Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
June 20, 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:
June 17, 2025 by Video Hearing
APPEARANCES:
Parties
Counsel
Via Rail Canada Inc.
Jonathan Nehmetallah Daniel Angelucci (in absentia)
City of Ottawa
Timothy Marc
Colonnade Management Inc. o/a Colonnade Bridgeport
Emma Blanchard
MEMORANDUM OF ORAL DECISION DELIVERED BY S. BOBKA ON JUNE 17, 2025 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the seventh 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”).
2On September 19, 2022, the City approved the draft plan of subdivision for the Subject Property, with conditions. 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
3The Parties advised that while negotiations regarding the settlement documents had concluded, the final step, that being the execution of those documents, remained outstanding. Counsel for the Appellant again advised that the delay was on their end.
4Counsel for Colonnade Management Inc. o/a Colonnade Bridgeport (“Applicant”) expressed disappointment regarding the continued delay in the resolution of this matter. Counsel for the Applicant asked for the Tribunal’s continued patience and requested the scheduling of a further CMC to keep the matter moving forward, in the unlikely event that the documents are not executed in the next few weeks. She submitted that the scheduling of a Hearing on the Merits at this time would not be a fair use of the Tribunal’s resources. All Parties concurred with the proposal for a subsequent CMC.
5The Tribunal expressed concern with scheduling yet another CMC. The Parties advised that once the settlement documents were executed, the next step would be the withdrawal of the appeal. Having heard the Parties’ submissions, the Tribunal opted to set a final CMC, and scheduled it to commence at 9 a.m. on Thursday, July 10, 2025 by Telephone Conference Call (“TCC”).
6The CMC is scheduled to proceed by TCC as follows:
Teleconference number: 416-212-8012 or 1-866-633-0848 (Toll Free) Conference line code: 4779874
7Individual(s) are directed to call 416-212-8012 or (Toll Free) 1-866-633-0848 on the assigned date at the correct time. When prompted, enter the conference line code 4779874 to be connected to the call. It is the responsibility of the person(s) participating in the call to ensure that they are properly connected to the call and at the correct time. Questions prior to the call may be directed to the Tribunal’s Case Coordinator having carriage of this case.
8The Tribunal advised the Parties that should this CMC be required, Hearing dates would be set at that event, and directed that the Parties come to that CMC with agreed-upon options for the scheduling of a Hearing. The Parties were also directed to advise the Tribunal at the earliest opportunity of any developments regarding the settlement.
ORDER
9THE TRIBUNAL ORDERS THAT:
a. A subsequent Case Management Conference (“CMC”) is scheduled as detailed in paragraph [5] above; and,
b. If the subsequent CMC is required, the Parties are to attend prepared with agreed-upon options for the scheduling of a Hearing.
“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.