Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 12, 2025
CASE NO(S).: OLT-24-001170
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: NYX Tannery LP
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit development of 12 and 14-storey buildings connected by 6-level podium, with 633 residential units
Reference Number: OPA OZ 24-7
Property Address: 51 and 57 Tannery Street, and 208 Emby Drive
Municipality/UT: Mississauga
OLT Case No.: OLT-24-001170
OLT Lead Case No.: OLT-24-001170
OLT Case Name: NYX Tannery LP 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: NYX Tannery LP
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit development of 12 and 14-storey buildings connected by 6-level podium, with 633 residential units
Reference Number: OPA OZ 24-7
Property Address: 51 and 57 Tannery Street, and 208 Emby Drive
Municipality/UT: Mississauga
OLT Case No.: OLT-24-001169
OLT Lead Case No.: OLT-24-001170
Heard: March 4, 2025 by Video Hearing
APPEARANCES:
Parties
Counsel
NYX Tannery LP (“Applicant”/“Appellant”)
David Bronskill
City of Mississauga (“City”)
Katie Pfaff Baiqing Luo (“in absentia”)
MEMORANDUM OF ORAL DECISION DELIVERED BY ERIC S. CROWE ON MARCH 4, 2025 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the Tribunal’s Decision and Order stemming from the first Case Management Conference (“CMC”) on the appeals of NYX Tannery LP, in respect of the failure of the council of the City of Mississauga (“City”) to make decisions on planning applications for amendments to the City’s Official Plan and Zoning By-law, affecting the lands municipally known as 51 and 57 Tannery Street and 208 Emby Drive (“Subject Lands”).
2The applications would permit redevelopment of the Subject Lands with a 12-storey building and a 14-storey building connected by a 6-level podium, resulting in approximately 633 new dwelling units.
3The Subject Lands are designated as residential High Density and Green lands, identified as in the Streetsville Community Node Character Area and subject to certain special site policies in the Official Plan.
4The Affidavit of Notice of Service dated February 14, 2025, by Rochelle Vasquez was marked as Exhibit 1.
REQUESTS FOR STATUS
5The Tribunal received a Party Status notice from Julie Daly without any reasons. In addition, several emails to the case coordinator indicated that if she could not become a Party then she requested consideration of a Participant.
6Based on the submissions of the Parties with the lack of reasons and information for the Party Status request the Tribunal has extended the time for Ms. Daly to provide a Participant Statement on or before Friday, March 7, 2025. Ms. Daly did not provide a Participant Statement by the required date and thus was not granted Participant Status to these proceedings.
7Counsel for the Regional Municipality of Peel (“Region”) advised that the Region will be seeking Participant status and was given the extended time on or before March 7, 2025. The Region did provide a Participant Statement and thus was granted Participant status to these proceedings.
8The Tribunal received no further requests for Party or Participant status.
PROCEDURAL MATTERS
9The Tribunal was in receipt of a draft Procedural Order (“PO”) submitted by the Parties. The Tribunal was advised that a City Council meeting is scheduled for March 19, 2025, which will provide further instructions for counsel concerning this matter and to finalize the PO and Issues List.
10The Parties agreed on procedural matters and were seeking the scheduling of a 10 day hearing considering that there will be several experts for each Party. Based on the submissions of the Parties and the complexity of the case the Tribunal finds 10 days reasonable.
11The Tribunal inquired as to whether there were any other matters to be addressed, and the Parties indicated there were none.
NEXT STEPS
12A 10 day hearing is scheduled to commence at 10 a.m. on Monday, October 20, 2025, and to continue to and including Friday, October 31, 2025, by video conference.
13The Tribunal directs the Parties, in the event the matters are not settled, to prepare a final PO and to submit same by no later than 4:30 p.m. on Monday, March 24, 2025. The Tribunal has encouraged the Parties to continue to narrow the issues.
14Parties and Participants and Interested persons 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/370987861
Access Code: 370-987-861
15Parties and Participants and Interested persons 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: +1 (647) 497-9391or (Toll Free) 1-888-455-1389. The access code is as indicated in paragraph 14 above.
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 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.
MEDIATION
18The Parties were encouraged to request, through the Case Coordinator, Tribunal facilitated mediation to assist with settlement discussions should the parties deem it potentially helpful in this regard.
ORDER
19THE TRIBUNAL ORDERS as follows:
(a) a 10 day hearing of the appeals has been scheduled as described above;
(b) a final Procedural Order is to be delivered to the Tribunal no later than 4:30 p.m. Monday, March 24, 2025;
(c) the Member will remain available for continued case management to the extent that the Tribunal calendar permits.
“Eric S. Crowe”
ERIC S. CROWE
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.