Ontario Land Tribunal / Tribunal ontarien de l'aménagement du territoire
ISSUE DATE: May 06, 2025
CASE NO(S).: OLT-24-000482
PROCEEDING COMMENCED UNDER subsection 51(48) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Via Rail Canada Inc.
Subject: Proposed Change of Conditions of approval of draft plan of subdivision
Description: To facilitate the development of 6 development blocks
Reference Number: D07-16-20-0020
Property Address: 25 Pickering Place
Municipality: City of Ottawa
OLT Case No.: OLT-24-000482
OLT Lead Case No.: OLT-24-000482
OLT Case Name: Via Rail Canada Inc. v. Ottawa (City)
Heard: May 2, 2025 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Via Rail Canada Inc. | Jonathan Nehmetallah, Daniel Angelucci (in absentia) |
| City of Ottawa | Garett Schromm |
| Colonnade Management Inc. o/a Colonnade Bridgeport | Emma Blanchard |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. BOBKA ON MAY 2, 2025 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the fifth Case Management Conference (“CMC”) regarding an appeal filed by Via Rail Canada Inc. (“Appellant”) pursuant to s. 51(48) of the Planning Act regarding the City of Ottawa’s (“City”) approval of revised conditions of approval for the draft plan of subdivision for the property municipally known as 25 Pickering Place, in the City (“Subject Property”).
2The City approved the draft plan of subdivision for the Subject Property, with conditions on September 19, 2022. On April 5, 2024, the Appellant was notified of the City’s approval of revisions to the conditions of approval and subsequently appealed this decision to the Tribunal.
3This matter was scheduled for a five-day Hearing of the Merits to commence on April 28, 2025; however, that Hearing was adjourned, on consent, and the Parties requested that this CMC be convened instead.
UPDATE
4The Parties advised that they continue to work diligently towards a settlement of this matter and were in the final stages of executing the required documents. Counsel for the Appellant explained that while the settlement was moving forward, the Parties were jointly requesting a subsequent CMC be set in approximately three weeks’ time to ensure that the Applicant, Colonnade Management Inc. o/a Colonnade Bridgeport (“Colonnade Bridgeport”), had a date scheduled to appear before the Tribunal should the settlement not proceed as anticipated.
5The City concurred with the scheduling and timing of a subsequent CMC.
6Counsel for Colonnade Bridgepoint also concurred with the proposed path forward, but expressed concerns about the timely resolution of this matter. Ms. Blanchard noted that her client had experienced serious hardship including significant expenditures of time and resources to address the concerns raised by the Appellant. She advised that if the settlement is not finalized by the next CMC, she would be bringing forward a revised Procedural Order and seeking the urgent scheduling of a Hearing on the Merits.
7Having heard and considered the Parties’ submissions regarding the status of the settlement discussions, the Tribunal agreed with the request for a subsequent CMC and scheduled it to commence at 10 a.m. on Tuesday, May 27, 2025, by Video Hearing.
8The CMC is scheduled to proceed by video as follows:
GoTo Meeting: https://global.gotomeeting.com/join/765631861
Access code: 765-631-861
9Parties and/or Participants and/or Observers are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections.
10Parties and/or Participants 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
11Persons 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) 497-9391 or (Toll Free) 1-888-455-1389. The access code is as indicated above.
12Individuals 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.
13Should the settlement not proceed, the Parties were directed to provide the Tribunal with a revised Procedural Order, including Issues List, for consideration no later than 12 p.m. on Monday, May 26, 2025.
ORDER
14THE TRIBUNAL ORDERS THAT:
a. A subsequent Case Management Conference is scheduled as detailed in paragraph [7] above; and,
b. If required, a revised Procedural Order, including Issues List, shall be submitted to the Tribunal for consideration no later than 12 p.m. on Monday, May 26, 2025.
“S. Bobka”
S. BOBKA 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.