Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 03, 2025
CASE NO(S).: OLT-24-000820
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant & Appellant: 1539059 Ontario Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit a 58-storey mixed-use residential and office tower
Reference Number: OPA 1612.15
Property Address: 349 Davis Road
Municipality/Upper Tier: Oakville/Halton
OLT Case No.: OLT-24-000820
OLT Lead Case No.: OLT-24-000820
OLT Case Name: 1539059 Ontario Inc. v Oakville (Town)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant & Appellant: 1539059 Ontario Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a 58-storey mixed-use residential and office tower
Reference Number: Z.1612.15
Property Address: 349 Davis Road
Municipality/Upper Tier: Oakville/Halton
OLT Case No.: OLT-24-000821
OLT Lead Case No.: OLT-24-000820
OLT Case Name: 1539059 Ontario Inc. v Oakville (Town)
Heard: March 26, 2025 by Video Hearing
APPEARANCES:
Parties
Counsel
1539059 Ontario Inc.
Russell D. Cheeseman Stephanie A. Fleming
Town of Oakville
Jennifer Huctwith Nadia Chandra David Germain (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY SHARON L. DIONNE ON MARCH 26, 2025 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the Tribunal’s Decision and Order stemming from a second Case Management Conference (“CMC”) on the appeals of 1539059 Ontario Inc., in respect of the failure of the Town of Oakville to make a decision on applications for an Official Plan Amendment and a Zoning By-law Amendment within the prescribed timeframes pursuant to the Planning Act, R.S.O. 1990, c. P.13, as amended. The affected lands are municipally known as 349 Davis Road in the Town of Oakville.
PROCEDURAL MATTERS
2The Parties agreed on all procedural matters, including the revised draft Issues List and Procedural Order (“PO”), and the Tribunal was advised that there is agreement between the Parties that one (1) of the six (6) weeks which have been scheduled for a Hearing on the merits of the appeals will no longer be required.
3The Tribunal is satisfied with the PO attached to this Order.
4The Tribunal reminded the Parties that should they have an interest, there are opportunities for Tribunal-led mediation available, and in such an event the Case Coordinator may be contacted.
ORDER
5THE TRIBUNAL ORDERS as follows:
a. A Hearing is scheduled for the period of Monday, November 3, 2025 to Friday, December 5, 2025 (Five-week Merit Hearing). The Tribunal will not be sitting on Tuesday, November 11, 2025, and Monday, November 17, 2025. All other Hearing details and information remain the same as set out in the Tribunal’s Order dated November 26, 2024; and,
b. The Procedural Order attached hereto as Schedule 1 shall govern the conduct of this proceeding.
“Sharon L. Dionne”
SHARON L. DIONNE
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