The City of Mississauga brought a motion to dismiss appeals of Official Plan Amendments 142, 143, and 144, which related to Protected Major Transit Station Areas (PMTSAs). The City argued that the Tribunal lacked jurisdiction under s. 17(36.1.4) of the Planning Act because the appealed policies identified authorized land uses within a PMTSA. The responding party, White Elm, argued that changing a land use designation from 'Mixed Use' to 'Mixed Use Limited' did not identify an authorized use. Applying the modern approach to statutory interpretation, the Tribunal agreed with the City, finding that amending a land use designation inherently identifies and limits permitted uses. The Tribunal granted the motion and dismissed White Elm's appeal, ruling the policy unappealable.
Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 13, 2025
CASE NO(S).: OLT-24-000535
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Augend 189 Dundas West Village Properties Ltd