Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
March 12, 2025
CASE NO.:
OLT-24-001186
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Tricar Properties Limited Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To facilitate the development of two, 12-storey residential apartment buildings and park Reference Number: OZS20-004 Property Address: 1242-1270 Gordon Street and 9 Valley Road Municipality/UT: Guelph/Wellington OLT Case No: OLT-24-001186 OLT Lead Case No: OLT-24-001186 OLT Case Name: Tricar Properties Ltd v. Guelph (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Tricar Properties Limited Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit the development of two, 10-storey apartment buildings Reference Number: OZS20-004 Property Address: 1242-1270 Gordon St and 9 Valley Rd Municipality/UT: Guelph/Wellington OLT Case No: OLT-24-000004 OLT Lead Case No: OLT-24-000004 OLT Case Name: Tricar Properties Ltd v. Guelph (City)
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: Tricar Properties Limited Subject: Site Plan Description: To permit the development of two, 10-storey apartment buildings Reference Number: SP23-020 Property Address: 1242 - 1270 Gordon St. 9 Valley Road Municipality/UT: Guelph/Wellington OLT Case No: OLT-24-000788 OLT Lead Case No: OLT-24-000788 OLT Case Name: Tricar Properties Ltd v. Guelph (City)
BEFORE:
N. Eisazadeh
Thursday, the 6th
N. EISAZADEH
day of March, 2025
UPON APPEAL having been brought by Tricar Properties Limited, under subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, regarding the failure by the City of Guelph to make a decision within the prescribed time period in respect of an application for an Official Plan Amendment (“OPA”) to facilitate the development of two, 12-storey residential apartment buildings and a municipal park on the lands municipally known as 1242-1270 Gordon Street and 9 Valley Road, in the City of Guelph;
AND THIS MATTER having come before the Tribunal on Thursday, March 6, 2025, by videoconference for a first Case Management Conference (“CMC”), whereby it marked as Exhibit 1 the Affidavit of Service of Isabella Da Rosa sworn on February 12, 2025, attesting to proper Notice having been given for this first CMC;
AND THIS MATTER being related to two separate appeals brought by the same Applicant pursuant to subsection s. 34(11) concerning a Zoning By-law Amendment (“ZBA”, OLT-24-000004), and s. 41(12) concerning a Site Plan Approval Application (“SPA”, OLT-24-000788), under the Planning Act concerning the same development proposal as that proposed under the present appeal (the “Related Appeals”);
AND THE TRIBUNAL having granted an order consolidating the two Related Appeals by way of the Memorandum of Oral Decision delivered by S. Dixon on October 2, 2024, and Order of the Tribunal issued on October 23, 2024;
AND THE TRIBUNAL having been advised by the Parties that a settlement has been reached in the Related Appeals, and consequently on the present Appeal, and that a hearing date is scheduled on Wednesday, March 26, 2025 at 10 a.m., to consider the merits of that settlement;
AND THE TRIBUNAL having received a request to further consolidate the present Appeal with the Related Appeals so that they may be heard alongside and at the same time as the scheduled hearing date on the Related Appeals;
AND THE TRIBUNAL, having considered the issues in all three Appeals and the submissions of the Parties, being satisfied that consolidating the appeals is warranted and would provide for the most expedient and efficient hearing on the merits;
AND THE TRIBUNAL at the CMC having directed that the present Appeal shall be consolidated and heard at the same time as the Merit Hearing in the Related Appeals, currently scheduled to commence on Wednesday, March 26, 2025 at 10 a.m., by videoconference as follows:
Parties are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections:
GoTo Meeting: https://meet.goto.com/357283957
Access code: 357-283-957
Parties 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
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: (647) 497-9391 or Toll Free 1-888-455-1389. The access code is: 357-283-957.
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 request for consolidation is granted and the Tribunal File Nos. 24-001186, 24-000004, and 24-000788 be and are hereby consolidated in accordance with Rule 16.2 of the Tribunal’s Rules of Practice and Procedure; and
The Merit Hearing is scheduled to commence on Wednesday, March 26, 2025 at 10 a.m., by videoconference at the details above referenced.
“Euken Lui”
EUKEN LUI
ACTING 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
Tricar Properties Limited
Andrew Baker
Lee English
City of Guelph
Peter Gross
Stacy Porter
Ian White