNIS 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.

Schedule 1

ISSUE DATE: CASE NO(S).: OLT-25-000500, OLT-25-000508

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

Appellant: 2707193 Ontario Inc. Applicant: 69 Bramalea Holdings Limited Subject: Proposed Official Plan Amendment Description: To permit the development of two mixed-use residential towers with 26 storeys and 18 storeys and a total of 458 residential units. Reference Number: OZS-2023-0020 Property Address: 69 Bramalea Road Municipality/UT: Brampton / Peel OLT Case No: OLT-25-000500 OLT Lead Case No: OLT-25-000500 OLT Case Name: 2707193 Ontario Inc. v. Brampton (City)

PROCEEDING COMMENCED UNDER section 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Subject: Zoning By-law Description: To permit the development of two mixed-use residential towers with 26 storeys and 18 storeys and a total of 458 residential units. Reference Number: OZS-2023-0020 Property Address: 69 Bramalea Road Municipality/UT: Brampton / Peel OLT Case No: OLT-25-000508 OLT Lead Case No: OLT-25-000500

PROCEDURAL ORDER

1. 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 request by the Parties or on its own motion.

Organization of the Hearing

2. The video hearing will begin on March 16, 2026 at 10:00 a.m through a video-conferencing platform at:

3. The Parties’ initial estimation for the length of the hearing is 13 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 will advise the Tribunal no later than November 7, 2025 if all 13 days will be required.

4. The Parties and Participants identified at the case management conference are set out in Attachment 1.

5. The issues are set out in the Issues List attached as Attachment 2. Subject to any opportunities to narrow or reduce the issues list (e.g. on consent of the Parties, through a motion, through meetings of like experts), there will be no changes to this list unless the Tribunal permits, and a Party who asks for changes may have costs awarded against it.

6. The order of evidence is set out in Attachment 3. 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 consent of the Parties, subject to the Tribunal’s approval, or by Order of the Tribunal.

7. 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 phone number as soon as possible.

8. 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

9. If the Applicant intends to seek approval of a revised proposal at the hearing, the Applicant shall provide details of the revised proposal, including, to the extent relevant, revised plans and drawings and revised draft instruments of which the Applicant is seeking approval on or before January 9, 2026. Revised proposals delivered after this date may be the subject of an adjournment motion by another Party. If a revised proposal is circulated, the Parties may amend their issues list on or before January 16, 2026, failing which the original issues list will remain in effect.

10. A Party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and other Parties a list of the witnesses and the order in which they will be called. This list must be delivered on or before January 20, 2026 and in accordance with paragraph 23 below. A Party who intends to call an expert witness must include a copy of that witness’ Curriculum Vitae and the area of expertise in which that witness is prepared to be qualified.

11. Expert witnesses in the same field shall have a meeting on or before February 6, 2026 and use best efforts to try to resolve or reduce the issues for a hearing. Following the experts’ meeting, the experts in the same field must prepare and sign a Statement of Agreed Facts and Issues identifying areas of agreement, dispute, and the outstanding issues in their field that will be addressed at the hearing. All documents prepared/exchanged and all discussions between expert witnesses are confidential and without prejudice, with the exception of the Statement of Agreed Facts and Issues which becomes part of the record when it has been signed by the experts. Following the experts’ meetings, the Parties must prepare and file a Statement of Agreed Facts and Issues with the Tribunal’s case co-ordinator on or before February 13, 2026.

12. 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 expert witness statement must be provided as in paragraph 14 below. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If these steps are not done, the Tribunal may refuse to hear the expert’s testimony.

13. 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 14 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 14 below.

14. On or before February 25, 2026, the Parties shall provide copies of their witness and expert witness statements to the other Parties and the Tribunal case-coordinator, and in accordance with paragraph 23 below.

15. On or before February 25, 2026, any Participants shall provide copies of their written participant statement to the other Parties in accordance with paragraph 23 below. A Participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

16. On or before March 9, 2026, the Parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

17. On or before March 9, 2026, 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.

18. On or before March 6, 2026, the Parties shall provide to all other Parties and the Tribunal case-coordinator a response to any written evidence that has been received, and in accordance with paragraph 23 below.

19. The Parties shall cooperate to prepare a joint document book, which shall be shared with the Tribunal case coordinator by March 11, 2026.

20. A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which require that the moving Party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.

21. 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 at least 7 days before the hearing that the written evidence is not part of their record.

22. The Parties shall prepare and file a preliminary hearing plan with the Tribunal on or before March 11, 2026 with a proposed schedule for a 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 at any time in the course of the hearing.

23. All filings shall be submitted electronically and in hard copy. Electronic copies may be file 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 the Rule 7.

24. 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.

25. A summary of key procedural dates is included in Attachment 4.

This Member is [not] seized.

So orders the Tribunal.

BEFORE:

Name of Member: Date:

TRIBUNAL REGISTRAR

Meaning of terms used in the Procedural Order:

A Party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other parties, and making submissions on all of the evidence. An unincorporated group cannot be a party and it must appoint one person to speak for it, and that person must accept the other responsibilities of a party as set out in the Order. Parties do not have to be represented by a lawyer and may have an agent speak for them. The agent must have written authorization from the party.

NOTE that a person who wishes to become a party before or at the hearing, and who did not request this at the case management conference (CMC), must ask the Tribunal to permit this.

A Participant is an individual or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a party may do so). Section 17 of the Ontario Land Tribunal Act states that a person who is not a party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A participant may also be asked questions by the parties should the Tribunal direct a participant to attend a hearing to answer questions on the content of their written submission.

A participant must be identified and be accorded participant status by the Tribunal at the CMC. A participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A participant cannot ask for costs, or review of a decision, as a participant does not have the rights of a party to make such requests of the Tribunal.

Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party or participant intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.

Visual evidence includes photographs, maps, videos, models, and overlays which a party or participant intends to present as evidence at the hearing.

A witness statement is a short written outline of the person’s background, experience and interest in the matter; a list of the issues which he or she will discuss ; and a list of reports or materials that the witness will rely on at the hearing.

An expert witness statement should include his or her (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness’ opinions on those issues and the complete reasons supporting their opinions and conclusions and (5) a list of reports or materials that the witness will rely on at the hearing. An expert witness statement must be accompanied by an acknowledgement of expert’s duty.

A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a statement of the participant’s position on the appeal; a list of the issues which the participant wishes to address and the submissions of the participant on those issues; and a list of reports or materials, if any, which the participant wishes to refer to in their statement.

Additional Information

A summons may compel the appearance of a person before the Tribunal who has not agreed to appear as a witness. A Party must ask a Tribunal Member or the senior staff of the Tribunal to issues a summons through a request. (See Rule 13 on the summons procedure.) The request should indicate how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the information provided in the request that the evidence is relevant, necessary or admissible, the Party requesting the summons may provide a further request with more detail or bring a motion in accordance with the Rules.

The order of examination of witnesses is usually direct examination, cross-examination, and re-examination in the following way:

• direct examination by the Party presenting the witness;
• direct examination by any Party of similar interest, in the manner determined by the Tribunal;
• cross examination by Parties of opposite interest;
• re-examination by the Party presenting the witness; or
• another order of examination mutually agreed among the Parties or directed by the Tribunal.

ATTACHMENT 1

LIST OF PARTIES AND PARTICIPANTS

PARTIES:

Parties	Representative	Address/Phone/E-mail
Appellant 2707193 Ontario Inc.	Anne Benedetti, Cristin Hunt	Goodmans LLP 333 Bay Street, Suite 3400 Toronto, ON M5H 2S7 Tel: 416-597-5929, 416-597-5908 Email: abenedetti@goodmans.ca, chunt@goodmans.ca
Applicant 69 Bramalea Holdings Limited	Johanna Shapira, Sean Ovas	Wood Bull LLP 65 Queen Street West, Suite 1400 Toronto, ON M5H 2M5 Tel: 416-203-5631, 416-203-7306 Email: jshapira@woodbull.ca, sovas@woodbull.ca
Approval Authority City of Brampton	Matthew Rea	City of Brampton 2 Wellington Street West Brampton, ON L6Y 4R2 Tel: 905-874-2626 Email: matthew.rea@brampton.ca
Party Mac Mor of Canada Ltd.	Maggie Bassani, Jonathan Marun-Batista	Aird & Berlis LLP 181 Bay Street, Suite 1800 Toronto, ON M5J 2T9 Tel: 416-865-3401, 416-865-3089 Email: mbassani@airdberlis.com, jmarunbatista@airdberlis.com

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 relevant or appropriate, or that the Tribunal has jurisdiction over it. The identification of an issue by a Party indicates that the Party’s intent to tender evidence and/or make submissions on it, for the purpose of fairly identifying to the other Parties the case they need to meet.

2707193 Ontario Inc. (“Bank Bros”)

1. Do the proposed Official Plan Amendment and Zoning By-law Amendment (the "Proposal") have sufficient regard to matters of provincial interest in section 2 of the Planning Act, including the matters set out in subsections (f), (h), (k), (l), (o), (p), and (r)?
2. Taking into consideration all applicable land use compatibility policies, guidelines and requirements, does the Proposal represent good planning and is it in the public interest? *
3. Is the Proposal consistent with the Provincial Planning Statement, 2024, in particular but not limited, to Policies 2.8.1, 2.8.2, and 3.5?
4. Does the Proposal conform to the Region of Peel Official Plan, in particular, but not limited to Policies 5.3.3, 5.4.18.8, 5.4.9, 5.6.3, 5.6.9, 5.6.17.3, 5.6.17.5, 5.6.17.9, 5.6.19.10, 5.6.19.18, 5.8.19, 5.8.27, and 5.8.36 and Schedules?
5. Does the Proposal conform to the Brampton Official Plan, in particular but not limited to Policies 2.4.2, 3.2.7 4.4, 4.4.2.21, 4.11.4.7, 4.14.3.20, and Schedules?
6. Has the Proposal been appropriately and compatibly located in relation to adjacent and surrounding industrial operations? *
7. Does the Proposal cause unacceptable environmental or public health and safety impacts in relation to surrounding and adjacent industrial operations? *
8. Will there be adverse noise, vibration, and/or air quality, including odour impacts on the Proposal from the existing industrial operation?
9. Has the proposal been appropriately designed and/or buffered in relation to adjacent and surrounding industrial operations? Does the Proposal incorporate design solutions and other forms of mitigation to ensure compatibility between the Proposal and surrounding and adjacent industrial operations, specifically an animal rendering facility that stores and recycles animal waste products?
10. Would the Proposal harm the long-term viability of the existing industrial operations?
11. Does the Proposal comply with the D Series Compatibility Guidelines of the Ontario Ministry of Environment, Conservation and Parks, specifically the D-6 Guidelines?
12. In the event that the Tribunal does not allow the appeal in whole or allow the appeal in part, should a reviewed or modified "H" symbol or holding provision be incorporated into the zoning for the subject lands and if so, what conditions should be included in such a holding provision?
13. Is the form and content of the Official Plan Amendment and Zoning By-Law Amendment acceptable? If not, how should the instruments be modified?
14. If the Tribunal directs modifications, should the Order be withheld to allow the City Clerk to update the instruments to reflect the Tribunal’s direction?

• Issues identified with an asterisk represent the issues that Mac Mor of Canada Ltd. will be sheltering under pursuant to Rule 8.3 of the Tribunal’s rules of practice and procedure.

ATTACHMENT 3

ORDER OF EVIDENCE

Evidence in Chief

1. 69 Bramalea Holdings Limited
2. City of Brampton
3. MacMor
4. 2707193 Ontario Inc.

Evidence in Reply

1. 69 Bramalea Holdings Limited
2. City of Brampton
3. MacMor

ATTACHMENT 4

SUMMARY OF PROCEDURAL DATES

DATE	EVENT
November 7, 2025	Confirm with the Tribunal if all the reserved hearing dates are still required
January 9, 2026	Applicant to provide revised proposal and materials, if applicable
January 16, 2026	If a revised proposal is provided, revised issues due
January 20, 2026	Exchange of list of witnesses and the order in which they will be called
February 6, 2026	Meetings of Expert Witnesses to be completed
February 13, 2026	Filing of agreed statements of facts and issues from meetings of various expert witness groups
February 25, 2026	Exchange of Participant Statements
February 25, 2026	Exchange of Expert Witness Statements
March 6, 2026	Reponses to any written evidence
March 9, 2026	Exchange of Visual Evidence
March 9, 2026	Confirm if all hearing dates required
March 11, 2026	File Joint Document Book
March 11, 2026	File preliminary Hearing Plan
March 16, 2026	Hearing commences