DeZen Realty Company Limited v. Mississauga (City), 2025 CanLII 43227

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: May 5, 2025

CASE NO.: OLT-24-001122, OLT-24-001123, OLT-24-001124

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: DeZen Realty Company Limited

Subject: Request to amend the Official Plan – Failure to adopt the requested amendment

Description: To permit 5 mixed use buildings

Reference Number: OZ OPA 24-8

Property Address: 120,128,142,148,154,158 Queen Street South and 169 Crumbie Street

Municipality/UT: Mississauga/Peel

OLT Case No.: OLT-24-001122

OLT Lead Case No.: OLT-24-001122

OLT Case Name: DeZen Realty Company Limited 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: DeZen Realty Company Limited

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description: To permit 5 mixed use buildings

Reference Number: OZ OPA 24-8

Property Address: 120,128,142,148,154,158 Queen Street South and 169 Crumbie Street

Municipality/UT: Mississauga/Peel

OLT Case No.: OLT-24-001123

OLT Lead Case No.: OLT-24-001122

PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: DeZen Realty Company Limited

Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision

Description: To permit 5 mixed use buildings

Reference Number: 21T-M 24-4 W11

Property Address: 120,128,142,148,154,158 Queen Street South and 169 Crumbie Street

Municipality/UT: Mississauga/Peel

OLT Case No.: OLT-24-001124

OLT Lead Case No.: OLT-24-001122

BEFORE:

W. DANIEL BEST

MEMBER

Friday, the 2nd day of May, 2025

THE TRIBUNAL ORDERS that further to the Decision issued on March 21, 2025, the Procedural Order, as agreed to between the Parties and attached hereto as Schedule “A”, shall be in force and effect for the purpose of governing the required procedures leading up to and including the hearing, which is scheduled to commence on February 17, 2026. The Tribunal has set aside 29 days for the hearing.

The login details for the Merit Hearing are as follows:

AT: 10:00 AM

ON: February 17, 2026

AT: https://global.gotomeeting.com/join/692665589

Access code: 692-665-589

“Euken Lui”

EUKEN LUI

ACTING REGISTRAR

Ontario Land Tribunal

Website: 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 “A”

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: DeZen Realty Company Limited

Subject: Request to amend the Official Plan – Failure to adopt the requested amendment

Description: To permit 5 mixed use buildings

Reference Number: OZ OPA 24-8

Property Address: 120,128,142,148,154,158 Queen Street South and 169 Crumbie Street

Municipality/UT: Mississauga/Peel

OLT Case No.: OLT-24-001122

OLT Lead Case No.: OLT-24-001122

OLT Case Name: DeZen Realty Company Limited v. Mississauga (City)

PROCEEDING COMMENCED UNDER 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: DeZen Realty Company Limited

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description: To permit 5 mixed use buildings

Reference Number: OZ OPA 24-8

Property Address: 120,128,142,148,154,158 Queen Street South and 169 Crumbie Street

Municipality/UT: Mississauga/Peel

OLT Case No.: OLT-24-001123

OLT Lead Case No.: OLT-24-001122

OLT Case Name: DeZen Realty Company Limited 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: DeZen Realty Company Limited

Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision

Description: To permit 5 mixed use buildings

Reference Number: 21T-M 24-4 W11

Property Address: 120,128,142,148,154,158 Queen Street South and 169 Crumbie Street

Municipality/UT: Mississauga/Peel

OLT Case No.: OLT-24-001124

OLT Lead Case No.: OLT-24-001122

OLT Case Name: DeZen Realty Company Limited v. Mississauga (City)

DRAFT PROCEDURAL ORDER

1. The Tribunal may vary or add to these rules at any time, either on request or as it sees fit. It may alter this Order by an oral ruling, or by another written Order.

Organization of the Hearing

2. The hearing will begin on February 17, 2026 at 10:00 a.m. by videoconference.

3. The length of the hearing will be approximately six (6) weeks. The Tribunal will not sit on Monday, March 2, 2026. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements in issues where possible.

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

5. The issues for the hearing 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, except of the Issues List is modified on consent of the parties, through mediation or pursuant to a settlement between the parties.

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. If the applicant intends to seek approval of a revised proposal at the hearing, the applicant shall provide copies of the revised proposal, including all revised plans, drawings, proposed instruments, updated supporting documents and reports, to the other parties before September 19, 2025. The applicant acknowledges that any revisions to the proposal after that date without the consent of the parties may be grounds for the Tribunal to adjourn the hearing.

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 October 20, 2025 and in accordance with paragraph 23 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 proposed to be qualified.

11. Expert witnesses in the same field shall have a meeting on or before November 19, 2025 and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting, and if the expert witnesses reach an agreement, the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before December 4, 2025.

12. 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 14 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.

13. 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 14 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 14 below.

14. On or before December 12, 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 23 below.

15. On or before December 12, 2025, a participant shall provide copies of their written participant statement to the other parties and to the OLT case co-ordinator and in accordance with paragraph 23 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

16. Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence on or before January 19, 2026 and in accordance with paragraph 23 below.

17. On or before January 13, 2026, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

18. On or before January 27, 2026 the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 23 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

19. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before February 3, 2026.

20. 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.

21. 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 and the other parties at least 7 days before the hearing that the written evidence is not part of their record.

22. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before February 3, 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.

23. All filings shall be submitted electronically, and in hard copy to the Tribunal if requested. 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.

24. 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.

SUMMARY OF DATES

DATE

EVENT

September 19, 2025

Last date to provide copies of revised proposal, including all revised plans and drawings (if any)

October 20, 2025

Parties to exchange lists of witnesses (names, disciplines, CVs and intended order to be called)

November 19, 2025

Expert witnesses in the same field shall have a meeting

December 4, 2025

Parties to file Statements of Agreed Facts and Issues

December 12, 2025

Witness Statements and Participant Statements to be exchanged

January 19, 2026

Reply Witness Statements to be exchanged

January 13, 2026

Parties to advise OLT if all scheduled hearing days are required

January 27, 2026

Parties to exchange copies of visual evidence

February 3, 2026

Joint document book to be filed

February 3, 2026

Parties to file hearing plan

February 17, 2026

Hearing commences

ATTACHMENT 1 LIST OF PARTIES

DeZen Realty Company Limited Davies Howe LLP 425 Adelaide Street West, 10th Floor Toronto, ON M5V 3C1 John Alati johna@davieshowe.com Samantha Lampert samanthal@davieshowe.com Tel: (416) 977-7088 Fax: (416) 977-8931

City of Mississauga Corporate Services 300 City Centre Drive Mississauga, ON LSB 3Cl Baiqing Luo baiqing.luo@mississauga.ca Tel: (905) 615-3200 ext. 5017 Fax: (905) 615-4081

K.C. Property Management Russell D. Cheeseman Royal Building, Municipal Law Chambers 277 Lakeshore Road East, Suite 211 Oakville, ON L6J 1H9 Russell Cheeseman rdcheese@aol.com Stephanie Fleming sfleming@mlawc.com Tel: (416) 955-9533 Fax: (416) 955-9532

ATTACHMENT 2 ISSUES LIST

NOTE: The identification of an issue on the Issues List does not constitute an acknowledgement by the Tribunal or any Party that the issue is relevant or appropriate, or that the Tribunal has jurisdiction over it. The identification of an issue by a Party indicates that Party’s intent to tender evidence on it, for the purpose of fairly identifying to the other Parties the case they need to meet. No Party shall make submissions or tender evidence on an issue not identified on the Issues List without leave of the Tribunal.

Issues List of the City of Mississauga

PLANNING ACT

1. Does the proposed development have regard to matters of Provincial interest as outlined in Section 2 of the Planning Act, including but not limited to paragraphs (d), (f), (i), (j), (h), (p) and (r)?

2. Does the proposed development have regard to matters that are to be considered when reviewing a draft plan of subdivision as outlined in Section 51 (24) of the Planning Act?

PROVINCIAL PLANNING STATEMENT 2024

3. Is the proposed development consistent with the Provincial Planning Statement, 2024, including but not limited to Policies 2.3.1.3, 2.3.1.6, 2.4.1.3 a, b, c & e, 3.1.1, 3.1.2, 3.1.3, 3.1.4, and 3.9.1 a & b?

PEEL REGION OFFICIAL PLAN

4. Is the proposed development consistent with the Region of Peel Official Plan, including but not limited to Policies 5.4.18 (1-6, 8), 5.6 (1-7 &9), and 5.6.17 (1-5, 7-16)?

MISSISSAUGA OFFICIAL PLAN

5. Does the proposed development conform to Mississauga Official Plan, including but not limited to policies in:

a. Chapter 4: Vision – Section 4.4 Guiding Principles, and Section 4.5 Achieving the Guiding Principles

b. Chapter 5: Direct Growth – Section 5.3 City Structure, Section 5.3.3 Community Nodes, Section 5.4 Corridors (5.4.1-5.4.10), and Section 5.5 Intensification Areas (5.5.1-5.5.9, 5.5.11-5.5.17)

c. Chapter 6: Value The Environment – Section 6.1 Introduction, Policy 6.2.7, Section 6.3 Green System (6.3.64-6.3.69, 6.3.73, 6.3.74), Section 6.4.2 Stormwater and Drainage, Section 6.7 Brownfield Sites (6.7.1-6.7.4), and Section 6.10 Noise (6.10.1.1- 6.10.1.6, 6.10.3, 6.10.4)

d. Chapter 7: Complete Communities – Section 7.1 Introduction (7.1.1-7.1.6, 7.1.8-7.1.10), Section 7.2 Housing (7.2.1-7.2.5, 7.2.7-7.2.9), Section 7.4 Community Infrastructure (7.4.1-7.4.5, 7.4.7, 7.4.8, 7.4.12, 7.4.14), Section 7.5 Heritage Planning (7.5.1.3, 7.5.2.3, and 7.5.1.14), and Section 7.7 – Distinct Identities (7.7.1.1-7.7.1.3, 7.7.1.5, )

e. Chapter 8: Create A Multi-Modal City – Section 8.2.2 Road Network, Section 8.4 Parking, and Section 8.8 Rail Corridors (8.8.3)

f. Chapter 9: Build a Desirable Urban Form – Section 9.1 Introduction (9.1.1-9.1.2, 9.1.5 -9.1.11, 9.1.13 & 9.1.15), Section 9.2 City Pattern, Section 9.2.1 Intensification Areas (9.2.1.1, 9.2.1.3 – 9.2.1.7, 9.2.1.9-9.2.1.39), Section 9.2.3 Green System, Section 9.2.4 Cultural Heritage Resources, Section 9.3.1 Streets and Blocks (9.3.1-9.3.10), Section 9.3.3. Gateways, Routes, Landmarks and Views (9.3.3.1-9.3.3.3, 9.3.3.5-9.3.3.8), Section 9.3.5 Open Spaces and Amenity Areas (9.3.5.1, 9.3.5.4-9.3.5.9), Section 9.5 Site Development and Buildings, Section 9.5.1 Context (9.5.1.1-9.5.1.13), Section 9.5.2 Site Development (9.5.2.1-9.5.2.7, 9.5.2.11, 9.5.2.12, 9.5.2.14), Section 9.5.3 Buildings (9.5.3.1-9.5.3.10, 9.5.3.15-9.5.3.19), Section 9.5.4 Relationship to the Public Realm, and Section 9.5.5 Parking, Servicing and Loading

g. Chapter 10: Foster A Strong Economy – Section 10.4 Retail (10.4.1, 10.4.4-10.4.6)

h. Chapter 11: General Land Use Designations – Section 11.2.6 Mixed Use (11.2.6.1-11.2.6.4, 11.2.6.6)

i. Chapter 14: Community Nodes – Section 14.1.1 General, and Section 14.10 Streetsville (14.10.1.1-14.10.1.11, 14.10.2.2, 14.10.2.3,14.10.3,14.10.4, 14.10.5, 14.10.6.6, 14.10.7.1)

j. Chapter 19: Implementation – Section 19.4 Development Applications, Section 19.5 Criteria for Site Specific Official Plan Amendments, Section 19.7 Subject to a Holding Provision, Section 19.13 Subdivisions and 19.19 Public Open Space and Recreational Facilities

SCOPE OF APPLICATIONS AND PREMATURITY

1. The Official Plan Amendment application is for the entire property (the “Site”). The plan of subdivision and rezoning applications are for phase 1 of the proposed development (“Phase 1”). Is the scope of the applications appropriate in relation to one another?

   1. Does the plan of subdivision application allow for a comprehensive review of the proposed development of the Site from an infrastructure delivery and servicing perspective?

INTERIM CONDITION OF SITE AND PHASING OF THE PROPOSED DEVELOPMENT

2. Has the applicant demonstrated, through an appropriate phasing plan, that orderly development of the Site will not be hindered, including but not limited to
   1. whether appropriate infrastructure delivery and servicing for the Site can be accommodated;
   2. whether lands subject to subsequent phases of the proposed development (“Remainder of the Site”), including the Commercial Plaza, can function on an interim basis; and
   3. whether the Remainder of the Site will comply with the zoning by-law, including but not limited to parking requirements in the course of the proposed development?

PLANNING, URBAN DESIGN, AND LANDSCAPE

3. Does the proposed development represent an appropriate level of intensification, height, and density for this area?

4. Is the proposed amount of commercial gross floor area appropriate?

5. Has the applicant demonstrated that a feasible and appropriate streetscape condition can be achieved on both Queen Street South and on the proposed public roads?

6. Has the applicant demonstrated that a high quality public realm throughout the Site, including but not limited to the location of transformers, streetscape elements, as well as a consistent street wall along Queen Street South, are feasible?

7. Has the applicant demonstrated that the proposed development does not preclude the ability for the abutting property located at 136 Queen Street South to redevelop in an orderly manner, including giving considerations to future access?

8. Have the City’s Sun Access criteria as outlined in the Standards for Shadow Studies been adequately addressed?

9. Have the City’s Wind Comfort and Safety criteria as outlined in the Terms of Reference for Pedestrian Wind Comfort and Safety Studies been adequately addressed?

10. Does the proposed development provide appropriately located and sized indoor and outdoor amenity areas in Phase 1 and subsequent phases, and adequately address noise exposure to the amenity areas?

11. Are the proposed parking accesses appropriate from urban design, landscape and planning perspectives?

TRANSPORTATION AND WORKS

12. Has the applicant addressed all existing and proposed easements associated with the development of the Site to demonstrate that the concept plan is technically feasible?

13. Has the applicant submitted a satisfactory Environmental Noise and Vibration Report demonstrating the feasibility of the development on both an interim and ultimate basis, inclusive of outdoor living areas?

14. Has the applicant sufficiently demonstrated that noise levels comply with the level set out in the Official Plan and the relevant Ministry of Environment NPC-300 guideline?

15. Has the Transportation Impact Study sufficiently demonstrated feasibility of the proposed development, including but not limited to the proposed sight triangles and connection to Crumbie Street?

16. Are the proposed interim right-of-ways (Street A & B) associated with Phase 1 feasible and appropriate, including but not limited to the turnaround facilities, width and the proposed phased delivery?

17. Has the applicant provided functional and acceptable designs for the proposed road network?

18. Has the applicant demonstrated the feasibility of the existing and proposed storm sewer system for the Site on both interim and ultimate basis?

FIRE

19. Does the proposed development comply with all regulations pertaining to the fire code, including but not limited to the proposed fire route and Interim Street A, including but not limited to Articles 3.2.5.4, 3.2.5.5, 3.2.5.6, and 3.2.5.15 of the Ontario Building Code (O Reg 332/12)?

PARKING

20. Has the applicant adequately justified the proposed reduction in residential and visitor parking rates proposed for the new residential development?

21. Has a satisfactory Parking Utilization Study (PUS) been submitted with relevant proxy site survey data, as per the City’s Parking Terms of Reference?

PARKLAND

22. Is the proposed public parkland dedication appropriate in both quantity and configuration, and should the dedication include the proposed market square as unencumbered parkland?

23. Has the applicant proposed an appropriate parkland dedication timeline?

SUPPLEMENTAL DEVELOPMENT ISSUES

24. In the event that the Tribunal allows the appeal in whole or in part, should the Zoning By-law include an “H” (Holding) provision which requires the following conditions to be satisfied:

a) Execution of a Subdivision Agreement to the satisfaction of the City of Mississauga;

b) Receipt of satisfactory environmental studies and documents, certified by a Qualified Person, including but not limited to a Remediation Action Plan with reliance letter, confirmation of environmental suitability of fill material, a decommissioning plan or proof of decommissioning for well(s) and Underground/Aboveground Storage Tanks (UST/AST) and a certification letter confirming that land to be dedicated to the City is environmentally suitable for its proposed use;

c) Receipt of a Record of Site Condition;

d) Detailed elevations for all buildings, especially the those that front Queen Street South and in Phase 1;

e) Receipt of satisfactory technical reports, studies, drawings, documents, in a form and on terms satisfactory to the City, including

a. Revised Environmental Noise and Vibration report

b. Revised and updated Engineering Plans

c. Phasing plan for existing and proposed easements

d. Revised and updated Functional Servicing Report

e. Revised and updated Storm Water Management Report

f. Revised and updated Hydrogeological Report

g. Revised and updated Traffic Impact Study

f) Land dedications and conveyances for the right-of-ways in support of the development, to the satisfaction of the City

SUMMARY

25. Does the proposed development represent good planning and is it in the public interest?

26. In the event that the Tribunal allows the appeal in whole or in part, should the Final Order be withheld pending the City Solicitor advising the Tribunal that the Owner and City have agreed to the final form of the Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision and associated conditions of approval?

Issues List of K.C. Property Management (KCPM)

KCPM relies on and adopts the issues list of the City of Mississauga.

Policy

1. Does the proposed development have appropriate regard to relevant matters of provincial interest under Section 2 of the Planning Act, including specifically Subsections (f), (h), (j), (n), (o), (p), and (r)?

2. Is the proposed development consistent with the Provincial Planning Statement, 2024, including specifically Sections 2.3.1.2, 2.3.1.4, 2.4.1.3(a)-(c) and (e), 2.4.2.1-2.4.2.3 and 2.4.2.6, 3.2.1, 6.1.1, 6.1.5, 6.1.11, 6.2.1(a)-(d) and (f)-(h), and 6.2.10?

3. Does the proposed development conform to the Peel Region Official Plan, 2022, including specifically Sections 5.4.1, 5.4.16, 5.4.18.8, 5.4.18.17, 5.6.3, 5.6.15, 5.6.17.3, 5.6.17.8, 5.6.17.9, 5.6.19.6, 5.6.19.12, 5.6.19.17, 5.10.10, 5.10.12, 5.10.14, and 5.10.19?

4. Does the proposed development conform to the City of Mississauga Official Plan including specifically policies 5.3, 5.3.3, 5.5.2, 5.5.3, 5.5.4, 7.7.1.1, 7.7.1.3, 7.7.1.5, 8.1.2, 8.1.16, 9.1.10, 9.2.1.7, 9.2.1.10, 9.2.1.13, 9.2.1.29, 9.5.1.1, 9.5.1.2, 9.5.1.4, 9.5.1.9, 9.5.2.1, 9.5.2.14, 9.5.3.9, 14.1.1.2, 14.10.1.1-.2, 14.10.1.6, 14.10.1.8-.9, 14.10.2, and 14.10.6.6?

5. Does the proposed development have appropriate regard for the Historic Streetsville Design Guidelines, particularly as it relates to building height and massing?

Land Use Compatibility/Height and Density

6. Is the proposed building height appropriate in the context of the surrounding community?

7. Is the proposed built form appropriate, specifically the proposed massing, height, site design/layout considering the relationship with the KCPM lands?

8. Would the proposed development result in adverse impacts on adjacent lands, particularly the KCPM lands, with respect to shadowing and privacy?

9. Does the proposed development respect the character, planned function, privacy, height and massing of the Streetsville Community Node?

10. Does the proposed development provide for adequate building setbacks based on the proposed height of the buildings?

11. Does the proposed development incorporate appropriate building separation distances and setbacks from the KCPM lands?

12. Does the proposed development provide adequate landscaping on the site?

13. Does the proposed development adversely affect the ability for the future redevelopment of the KCPM lands?

Transportation

14. Is the proposed transportation infrastructure sufficiently coordinated with adjacent lands, including the KCPM lands?

15. Does the proposed development provide adequate vehicle access and connectivity with the KCPM lands?

ATTACHMENT 3 ORDER OF EVIDENCE

1. DeZen Realty Company Limited
2. City of Mississauga
3. K.C. Property Management
4. Reply of DeZen Realty Company Limited, if any

ATTACHMENT 4 MEANING OF TERMS USED IN THE PROCEDURAL ORDER:

A party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other parties, and making submissions on all of the evidence. An unincorporated group cannot be a party and it must appoint one person to speak for it, and that person must accept the other responsibilities of a party as set out in the Order. Parties do not have to be represented by a lawyer and may have an agent speak for them. The agent must have written authorisation from the party.

NOTE that a person who wishes to become a party before or at the hearing, and who did not request this at the case management conference (CMC), must ask the Tribunal to permit this.

A participant is an individual or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a party may do so). Section 17 of the Ontario Land Tribunal Act states that a person who is not a party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A participant may also be asked questions by the parties should the Tribunal direct a participant to attend a hearing to answer questions on the content of their written submission.

A participant must be identified and be accorded participant status by the Tribunal at the CMC. A participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A participant cannot ask for costs, or review of a decision, as a participant does not have the rights of a party to make such requests of the Tribunal.

Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party or participant intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.

Visual evidence includes photographs, maps, videos, models, and overlays which a party or participant intends to present as evidence at the hearing.

A witness statement is a short written outline of the person’s background, experience and interest in the matter; a list of the issues which he or she will discuss ; and a list of reports or materials that the witness will rely on at the hearing.

An expert witness statement should include his or her (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness’ opinions on those issues and the complete reasons supporting their opinions and conclusions and (5) a list of reports or materials that the witness will rely on at the hearing. An expert witness statement must be accompanied by an acknowledgement of expert’s duty.

A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a statement of the participant’s position on the appeal; a list of the issues which the participant wishes to address and the submissions of the participant on those issues; and a list of reports or materials, if any, which the participant wishes to refer to in their statement.

Additional Information

A summons may compel the appearance of a person before the Tribunal who has not agreed to appear as a witness. A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons through a request. (See Rule 13 on the summons procedure.) The request should indicate how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the information provided in the request that the evidence is relevant, necessary or admissible, the party requesting the summons may provide a further request with more detail or bring a motion in accordance with the Rules.

The order of examination of witnesses is usually direct examination, cross-examination and re-examination in the following way:

• direct examination by the party presenting the witness;
• direct examination by any party of similar interest, in the manner determined by the Tribunal;
• cross-examination by parties of opposite interest;
• re-examination by the party presenting the witness; or
• another order of examination mutually agreed among the parties or directed by the Tribunal.