Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 13, 2025
CASE NO.: OLT-22-004843
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Edenshaw Queen Developments Limited Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To permit the construction of two mixed-use residential buildings of 40 and 42 storeys Reference Number: OZ/OPA 22-10 W1 Property Address: 88 Park Street E Municipality/UT: Mississauga/Peel OLT Case No.: OLT-22-004843 OLT Lead Case No.: OLT-22-004843 OLT Case Name: Edenshaw Queen Developments Limited v. Mississauga (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Edenshaw Queen Developments Limited Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit the construction of two mixed-use residential buildings of 40 and 42 storeys Reference Number: OZ/OPA 22-10 W1 Property Address: 88 Park Street E Municipality/UT: Mississauga/Peel OLT Case No.: OLT-22-004844 OLT Lead Case No.: OLT-22-004843
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Edenshaw Queen Developments Limited Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision Description: To permit the construction of two mixed-use residential buildings of 40 and 42 storeys Reference Number: TM 22/02 W1 Property Address: 88 Park Street E Municipality/UT: Mississauga/Peel OLT Case No.: OLT-22-004845 OLT Lead Case No.: OLT-22-004843
BEFORE:
WILLIAM R. MIDDLETON VICE-CHAIR
Wednesday, the 12th day of March, 2025
WHEREAS THESE APPEALS of applications for an official plan amendment and a zoning by-law amendment in respect of the lands municipally known as 88 Park Street East, Mississauga (the “Subject Property”), came before the Ontario Land Tribunal (the “Tribunal”) for a public hearing on April 25, 2024.
AND THE TRIBUNAL having received uncontroverted expert land use planning opinion evidence from David Sajecki, MCIP, RPP, in the form of an affidavit sworn on April 24, 2024 and oral evidence at the hearing, in support of a settlement between the applicant and the City of Mississauga, which was not opposed by the other party to this proceeding, Metrolinx (collectively, the “Parties”), or the Region of Peel, a participant to this proceeding.
AND THE TRIBUNAL having issued a Decision and Interim Order on May 6, 2024 that allowed the appeal by Edenshaw Queen Developments Limited, in part, and approved in principle, on an interim basis, the Amendment to the Zoning By-law and the Amendment to the Official Plan of the City of Mississauga, both appended to that Interim Order, subject to the satisfaction and confirmation of the pre-requisite matters set out in paragraph 9(b) of the Interim Order.
AND THE TRIBUNAL having been advised by the Solicitor for the City of Mississauga that the pre-requisite matters set out in paragraph 9(b) of the Interim Order have been satisfied.
THE TRIBUNAL ORDERS THAT:
The appeals of Edenshaw Queen Developments Limited pursuant to subsections 22(7) and 34(11) of the Planning Act are allowed in part;
The City of Mississauga Official Plan is amended as set out in Attachment 1 to this Order; and
The City of Mississauga Zoning By-law 0225-2007 is amended as set out in Attachment 2 to this Order.
“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
ATTACHMENT 2