Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 08, 2025
CASE NO.: OLT-25-000604
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Ottawa International Airport Authority
Subject: By-law No. 2025-258
Description: To permit the construction of a total of 660 residential units
Reference Number: D02-02-23-0004
Property Address: 3930 Riverside Drive
Municipality/UT: Ottawa/Ottawa
OLT Case No.: OLT-25-000604
OLT Lead Case No.: OLT-25-000604
OLT Case Name: Ottawa International Airport Authority v. Ottawa (City)
BEFORE:
F. LAVOIE
Tuesday, the 18^th^
MEMBER
day of November, 2025
UPON APPEAL commenced by the Ottawa International Airport Authority (“Appellant”) regarding the City of Ottawa’s (“City”) passing of Zoning By-law Amendment 2025-25 for St. Mary’s Lands Corporation (“Applicant”) to facilitate the construction of 660 residential units at 3930 Riverside Drive;
AND THE TRIBUNAL having marked as Exhibit 1 the City’s Affidavit of Service attesting to proper Notice being provided on October 17, 2025, for this Case Management Conference (“CMC”), proceeded to conduct a CMC on November 18, 2025, held by videoconference;
AND THE TRIBUNAL upon attendance at the CMC by Applicant’s counsel, granted Party status to the Applicant;
AND THE TRIBUNAL having received on consent from all Parties, including the Applicant, a draft Procedural Order (“PO”) and Issues List (“IL”), and a request to schedule a 10-day Merit Hearing;
AND THE TRIBUNAL having reviewed the PO and IL, approved both;
AND THE TRIBUNAL confirming the Parties’ awareness of Tribunal-led mediation;
AND THE TRIBUNAL having scheduled the Merit Hearing commencing at 10 a.m. on Monday, May 11, 2026, until Friday, May 22, 2026, but not sitting on May 18, 2026, by videoconference;
Parties 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:
GoTo Meeting: https://global.gotomeeting.com/join/692665589
Access code: 692-665-589
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;
Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to it by calling in to an audio-only telephone line: (Toll-Free) 1-888-299-1889 or +1 (647) 497-9373. The access code is: 692-665-589;
Individuals 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 event to ensure that they are properly connected at the correct time. Questions prior to the event may be directed to the Tribunal’s Case Coordinator.
THE TRIBUNAL ORDERS THAT:
The Merit Hearing is scheduled as detailed above;
St. Mary’s Lands Corporation is granted Party status;
The Procedural Order appended as Attachment 2 shall govern the conduct of these proceedings;
No further Notice is required; and
This Member is not seized but may be contacted through the Case Coordinator should any procedural issues arise.
“Matthew D.J. Bryan”
MATTHEW D.J. BRYAN
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.
Attachment 1
CMC Attendance List
Party Name
Counsel
Ottawa Macdonald-Cartier International Airport Authority
Roberto Aburto
Alice Mihailescu
Colin Poulin
St. Mary’s Lands Corporation
Emma Blanchard
City of Ottawa
Timothy Marc (in absentia)
Meagan Brodie
ATTACHMENT 2
Ontario Land Tribunal 655 Bay Street, Suite 1500 Toronto ON M5G 1E5 Telephone: (416) 212-6349
Toll free: 1-866-448-2248 Website: olt.gov.on.ca
Tribunaux de l’aménagement du territoire Ontario 655 rue Bay, bureau 1500 Toronto ON M5G 1E5 Téléphone: (416) 212-6349
Sans Frais: 1-866-448-2248 Site Web : olt.gov.on.ca
ISSUE DATE: December 08, 2025 CASE NO.: OLT-25-000604
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
Ottawa International Airport Authority
Subject:
Bylaw No. 2025-258
Description:
To permit the construction of a total of 660 residential units.
Reference Number:
D02-02-23-0004
Property Address/Description:
3930 and 3960 Riverside Drive
Municipality:
City of Ottawa
OLT Case No.:
OLT-25-000604
OLT Lead Case No.:
OLT-25-000604
OLT Case Name:
Ottawa International Airport Authority v Ottawa (City).
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 begin on May 11, 2026 at 10:00 a.m., for a duration of nine (9) days. https://global.gotomeeting.com/join/692665589
The parties’ initial estimation for the length of the hearing is nine (9) 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 to this Order.
The issues are set out in the Issues List attached as Attachment 2 to this Order. The Parties will attempt to resolve the issues prior to the hearing on the merits of the appeal. There will be no changes to the Issues List unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.
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.
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 and the other parties a list of the witnesses and the order in which they will be called. This list must be delivered thirty (30) days following the date this Order is Issued 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. A party who wishes to call a witness in reply to a witness identified in a witness list filed by another party must deliver a revised witness list within twenty (20) days of receiving a list of witnesses from the other party.
Expert witnesses in the same field shall have a meeting on or before March 2, 2026 and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before March 9, 2026.
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 13 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 13 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 13 below.
On or before January 12, 2026, the parties shall provide copies of their [witness and] expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 23 below.
On or before March 9, 2026, a participant 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.
On or before April 20, 2026, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
On or before April 20, 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.
Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence on or before February 26, 2026, in accordance with paragraph 23 below.
Mediation: The parties may agree to attend a mediation session at a location to be determined on or before April 27, 2026, or alternatively when the Tribunal is available.
The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before April 20, 2026.
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 requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.
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 on or before May 4, 2026 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 April 27, 2026 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. 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 the 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.
The purpose of this Procedural Order and the meaning of the terms used in this Procedural Order are set out in Attachment 4.
This Member is [not] seized.
So orders the Tribunal.
BEFORE:
Name of Member ) Date:
TRIBUNAL REGISTRAR
ATTACHMENT 1
LIST OF PARTIES AND PARTICIPANTS
A. PARTIES
Counsel/*Agent
Ottawa Macdonald-Cartier International Airport Authority
Roberto Aburto / Alice Mihailescu / Colin Poulin
Dentons Canada LLP
99 Bank Street
Suite 1420
Ottawa, ON, Canada K1P 1H4
E-mail: roberto.aburto@dentons.com, alice.mihailescu@dentons.com, colin.poulin@dentons.com
Tel: 613-288-2716
St. Mary’s Lands Corporation
Emma Blanchard
Borden Ladner Gervais LLP
World Exchange Plaza
100 Queen Street, Suite 1300
Ottawa, ON, Canada K1P 1J9
E-mail: EBlanchard@blg.com
Tel: 613-369-4755
City of Ottawa
Timothy Marc
110 Laurier Ave W
Ottawa, ON, Canada K1P 1J1
E-mail: timothy.marc@ottawa.ca
Tel: 613-580-2424 x21444
B. PARTICIPANTS
None
ATTACHMENT 2
ISSUES LIST
The identification of an issue does not mean that all parties agree that such issue, or the manner in which the issue is expressed, is appropriate or relevant to the determination of the Tribunal at the hearing. The extent to which these issues are appropriate or relevant to the determination of the Tribunal at the hearing will be a matter of evidence and argument at the hearing.
- Does the Zoning By-law Amendment (“ZBLA”) have regard to matters of provincial interest under section 2 of the Planning Act, including but not limited to:
(f) the adequate provision and efficient use of communication, transportation, sewage and water services and waste management systems;
(h) the orderly development of safe and healthy communities;
(j) the adequate provision of a full range of housing, including affordable housing;
(l) the protection of the financial and economic well-being of the Province and its municipalities
(o) the protection of public health and safety;
(p) the appropriate location of growth and development; and
(r) the promotion of built form that:
(i) is well-designed,
(iii) provides for public spaces that are of high quality, safe, accessible, attractive and vibrant.
- Is the ZBLA consistent with the Provincial Planning Statement, 2024 (“PPS”), including but not limited to:
a) 2.1.6 - Planning for People and Homes (Complete Communities/Range & Mix of Land Uses)
b) 2.2.1- Housing
c) 2.3.1.3 - Settlement Areas (Intensification and redevelopment)
d) 2.4 - Strategic Growth Areas (2.4.1.1, 2.4.1.2, 2.4.1.3 c))
e) 3.2 - Transportation Systems
f) 3.3. Transportation and Infrastructure Corridors (3.3.2 - Transportation and Infrastructure Corridors – major goods movement facilities)
g) 3.4 (3.4.1 and 3.4.2) - Airports
h) 3.5.1 and 3.5.2 - Land Use Compatibility – Major Facilities
i) 6.2 - Coordination
- Does the ZBLA conform to the City of Ottawa Official Plan, including but not limited to:
a) 2.2.1 - Intensification and Diversifying Housing Options
b) 3.2 - Supporting Intensification
c) 5.3.1.4 - Outer Urban Transect
d) 5.3.3.4 - Minor Corridors
e) 5.3.4 - Neighbourhoods – Outer Urban Transect
f) 6.2.1 1) and 2) – Corridors and Development in Corridors
g) 6.3.1 – Neighbourhoods
h) 6.3.2 2) and 3) – Form based regulation and zoning by-laws
i) 10.2 – Minimize incompatible land uses
j) Schedule C14 – Land Use Constraints Due to Airport Noise
[INTENTIONALLY DELETED]
Does the ZBLA demonstrate that it will not present an aviation safety hazard as it relates to the Ottawa Macdonald-Cartier International Airport?
Does the ZBLA, and construction of the proposed development which is enabled by the ZBLA, impact air navigation systems and navigation aids at the Ottawa Macdonald-Cartier International Airport?
Does the ZBLA have regard for the Ottawa Environmental Noise Control Guidelines?
Does the ZBLA appropriately have regard for provincial and federal guidelines, including but not limited to:
a) The Transport Canada publication TP1247;
b) MECP publication NPC-300; and
c) The current noise exposure forecast (NEF) contour maps.
- Does the ZBLA authorize heights which exceed elevations prescribed in the Ottawa Macdonald-Cartier International Airport Zoning Regulations (SOR/2009-231) (the “AZRs”)?
a) If so, does the Tribunal have jurisdiction to approve the ZBLA?
- Can the proposed development, as enabled by the ZBLA, be constructed without breaching the AZRs?
a) If not, does the Tribunal have jurisdiction to approve the ZBLA?
- Does the ZBLA represent good planning?
ATTACHMENT 3
ORDER OF EVIDENCE
NOTE: Where Parties of like interest have issues in common, they shall make reasonable efforts to coordinate their examinations-in-chief and cross-examinations so as to minimize any duplication or overlap of evidence.
A. St. Mary’s Lands Corporation – (Non Opinion – Application Context Only)
B. Appellant, Ottawa International Airport Authority
C. St. Mary’s Lands Corporation
D. City of Ottawa
E. Reply of the Appellant, Ottawa International Airport Authority
ATTACHMENT 4
Purpose of the Procedural Order and Meaning of Terms
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 authorisation 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 issue 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.