Lansink v. London (City), 2025 CanLII 24780

Ontario Land Tribunal

ISSUE DATE: March 19, 2025

CASE NO(S).: OLT-22-002286 (Formerly PL170100)

PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: 1390226 Ontario Inc. Appellant: 1610341 Ontario Inc. Appellant: 1705823 Ontario Ltd. (c/o York Developments) Appellant: 1739626 Ontario Ltd. (c/o York Developments); and others Subject: The London Plan Municipality: City of London OLT Case No.: OLT-22-002286 Legacy Case No.: PL170100 OLT Lead Case No.: OLT-22-002286 Legacy Lead Case No.: PL170100 OLT Case Name: Lansink v. London (City)

Heard: March 6, 2025 by Video Hearing

APPEARANCES:

Parties	Counsel
Auburn Developments Inc.	Jonathan Cheng Patrick Duffy (in absentia)
York Developments	Jonathan Cheng Patrick Duffy (in absentia)
Sari Belzycki	Lee English
City of London	Christina McCreery Aynsley Hovius

MEMORANDUM OF ORAL DECISION DELIVERED BY S. DIXON ON MARCH 6, 2025 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This Decision and Order arises from a further Case Management Conference ("CMC") held regarding four remaining appeals filed pursuant to s. 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended, concerning the 2016 Official Plan for the City of London ("City").

2The four remaining appeals arise from two appellants:

1. Auburn Developments Inc. – Appeal No. 1; and
2. York Developments – Appeal Nos. 36, 37, and 41.

3A further appeal (Appeal 15, also by York Developments) was previously consolidated with related site-specific appeals for official plan and zoning by-law amendment applications and was recently resolved through a separate hearing process.

4Sari Belzycki was previously granted party status to these proceedings and is sheltering under Appeal 37.

5Except for the four remaining appeals outlined above, the 2016 Official Plan is in full force and effect, as previously ordered by the Tribunal.

STATUS UPDATES ON REMAINING APPEALS

Appeal 1

6Counsel for the City advised the Tribunal that a site plan application has been submitted to the City for the lands subject to Appeal 1, being 560-562 Wellington Street. The Parties requested that Appeal 1 to these proceedings be adjourned sine die while the site plan application is being processed by the City.

7The request was granted by the Tribunal.

Appeal 36

8Appeal 36 pertains to lands municipally known as 175-199 Ann Street and 84-86 George Street, including two properties (183 and 197 Ann Street) that are subject to separate appeals filed pursuant to s. 29(11) of the Ontario Heritage Act, R.S.O. 1990, c. O.18, concerning the passing of heritage designation by-laws by the City (Case No. OLT-22-004555).

9The Appellant filed heritage alteration permits on November 29, 2024, which are currently being reviewed by the City. The Parties requested that Appeal 36 to the proceedings at hand be adjourned sine die while that process unfolds.

10The request was granted by the Tribunal.

Appeals 37 and 41

11Appeal 37 pertains to lands known municipally as 550 Ridout Street North, 82, 84, 86, 88, 90, 90 ½, 92, 96 and 106 Kent Street, and 545 Talbot Street in the City.

12Appeal 41 pertains to lands known municipally as 3080 Bostwick Road in the City.

13The Parties advised the Tribunal that they have not reached a resolution of Appeals 37 or 41 and requested that a Hearing on the Merits of both appeals be scheduled for early 2026.

14Counsel for the Appellants submitted that site-specific applications for each site are forthcoming, and it may be appropriate – should those applications be appealed to the Tribunal – to consolidate the potential appeals for those applications with the appeals to the 2016 Official Plan.

15The Parties agreed that a single seven-day Hearing on the Merits in early 2026 would be sufficient to address both remaining appeals.

DRAFT PROCEDURAL ORDER AND ISSUES LIST

16The Parties submitted a draft Procedural Order and Issues List to the Tribunal on March 13, 2025, following the CMC.

17The Tribunal hereby approves the Procedural Order and Issues List attached hereto as Schedule 1, which shall govern the remainder of these proceedings.

HEARING DATES

18The Tribunal granted the Parties' request and scheduled a Hearing on the Merits, to be conducted by video hearing, commencing at 10 a.m. on Monday, February 2, 2026 for seven consecutive business days.

19Parties 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:

GoTo Meeting: https://global.gotomeeting.com/join/692665589

Access Code: 692-665-589

20Parties 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.

21Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: +1-647-497-9373 or (Toll Free) 1-888-299-1889. The Access Code is as indicated above.

22Individuals 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 having carriage of this case.

ORDER

23THE TRIBUNAL ORDERS that Appeal No. 1 to these proceedings is hereby adjourned sine die. Counsel to Auburn Developments Inc. is ordered to provide a status update on Appeal No. 1 by no later than Friday, September 19, 2025.

24THE TRIBUNAL ORDERS that Appeal No. 36 to these proceedings is hereby adjourned sine die. Counsel to York Developments is ordered to provide a status update on Appeal No. 36 by no later than Friday, September 19, 2025.

25THE TRIBUNAL ORDERS that the Procedural Order and Issues List attached to this Order as Schedule 1 are in effect and shall govern the remainder of these proceedings.

"S. Dixon"

S. DIXON 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.

SCHEDULE 1

PROCEDURAL ORDER

CASE NO(S).: OLT-22-002286 (formerly PL170100)

PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Appellant(s): Ridout and Kent Block Inc. (c/o York Developments) 731675 Ontario Ltd. (c/o York Developments)

Subject: The London Plan

Municipality: City of London

OLT Case No.: OLT-22-002286 Legacy Case No.: PL170100 OLT Lead Case No.: OLT-22-002286 Legacy Lead Case No.: PL170100 OLT Case Name: Lansink v London (City)

YORK DEVELOPMENTS AND RELATED ENTITIES

Site-Specific Appeal Nos. 37 and 41

1. The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties' request or its own motion.

Organization of the Hearing

2. The video hearing will begin on February 2, 2026 at 10:00 a.m.

3. The length of the hearing will be 7 days. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.

4. The parties and participants identified at the case management conference are set out in Attachment 1 (see the sample procedural order for the meaning of these terms).

5. The issues are set out in the Issues List attached as Attachment 2. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.

6. The order of evidence shall be as set out in Attachment 3 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties' consent, subject to the Tribunal's approval, or by Order of the Tribunal.

7. Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative's name, address, email address and the phone number as soon as possible.

8. Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal's Video Hearing Guide, available on the Tribunal's website.

Requirements Before the Hearing

9. The deadlines for the hearing are summarized in Attachment 4 to this Order.

10. A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of the witnesses and the order in which they will be called. This list must be delivered on or before Monday, September 29, 2025 and in accordance with paragraph 24 below. A party who intends to call an expert witness must include a copy of the witness' Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified. Any challenges to the witness, including qualifications of a witness to give opinion evidence in the area of expertise proposed shall be made by motion in accordance with the Tribunal's Rules and notice of same must be served on the other Parties on or before Tuesday, October 14, 2025.

11. On or before Monday, November 10, 2025, the parties shall provide any proposed policy language to the other parties and to the OLT case co-ordinator.

12. Expert witnesses in the same field shall have a meeting on or before Monday, November 17, 2025 and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts' meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before Monday, December 1, 2025.

13. An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 15 below. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert's testimony.

14. Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert's evidence as in paragraph 15 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness' evidence, as in paragraph 15 below.

15. On or before Monday, December 5, 2025, the parties shall provide copies of their witness and expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 24 below.

16. On or before Monday, December 5, 2025, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 24 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

17. On or before Wednesday, January 7, 2026, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

18. On or before Monday, January 19, 2026, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 24 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

19. Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence no later than Friday, December 19, 2025 and in accordance with paragraph 24 below.

20. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before Monday, January 26, 2026.

21. A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal's Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.

22. A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.

23. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before Monday, January 26, 2026 with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.

24. All filings shall be submitted electronically unless otherwise directed. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7.

25. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal's Rule 17 applies to such requests.

This Member is not seized.

So orders the Tribunal.

Attachment 1

Appeal No. 37 – 550 Ridout Street North, 82, 84, 86, 88, 90, 90 ½, 92, 96, 106 Kent Street & 545 Talbot Street

1. City of London Aynsley Hovius / Christina McCreery City of London 300 Dufferin Avenue P.O. Box 5035 London, Ontario N6A 4L9 E-mail: ahovius@london.ca / cmccreery@london.ca Tel.: (519) 639-7408 / (519) 670-3926 Fax: (519) 661-0082

2. Ridout and Kent Block Inc. (c/o York Developments) Patrick G. Duffy / Jonathan S. Cheng Stikeman Elliott LLP Barristers & Solicitors 5300 Commerce Court West 199 Bay Street Toronto, Ontario M5L 1B9 E-mail: pduffy@stikeman.com / jcheng@stikeman.com Tel.: (416) 869-5257 / (416) 869-6807 Fax: (416) 947-0866

3. Sari Belzycki Lee English Borden Ladner Gervais LLP Bay Adelaide Centre, East Tower 22 Adelaide Street West Toronto, Ontario M5H 4E3 E-mail: lenglish@blg.com Tel.: (416) 367-6169 Fax: (416) 367-6749

Appeal No. 41 – 3080 Bostwick Road

1. City of London Aynsley Hovius / Christina McCreery City of London 300 Dufferin Avenue P.O. Box 5035 London, Ontario N6A 4L9 E-mail: ahovius@london.ca / cmccreery@london.ca Tel.: (519) 639-7408 / (519) 670-3926 Fax: (519) 661-0082

2. 731675 Ontario Ltd. (c/o York Developments) Patrick G. Duffy / Jonathan S. Cheng Stikeman Elliott LLP Barristers & Solicitors 5300 Commerce Court West 199 Bay Street Toronto, Ontario M5L 1B9 E-mail: pduffy@stikeman.com / jcheng@stikeman.com Tel.: (416) 869-5257 / (416) 869-6807 Fax: (416) 947-0866

Attachment 2

NOTE: Identification of an issue on this list does not mean that all parties agree that such an issue, or the manner in which it is expressed, is appropriate or relevant for the proper determination of the matter. The extent of the appropriateness and/or relevance of the issue may be a matter of evidence and/or argument at the hearing.

List of policies is intended for reference only and is not exhaustive of all policies engaged by the issues. Policy references are to the June 10, 2024 consolidation of the London Plan.

APPEAL No. 37

ISSUE

Ridout and Kent Block Inc. 550 Ridout Street North, 82, 84, 86, 88, 90, 90 ½, 92, 96, 106 Kent Street, and 545 Talbot Street

1. Do the intensification policies and development standards of The London Plan, including those referenced in Policies 919 through 923, Policy 935, Policies 937 through 940, Policies 954 through 958, Policies 961 and 965, Policies 967 through 970, Policies 1025 through 1028, Table 8, Tables 10 and 11, and Maps 1, 2, and 7*, have appropriate regard for the relevant matters of provincial interest enumerated in section 2 of the Planning Act, including the matters set out in sections 2(h), 2(j), 2(p), 2(q)?

2. Do the intensification policies and development standards of The London Plan, including those referenced in Policies 919 through 923, Policy 935, Policies 937 through 940, Policies 954 through 958, Policies 961 and 965, Policies 967 through 970, Policies 1025 through 1028, Table 8, Tables 10 and 11, and Maps 1, 2, and 7, promote opportunities for residential intensification and redevelopment on 550 Ridout Street North, 82, 84, 86, 88, 90, 901/2, 92, 96, 106 Kent Street, and 545 Talbot Street, consistent with the policies of the PPS, including Chapter 1 and Policies 2.1.6, 2.2.1, 2.3.1 and 2.9, and do these policies have due consideration for the existing development context?

3. Do Policies 958_1 and 1028 contain sufficient permissions to appropriately transition intensity or height in the Neighbourhoods Place Type, particularly in instances adjacent to the Downtown Place Type, including redevelopment on 550 Ridout Street North, 82, 84, 86, 88, 90, 901/2, 92, 96, 106 Kent Street, and 545 Talbot Street, and is this policy consistent with the policies of the PPS, including Policies 2.1.6, 2.2.1, 2.3.1 and 2.9, and does this policy have due consideration for the existing development context?

4. Is it appropriate to apply a Specific Area policy to guide development on 550 Ridout Street North, 82, 84, 86, 88, 90, 90 ½, 92, 96, 106 Kent Street, and 545 Talbot Street considering the intended development form and the existing development context, and would the inclusion of this Specific Area policy represent good land use planning and be in the public interest? What is the appropriate language for such a Specific Area policy?

APPEAL No. 41

ISSUE

731675 Ontario Ltd. 3080 Bostwick Road

1. Do the intensification policies and development standards of The London Plan, including those referenced in 919 through 923, Policy 935, Policies 937 through 940, Policies 954 through 958, Policies 961, 1558 and 1565, Tables 10 through 12, and Maps 1, 2 and 7*, have appropriate regard for the relevant matters of provincial interest enumerated in section 2 of the Planning Act, including the matters set out in sections 2(h), 2(j), 2(p), 2(q)?

2. Do the intensification policies and development standards of The London Plan, including those referenced in 919 through 923, Policy 935, Policies 937 through 940, Policies 954 through 958, Policies 961, 1558 and 1565, Tables 10 through 12, and Maps 1, 2 and 7, promote opportunities for residential intensification and redevelopment on 3080 Bostwick Road consistent with the policies of the PPS, including Policies 2.1.6, 2.2.1, 2.3.1 and 2.9, and do these policies have due consideration for the existing development context?

3. Do the intensification policies and development standards of The London Plan adequately consider existing residential development permissions applying to 3080 Bostwick Road pursuant to the 1989 Official Plan and the Southwest Area Secondary Plan, are these policies consistent with the policies of the PPS, including Policies 2.1.6, 2.2.1, 2.3.1 and 2.9, and do these policies have due consideration for the existing development context?

4. Is it appropriate to limit residential development on 3080 Bostwick Road to a maximum building height of 12 storeys and a maximum density of 150 units/ha pursuant to Policy 958_2 of The London Plan, considering existing development permissions applying to this property, is this consistent with the policies of the PPS, including Policies 2.1.6, 2.2.1, 2.3.1 and 2.9, and do these policies have due consideration for the existing development context?

5. Is it appropriate to apply a Specific Area policy to guide development on 3080 Bostwick Road considering the intended development form and the existing development context, and would the inclusion of this Specific Area policy represent good land use planning and be in the public interest? What is the appropriate language for such a Specific Area policy?

Attachment 3

Day 1

1. City of London - Factual Background

Days 2-4: Appeal No. 37 – 550 Ridout Street North, 82, 84, 86, 88, 90, 90 ½, 92, 96, 106 Kent Street & 545 Talbot Street

1. City of London
2. Ridout and Kent Block Inc. (c/o York Developments)
3. Sari Belzycki
4. City of London (Reply)

Days 5-7: Appeal No. 41 3080 Bostwick Road

1. City of London
2. 731675 Ontario Ltd. (c/o York Developments)
3. City of London (reply)

Attachment 4

DATE	EVENT
Monday, September 29, 2025	Exchange of witness lists (names, disciplines and order to be called)
Tuesday, October 14, 2025	Last date to challenge identification of expert witness
Monday, November 10, 2025	Deadline for proposed policy language
Monday, November 17, 2025	Deadline for Experts' Meeting to be held
Monday, December 1, 2025	Agreed Statement of Facts
Friday, December 5, 2025	Exchange of Witness Statements, summoned witness outlines, Expert Reports and Participant Statements
Friday, December 19, 2025	Exchange of Reply Witness Statements (if any)
Wednesday, January 7, 2026	Parties to advise Tribunal if any hearing dates are to be released from the hearing calendar (if any)
Monday, January 19, 2026	Exchange of visual evidence (if any)
Monday, January 26, 2026	Final Hearing Plan filed with the Tribunal
Monday, January 26, 2026	Finalize Joint Document Book
Monday, February 2, 2026	Hearing commences