Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 15, 2025 CASE NO(s).: OLT-22-004828
OLT-22-004829 OLT-22-004830
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: The Elia Corporation
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: An official plan amendment is required to permit the proposed density of the development
Reference Number: OZ/OPA 21/008 W4 & T-M 21/003 W4
Property Address: 4615 Hurontario Street, 136 Eglington Avenue East and 25, 35, 55, and 110 Elia Avenue
Municipality/UT: Mississauga/ Region of Peel
OLT Case No.: OLT-22-004828
OLT Lead Case No.: OLT-22-004828
OLT Case Name: The Elia Corporation 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: The Elia Corporation
Subject: Application to amend the Zoning By-law- Refusal or neglect to make a decision
Description: A zoning by-law amendment is required to permit the proposed development
Reference Number: OZ/OPA 21/008 W4 & T-M 21/003 W4
Property Address: 4615 Hurontario Street, 136 Eglington Avenue East and 25, 35, 55, and 110 Elia Avenue
Municipality/UT: Mississauga/ Region of Peel
OLT Case No.: OLT-22-004829
OLT Lead Case No.: OLT-22-004828
OLT Case Name: The Elia Corporation v. Mississauga (City)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990 c.P.13, as amended
Applicant and Appellant: The Elia Corporation
Subject Proposed Plan of Subdivision- Failure of Approval Authority to make a decision
Description: Development proposed 8 apartment buildings ranging in height from 28-storeys to 42-storeys with ground related commercial uses, a 45- storey mixed use building and 8 blocks of town houses
Reference Number: OZ/OPA 21/008 W4 & T-M 21/003 W4
Property Address: 4615 Hurontario Street, 136 Eglinton Avenue East, and 25, 35, 55, and 110 Elia Avenue
Municipality/ UT: Mississauga/ Region of Peel
OLT Case No.: OLT-22-004830
OLT Lead Case No.: OLT-22-004828
OLT Case Name: The Elia Corporation v. Mississauga (city)
ORDER
B E F O R E:
WILLIAM R. MIDDLETON
“William R. Middleton”
VICE-CHAIR
Wednesday, the 15th day of January, 2025
THESE APPEALS having come on for a hearing on March 21, 2024, the Ontario Land Tribunal (the “Tribunal”) having heard opinion evidence in the area of land use planning that the appeals by The Elia Corporation (the “Appellant”) under subsections 22(7), 34(11) and 51(34) of the Planning Act R.S.O. 1990 c.P.13, as amended (the “Appeal”) should be allowed, in part, that the planning instruments attached as Schedules A, B, C & D for the proposed development of the lands known municipally as 4615 Hurontario Street, 136 Eglinton Avenue East, and 25, 35, 55, and 110 Elia Avenue, Ontario should be approved, and the Tribunal having issued a Memorandum of Oral Decision and Interim Order on May 30, 2024;
FURTHER UPON being advised of the consent of the Parties to this proceeding and upon reviewing and considering the provisions of the planning instruments described in the Order made below, and upon being satisfied that those instruments satisfy all applicable provisions of the Planning Act, R.S.O. 1990 c.P.13, as amended;
THE TRIBUNAL ORDERS THAT:
The appeal of the Official Plan Amendment [OLT Case No. OLT-22-004828] is allowed in part and the Official Plan Amendment attached as Schedule A is approved.
The Appeal of the Zoning By-law Amendment [OLT Case No. OLT-22-004829] is allowed in part and the Zoning By-law Amendment attached as Schedule B is approved.
The appeal of the draft plan of subdivision [OLT Case No. OLT-22-004830] is allowed in part and the draft plan of subdivision attached as Schedule C (“Draft Plan”) is hereby approved subject to the conditions of draft plan approval which are attached as Schedule D. (“Conditions”)
Pursuant to subsection 51(56.1) of the Planning Act (“Act”), that the City of Mississauga shall have the authority to clear the Conditions and grant final approval of the Draft Plan of subdivision for the purposes of subsection 51(58) of the Act, subject to subsection 51(56.2) of the Act.
This Order shall not prevent the City from changing the Conditions as prescribed in section 51(45) of the Act.
In the event that there are any difficulties implementing any of the Conditions, the Tribunal may be contacted for assistance.
Schedule C
Schedule D