Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 04, 2025
CASE NO(S).: OLT-23-000243
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: 154775 Canada Inc.
Appellant: 3930149 Canada Inc.
Appellant: 11034936 Canada Inc. ("Brigil")
Appellant: Forum Asset Management
Appellant: Loblaw Companies Limited
Appellant: Sisters of Charity
Appellant: Zena Investment Corporation
Subject: Proposed Official Plan Amendment No. 2023-48
Description: To amend Official Plan for the City of Ottawa to add the Orleans Corridor Secondary Plan
Reference Number: D01-01-22-0008
Municipality: City of Ottawa
OLT Case No.: OLT-23-000243
OLT Lead Case No.: OLT-23-000243
OLT Case Name: 154775 Canada Inc., et al. v. Ottawa (City)
Heard: February 18, 2025 by video hearing
APPEARANCES:
Parties
Counsel
11034936 Canada Inc. (Brigil)
Jacob Polowin
Michael Polowin, co-counsel (in absentia)
Shane Cosman (student at law)
Zena Investment Group
Meyers Youville Development Corp.
Andrew Donaldson
Gregory Meeds (in absentia)
Sobeys/SDLP 1887 Orleans Limited
Michelle Cicchino
154775 Canada Inc. (Guibord)
Alice Mihailescu
Roberto Aburto (in absentia)
Loblaw Companies Limited
Emma Blanchard
City of Ottawa (“City”)
Garett Schromm
Rui Zhang (student at law)
MEMORANDUM OF ORAL DECISION DELIVERED BY D. CHIPMAN ON FEBRUARY 18, 2025 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal convened a Case Management Conference (“CMC”) in respect of appeals filed by 11034936 Canada Inc. (“Brigil”), Zena Investments Corporation and Myers Youville Development Corp. (collectively the “Appellants”) pursuant to s. 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended (the “Act”) against the adoption by the City of Ottawa (“City”) of Official Plan Amendment No. 3 (“OPA 3”).
2In attendance was SDLP 1887 Orleans Limited (“SDLP”) who was provided status as a Non-Appellant Party to the Brigil appeal.
NEXT STEPS
3Mr. Schromm advised those in attendance, that the Tribunal had concluded the three day merit hearing on Wednesday February 12, 2025, on the appeal filed by 154775 Canada Inc. (“Guibord”) with closing remarks yet to be submitted in writing.
4Mr. Schromm advised the Tribunal the Parties subject to this CMC have continued discussions with the City with respect to narrowing issues and pursuing possible settlements of the individual appeals. He reiterated that he is optimistic that settlements can be negotiated.
5The Parties requested that a further CMC be scheduled in May 2025 to update the Tribunal on the status of settlement discussions.
6The Tribunal directed the Parties to contact the Case Coordinator should a Settlement be reached to convert the time set aside to a Settlement hearing or to request that the Settlement be decided through written submissions. If the Parties request a written Settlement decision, the Parties are to communicate with the Case Coordinator to obtain a list of required materials in support of the Settlement.
7Should the Settlement discussions fail to resolve the issues, the Parties are directed to provide the Tribunal with a draft Procedural Order and Issues List 10 days before the next CMC.
8The Tribunal directs that a further CMC be held on Tuesday, May 27, 2025, at 10 a.m. by video conference.
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:
GoToMeeting coordinates: https://global.gotomeeting.com/join/656004293
Access Code: 656-004-293
10Parties 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
11Persons who experience technical difficulties accessing the GoToMeeting 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.
12Individuals 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.
ORDER
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: 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.