Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 17, 2025
CASE NO(S).: OLT-25-000689
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Skyline Retail Real Estate Holdings Limited
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: Skyline Retail Real Estate Holdings Limited- 14-storey building
Reference Number: OZS24-012
Property Address: 26-40 Carden Street and 27-39 Macdonell Street
Municipality/UT: Guelph/Wellington
OLT Case No.: OLT-25-000689
OLT Lead Case No.: OLT-25-000689
OLT Case Name: Skyline Retail Real Estate Holdings Limited. v Guelph (City)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Skyline Retail Real Estate Holdings Limited
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Reference Number: OZS24-012
Property Address: 26-40 Carden Street and 27-39 Macdonell Street
Municipality/UT: Guelph/Wellington
OLT Case No.: OLT-25-000687
OLT Lead Case No.: OLT-25-000689
Heard: November 28, 2025 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Skyline Retail Real Estate Holdings Limited | Matthew Helfand |
| City of Guelph | Allison Thornton, Ian White |
| 42 Carden Shared Space | Ian Flett |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. BOBKA ON NOVEMBER 28, 2025 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference (“CMC”) for appeals filed pursuant to ss. 22(7) and 34(11) of the Planning Act regarding the failure of the City of Guelph (“City”) to make a decision within the required timeframe on an application for a an Official Plan Amendment (“OPA”) and an application for a Zoning By-law Amendment (“ZBA”) to facilitate the development of a 14-storey mixed-use building on the property municipally known as 26-40 Carden Street and 27-39 Macdonell Street.
NOTICE
2The Tribunal canvassed Counsel, who confirmed that there were no issues with the service of the Notice of the CMC. The Tribunal is in receipt of the Affidavit of Service sworn by Tarah Coutts on November 11, 2025, which was marked as Exhibit 1, and confirms that Notice was adequately served. As such, no further notice is required.
PARTY STATUS REQUEST
3Prior to the CMC, the Tribunal received a request for Party status from 42 Carden Shared Space (“42 Carden”). Counsel for 42 Carden explained that his client is the owner of lands adjacent to the Subject Property and shares a party-wall with same. The proposed redevelopment could have significant impacts on 42 Caden’s current operations and its future development. Mr. Flett stated that 42 Carden intends to participate fully in the Tribunal proceeding and raises concerns, including compatibility, built-form interface, construction impacts, loading and access arrangements, and the long-term planning objectives for the block.
4Counsel for both the Applicant/Appellant and the City had no objections to the request for Party Status.
5Upon consideration, the Tribunal found that 42 Carden had a direct interest and would assist in the fair and complete adjudication of the matters. The Tribunal granted Party status to 42 Carden in both the OPA and the ZBA matters.
CONSOLIDATION
6While these matters were joined together administratively for efficiency for the purposes of this CMC, no formal ruling had yet been made as to whether they should be consolidated or heard together.
7The Parties submitted that consolidation would be appropriate in this case. As the matters involve the same property and evidence would be presented by the same expert witnesses, the Tribunal found it appropriate to consolidate the matters.
UPDATE / MEDIATION AND SETTLEMENT
8Counsel for the Applicant/Appellant advised that in response to comments from the City and concerns expressed by the public, a revised proposal now featuring 12 storeys has been put forward. Mr. Helfand stated that the Applicant/Appellant would submit this revised proposal formally to the Tribunal, once the Issues List of the newly added Party, 42 Carden, had been received.
9Regarding settlement, all Parties were hopeful that discussions would continue and that some of the issues could be resolved or narrowed.
10The Tribunal reminded the Parties that, if interested in Tribunal-led mediation, they are to contact the Case Coordinator to begin a mediation assessment.
NEXT STEPS
11Prior to the CMC, the Parties submitted a draft PO and Issues List for consideration by the Tribunal. It was highlighted that the Issues List contained the issues of the City, but did not yet list those of 42 Carden. Mr. Helfand requested that a Hearing on the merits (“Merit Hearing”) be set in May 2026.
12When questioned by the Tribunal, all three Parties advised that they each anticipated calling two witnesses in the disciplines of land use planning and urban design, and the City suggested that it might also call witnesses regarding shadow impacts and servicing.
13Upon consideration of the draft PO and the submissions of the Parties, the Tribunal agreed with the proposed path forward and scheduled an eight-day Video Hearing to commence on Wednesday, May 6, 2026 at 10 a.m.
14The Parties and/or Participants and/or Observers are asked to log in to the hearing by video at least 15 minutes before the start of the event to test their video and audio connections:
GoTo Meeting: https://meet.goto.com/996288525;
Access Code: 996-288-525
15Parties and/or 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.
16Persons 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: 647-497-9391 or Toll Free 1-888-455-1389. The access code is: 996-228-525
17Individuals 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.
18The Parties were also directed to provide the revised PO for consideration on or before Tuesday, December 9, 2025. The Tribunal has received and reviewed the PO as submitted. With a minor revision, the Tribunal approves the revised PO, included as Attachment 1, which will govern the proceedings.
ORDER
19The Tribunal Orders that:
a) Party status is granted to 42 Carden Shared Space;
b) OLT matters OLT-25-000689 and OLT-25-000687 are consolidated;
c) An eight-day Merit Hearing is scheduled as outlined in paragraph [13]; and,
d) The revised Procedural Order with Issues List is approved.
20The Member is not seized but may be available for case management, should the Tribunal’s calendar permit.
“S. Bobka”
S. BOBKA 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.
ATTACHMENT 1