Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 30, 2025
CASE NO.: 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 27, 2025 by Video Hearing
APPEARANCES:
Parties
Counsel
Via Rail Canada Inc.
Jonathan Nehmetallah Daniel Angelucci (in absentia)
City of Ottawa
Sydney Bowles Garett Schromm (in absentia)
Colonnade Management Inc. o/a Colonnade Bridgeport
Emma Blanchard
MEMORANDUM OF ORAL DECISION DELIVERED BY S. BOBKA ON MAY 27, 2025 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the sixth 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 (“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.
UPDATE
3Despite best efforts, the Parties had not yet finalized the settlement. Counsel for the Appellant advised that the delay was on their end. All Parties remained confident that a settlement would be achieved; however, they jointly requested a subsequent CMC in approximately two weeks’ time, with the understanding that if the settlement had not been realized by then, the scheduling of a Merit Hearing would be requested.
4Counsel for Colonnade Management Inc. o/a Colonnade Bridgeport (“Colonnade Bridgeport”) agreed to this path forward, but again expressed concern regarding the significant delay in resolving this matter, highlighting that her client had missed another construction season.
5The Tribunal expressed its concern that the Parties had not complied with the Order issued in the previous Decision to provide a revised Procedural Order prior to this CMC, nor had they provided any update or explanation. The Parties were quite contrite regarding this oversight and explained that they had been working steadily towards the achievement of the settlement, right up to this CMC. They confirmed that in future, Tribunal Orders and directions would be complied with or an explanation would be provided by the due date.
6Having heard and considered the Parties’ submissions regarding the status of the settlement discussions, the Tribunal concurred with the request for a subsequent CMC and scheduled it to commence at 10 a.m. on Tuesday, June 17, 2025 by Video Hearing.
7The CMC is scheduled to proceed by video as follows:
GoTo Meeting: https://global.gotomeeting.com/join/344779885
Access Code: 344-779-885
8Parties and 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
9Persons who experience technical difficulties accessing the GoTo Meeting application, or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: +1-647-497-9373 or (toll-free) +1-888-299-1889. The access code is as indicated above.
10Individuals 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.
11Should the settlement not proceed as anticipated, 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 Friday, June 13, 2025. The Parties are also encouraged to advise the Tribunal at the earliest opportunity of any developments regarding the settlement.
ORDER
12THE TRIBUNAL ORDERS THAT:
a. A subsequent Case Management Conference is scheduled as detailed in paragraph [6] 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 Friday, June 13, 2025.
“S. Bobka”
S. BOBKA
MEMBER
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.