Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 21, 2025
CASE NO(S).: OLT-24-001125
PROCEEDING COMMENCED UNDER subsection 38(4) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: Sangar Construction
Subject: Interim Control By-law 0165-2024
Description: Appeal of decision - Interim Control By-law 0165-2024
Reference Number: CD.03-RID
Property Address: 3650 Eglinton Avenue W
Municipality: Mississauga/Peel
OLT Case No.: OLT-24-001125
OLT Lead Case No.: OLT-24-001125
OLT Case Name: Sangar Construction v. Mississauga (City)
Heard: February 19, 2025 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Sanger Construction | M. McDermid, G. O’Brien (in absentia) |
| City of Mississauga | S. Rouleau, L. Magi, R. Kehar (in absentia) |
MEMORANDUM OF ORAL DECISION DELIVERED BY C. HARDY ON FEBRUARY 19, 2025 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal convened the first Case Management Conference (“CMC”) relating to an appeal filed by Sanger Construction (“Appellant”) against Interim Control By-law No. 0165-2024 (“ICBL”) which was passed by Council for the City of Mississauga (“City”) on September 11, 2024. The ICBL restricts use of lands at the southwest corner of Ridgeway Drive and Eglinton Avenue West in the City (“ICBL lands”), including 3650 Eglinton Avenue West (“subject property”), which is owned by Mushtaq Siddiqui for whom the Appellant is acting as authorized agent. The Appellant appealed City Council’s enactment of the ICBL pursuant to s. 38(4) of the Planning Act, R.S.O. 1990, c. P.13, as amended.
2The ICBL restricts use of the ICBL lands, including the subject property, while the City completes studies to examine land use policies, parking and zoning provisions. Included in the ICBL is the prohibition of a number of uses on the ICBL lands which were not legally existing as of September 11, 2024, including a “restaurant establishment”.
CONFIRMATION OF NOTICE
3The Tribunal confirmed with Counsel that there were no known issues with service of the Notice of the CMC and as such, no further notice is required. The Tribunal received the Affidavit of Service of Notice of Alexander Davies dated January 7, 2025 which was marked as Exhibit 1 to the CMC.
STATUS REQUESTS
4The Tribunal did not receive any written requests, nor was there any person or entity present at the CMC requesting Party or Participant status in the proceedings.
UPDATE AND NEXT STEPS
5Counsel for the Appellant explained that in February 2022, the Appellant commenced a Zoning By-law Amendment (“ZBA”) application which would facilitate the redevelopment of the subject property. Since that time, the ZBA application has been progressing through the City’s Development and Review Committee process. Some of the uses contemplated through the ZBA application are now prohibited uses in the ICBL, which led to the Appellant’s appeal.
6The Appellant anticipates that its ZBA application will be deemed complete by the City in the coming weeks. As such, the Appellant agreed with the City to adjourn the appeal sine die in order to allow the ZBA application process to proceed while at the same time, the City will undertake the studies contemplated in the ICBL. The Parties explained that the Appellant’s issues with the ICBL may get resolved through this process and the result will be that either the appeal is settled or scoped.
7The Appellant requested scoping the appeal to be site specific to the subject property. Counsel for the Appellant explained that the distinction between and appeal of a ZBA and an ICBL is that an appeal of an ICBL does not put the ICBL on hold but rather, the ICBL remains in effect as of the date that it is passed. As such, the Parties were requesting that the appeal be scoped to the subject property and thereby release the appeal of the ICBL as it applies to all other properties in the ICBL lands. The Parties agreed that they would provide the Tribunal with a written status update within 6 months.
ORDER
8THE TRIBUNAL ORDERS THAT the appeal of Interim Control By-law No. 0165-2024 is scoped to 3650 Eglinton Avenue West, Mississauga.
9THE TRIBUNAL FURTHER ORDERS THAT the appeal is adjourned sine die. The Parties are directed to provide the Tribunal with a written status update within 6 months of the issuance of this Order.
10The case management directives above are so ordered.
11There will be no further notice and this Member is not seized, however, will remain available for case management subject to the Tribunal’s calendar.
“C. Hardy”
C. HARDY
VIce-Chair
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.