Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
April 17, 2025
CASE NO(S).:
OLT-23-000290
OLT-23-000292
OLT-23-000293
OLT-22-003186
(Formerly PL090614)
OLT-24-000105
OLT-24-000120
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
Palermo Village Corporation
Appellant:
819655 Ontario Limited
Subject:
Proposed Official Plan Amendment No. 34 (OPA 34)
Municipality:
Town of Oakville
OLT Case No.:
OLT-23-000290
OLT Lead Case No.:
OLT-23-000290
OLT Case Name:
819655 Ontario Limited v. Oakville (Town)
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
Palermo Village Corporation
Subject:
Proposed Official Plan Amendment No. 37 (OPA 37)
Municipality:
Town of Oakville
OLT Case No.:
OLT-23-000292
OLT Lead Case No.:
OLT-23-000292
OLT Case Name:
Palermo Village Corporation v. Oakville (Town)
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
Palermo Village Corporation
Subject:
Proposed Official Plan Amendment No. 38 (OPA 38)
Municipality:
Town of Oakville
OLT Case No.:
OLT-23-000293
OLT Lead Case No.:
OLT-23-000293
OLT Case Name:
Palermo Village Corporation v. Oakville (Town)
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
Shell Canada Limited (formerly the Estate of Angus McKellar)
Appellant:
Newmark Developments Limited (Rosko/Finer Group)
Subject:
Proposed Official Plan Amendment No. 289 (OPA 289)
Municipality:
Town of Oakville
OLT Case No.:
OLT-22-003186
Legacy Case No.:
PL090614
OLT Lead Case No.:
OLT-22-003186
Legacy Lead Case No.:
PL090614
OLT Case Name:
Newmark Developments Limited (Rosko/Finer Group) v. Oakville (Town)
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
Shell Canada Limited (formerly the Estate of Angus McKellar)
Appellant:
Newmark Developments Limited (Rosko/Finer Group)
Appellant:
Shell Canada Limited
Subject:
Proposed Official Plan Amendment No. 306 (OPA 306)
Municipality:
Town of Oakville
OLT Case No.:
OLT-22-003189
Legacy Case No.:
PL110155
OLT Lead Case No.:
OLT-22-003186
Legacy Lead Case No.:
PL090614
OLT Case Name:
Newmark Developments Limited (Rosko/Finer Group) v. Oakville (Town)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant:
Palermo Village Corporation
Subject:
Application to amend the Zoning By-law – Refusal of the application
Description:
To permit the development of a medium and high density mixed-use master-planned community consisting of a range and mix of residential, institutional, commercial, employment, Natural Heritage System and open space uses on 47 hectares of land containing a total of 6,890 residential units
Reference Number:
Z.1331.02
Property Address:
3069 Dundas Street West and 3278 Regional Road 25
Municipality/UT:
Town of Oakville/ Regional Municipality of Halton
OLT Case No.:
OLT-24-000105
OLT Lead Case No.:
OLT-24-000105
OLT Case Name:
Palermo Village Corporation v. Oakville (Town)
PROCEEDING COMMENCED UNDER subsection 51(39) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Palermo Village Corporation
Subject:
Proposed Plan of Subdivision – Refusal of the application
Description:
To permit the development of a medium and high density mixed-use master-planned community consisting of a range and mix of residential, institutional, commercial, employment, Natural Heritage System and open space uses on 47 hectares of land containing a total of 6,890 residential units
Reference Number:
24T-23002/1331
Property Address:
3069 Dundas Street West and 3278 Regional Road 25
Municipality/UT:
Town of Oakville/ Regional Municipality of Halton
OLT Case No.:
OLT-24-000106
OLT Lead Case No.:
OLT-24-000105
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Enirox Dundas 3015 Inc.
Subject:
Request to amend the Official Plan – Failure to adopt the requested amendment
Description:
To permit the development of 27-storey and 30-storey mixed-use residential buildings on a 3-storey podium consisting of 690 residential units.
Reference Number:
OPA.1331.01
Property Address:
3005 & 3015 Dundas Street West
Municipality/UT:
Town of Oakville/ Regional Municipality of Halton
OLT Case No.:
OLT-24-000120
OLT Lead Case No.:
OLT-24-000120
OLT Case Name:
Enirox Dundas 3015 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:
Enirox Dundas 3015 Inc.
Subject:
Application to amend the Zoning By-law – Neglect to make a decision
Description:
To permit the development of 27-storey and 30-storey mixed-use residential buildings on a 3-storey podium consisting of 690 residential units.
Reference Number:
Z.1331.01
Property Address:
3005 & 3015 Dundas Street West
Municipality/UT:
Town of Oakville/ Regional Municipality of Halton
OLT Case No.:
OLT-24-000121
OLT Lead Case No.:
OLT-24-000120
Heard:
April 14, 2025 by Video Hearing
APPEARANCES:
Parties
Counsel
819655 Ontario Limited
Patrick Harrington Alexander Suriano (in absentia)
Palermo Village Corporation
Patrick Harrington Alexander Suriano (in absentia)
Enirox Dundas 3015 Inc.
David Bronskill Ian Andres (in absentia)
Town of Oakville
Andrew Biggart Jennifer Huctwith
Region of Halton
Kelly Yerxa
Conservation Halton
Konstantine Stavrakos
Halton District School Board
Justine Reyes Brad Teichman (in absentia)
3087OBR Inc.
Lee English Pitman Patterson (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY S. Dixon ON April 14, 2025 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision and Order arises from a further Case Management Conference held regarding nine appeals that have either been consolidated or are being heard together, all relating to the North Oakville West Secondary Plan (“Secondary Plan”) in the Town of Oakville (“Town”).
2The appeals and their associated case numbers are as follows:
OLT-23-000290, OLT-23-000292, and OLT-23-000293 pertain to appeals by 819655 Ontario Limited (“819 Ontario”) and Palermo Village Corporation (“PVC”) pursuant to s. 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended (“Act”), concerning Town-initiated Official Plan Amendment (“OPA”) Nos. 34, 37 and 38 in respect of the Palermo Village Growth Area within the Secondary Plan;
OLT-24-000105 and OLT-24-000106 pertain to appeals by PVC pursuant to ss. 34(11) and 51(39) of the Act, concerning site-specific Zoning By-law Amendment (“ZBA”) and Draft Plan of Subdivision (“DPS”) applications for the lands known municipally as 3069 Dundas Street West and 3278 Regional Road 25 in the Town;
OLT-22-003186 and OLT-22-003189 pertain to appeals by PVC and Enirox Dundas 3015 Inc. (“Enirox”) pursuant to s. 17(24) of the Act, concerning OPA Nos. 289 and 306; and
OLT-24-000120 and OLT-24-000121 pertain to appeals by Enirox pursuant to ss. 22(7) and 34(11) of the Act, concerning site-specific OPA and ZBA applications for the lands known municipally as 3005 and 3015 Dundas Street West in the Town.
STATUS OF PVC SETTLEMENT DISCUSSIONS
3Counsel for PVC advised that Tribunal-led mediation of their appeals began in August 2024 and continued into the beginning of 2025, with active informal settlement discussions continuing to take place.
4As a result of their collaborative efforts, PVC and the Town have generally agreed, in principle, on a development concept for the lands subject to the PVC appeals. That concept has been translated into draft planning instruments (i.e., OPA, ZBA, and DPS) by PVC for consideration by the Parties.
5The Parties do not anticipate that all 15 days currently set aside for a Hearing on the Merits (scheduled to commence on Monday, June 23, 2025) will be necessary, but are not yet in a position to release any hearing dates.
DRAFT PROCEDURAL ORDER AND ISSUES LIST
6While a draft Procedural Order (“PO”) and Issues List (“IL”) have been circulating for some time, the Parties do not want to expend further resources finalising the same when they could instead focus their efforts on finalising a settlement. In the event a Hearing on the Merits is still required following settlement discussions, the Parties anticipate that, at minimum, the current draft IL would be substantially reduced, thereby potentially reducing the required number of hearing days.
7Accordingly, the Parties suggested that efforts to finalise the draft PO and IL be put on hold to allow the settlement discussions to advance.
8The Tribunal agreed with this approach and directed counsel for PVC to provide the Tribunal with a status update on the PVC appeals by no later than Friday, May 9, 2025. That status update is to include:
a) Whether a full or partial settlement of the PVC appeals has been reached;
b) How many hearing days, if any, are still required; and
c) Which hearing dates, if any, may be released from the Tribunal’s calendar.
9Should a Hearing on the Merits still be required (reduced or otherwise), the Tribunal directed the Parties to submit a revised draft PO and IL to the Tribunal by no later than Wednesday, May 14, 2025.
REMAINING APPEALS
10Counsel for 819 Ontario advised that they will provide an update to the Tribunal on the status of their appeals by no later than Friday, May 9, 2025.
11Counsel for Enirox advised that they continue to have discussions with the Town on their appeals and are not yet in a position to seek hearing dates.
ORDER
12THE TRIBUNAL ORDERS THAT counsel to each of the appellants provide the Tribunal with a status update on their respective appeals by no later than Friday, May 9, 2025. The status update by counsel for Palermo Village Corporation is to address the items as indicated in Paragraph [8], above.
13THE TRIBUNAL ORDERS THAT, should it be determined that a Hearing on the Merits is still required to hear the appeals by Palermo Village Corporation, a revised draft Procedural Order and Issues List be provided to the Tribunal by no later than Wednesday, May 14, 2025.
“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.