Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 24, 2025
CASE NO(S).: OLT-24-001085
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Losani Homes (1998) Ltd.
Subject: Proposed Official Plan Amendment No. 11
Description: To permit the replacement of Zoning By-law 160-90 and By-law 61-16 where it currently applies to the municipal boundary.
Reference Number: OPA No. 11
Property Address: All lands within the City of Brantford, including the former County lands.
Municipality: Brantford
OLT Case No.: OLT-24-001085
OLT Lead Case No.: OLT-24-001085
OLT Case Name: BSC Landco Inc. et al v Brantford (City)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellants: BSC Landco Inc., & Losani Homes (1998) Ltd. et al
Subject: By-law No. 124-2024
Description: To permit the replacement of Zoning By-law 160-90 and By-law 61-16 where it currently applies to the municipal boundary.
Reference Number: ZBA 124-2024
Property Address: All lands within the City of Brantford, including the former County lands.
Municipality: Brantford
OLT Case No.: OLT-24-001086
OLT Lead Case No.: OLT-24-001085
Heard: May 30, 2025 by Video Hearing
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| City of Brantford | Brian Duxbury |
| DD Real Estate Developments Limited & Ideal Capital Partners Inc. | Eric Davis (did not appear) |
| Losani Homes (1998) Ltd. | Jessica De Marinis Jennifer Meader (in absentia) |
| Mattamy (Powerline) Limited, Mattamy (419 Powerline) Limited, Mattamy (466 King George) Limited, & 1000089067 Ontario Limited (“Mattamy”) | Sylvain Rouleau Denise Baker (in absentia) |
| KSNADG Lynden Park Inc. | Caroline Jordan (did not appear) Patrick Duffy (did not appear) Jonathan Chang (did not appear) |
| BSC Landco Inc | A. Baroudi* Alex Ciccone (in absentia) |
| LIV Communities lnc., LIV (Birkett) lnc., LIV (Conklin) lnc., & LIV Developments Ltd. (“LIV”) | Russell Cheeseman Stephanie Fleming (in absentia) |
| Granite Canadian Holdings Ltd. Partnership & Granite Property Nominee Inc. | Johnathan Marun-Batista Andrea Skinner (in absentia) |
| Primont (Brantford1) Inc. & Primont (Brantford 2) Inc. | Evan Barz Chris Barnett (in absentia) |
| Welton & Innes G.P. Inc. | Olivia Rasekhi* Sarah Kagan (in absentia) Ira Kagan (in absentia) |
| Canadian National Railway | Doug Pateman Katarzyna Sliwa (in absentia) |
| S.C. Johnson & Son Inc. | Alan Heisey (did not appear) |
| TSTL (Brantford) Building Corporation, FHC (211 Brantford) Ltd, 2546417 Ontario Inc., & Hans Holding (Brantford) Ltd. | Lauren Cao Alex Lusty (in absentia) |
| Lafarge Canada Inc. | Sean Ovas Mithea Murugesu (in absentia) Kim Mullin (in absentia) |
MEMORANDUM OF ORAL DECISION DELIVERED BY Gregory J. Ingram ON mAY 30, 2025 AND ORDER OF THE TRIBUNAL
INTRODUCTION AND BACKGROUND
1This is the second Case Management Conference (“CMC”) pertaining to appeals launched by DD Real Estate Developments Limited & Ideal Capital Partners Inc. et al (“Appellant Parties”) against the City of Brantford’s (“City”) passing of a new Comprehensive Zoning By-law No. 124-2024 (“CZBL”) pursuant to 34 (19) of the Planning Act, R.S.O. 1990, c. P.13, as amended (“Act”) and against the passing of the City initiated Official Plan Amendment 11 (“OPA”) under subsection 17(24) of the Act.
2The first CMC resulted in the following outcomes:
- Affidavit of Service was entered into evidence as Exhibit 1;
- Party status was granted to Canadian National Railway, S.C. Johnson and Son’s Inc., TSTL (Brantford) Building Corporation, FHC (211 Brantford) Ltd, 2546417 Ontario Inc., and Hans Holding (Brantford) Ltd.; and Lafarge Canada Inc.; and,
- A date was set for a Motion hearing to scope the issues between the City and the Appellant Parties.
3A Motion Hearing was held on March 4, 2025, and outcomes from this hearing are briefly summarized below:
- The entirety of the CZBL was deemed to be in full force and effect as of the day it was passed, save and except for the properties/areas specifically identified, and which remain under appeal;
- DD Real Estate Developments Limited & Ideal Capital Partners Inc.’s request to withdraw its appeal of the OPA was confirmed; and,
- The CMC set for April 30, 2025, was adjourned, and rescheduled for May 30, 2025, to provide additional time for the Parties to resolve issues.
CASE MANAGEMENT – May 30, 2025
4The City provided an update to the Tribunal indicating that City Planners continue discussions with Planners from the Appellant Parties related to resolving identified issues. The City expects that they may reach resolutions with some parties and with others be able to further narrow the issues. The City indicated that there is no need for Tribunal led mediation at this time as deliberations are ongoing between the Parties.
5The City also requested that the Tribunal set dates approximately 90 days from this date for another CMC. The City anticipates that two days would be preferrable given that they may reach settlements with some Parties and with others a draft procedural order may need to be considered by the Tribunal.
6The Appellant Parties concurred with the City’s summary and request for additional CMC dates.
7The following Appellant Parties requested that they be withdrawn fully or partially from these proceedings. The following requests were granted by the Tribunal:
- Lafarge Canada Inc. (full withdrawal),
- S.C. Johnson and Son Inc. (full withdrawal),
- KSNADG Lynden Park Inc. (full withdrawal),
- DD Real Estate Developments Limited & Ideal Capital Partners Inc. (full withdrawal), and;
- Losani Homes (1998) Ltd. (withdrawn from OPA appeal)
LOSANI HOMES CONSOLIDATION REQUEST
8Losani Homes’ appeal to the CZBL was scoped site-specifically by order of the Tribunal on March 19, 2025 to the following three separate properties:
a. 501 Shellard Lane b. 544 Shellard Lane and, c. 98 Pleasant Ridge Road
9A request for consolidation of cases was brought forward by Losani Homes, with the consent of the City requesting that Case No. OLT-24-001069 pertaining to 501 Shellard Lane and Case No. OLT- 24-001237 pertaining to 504 Shellard Lane be consolidated with Case No. OLT-24-001085.
10Specifically, and in accordance with Rule 16.1 of the Tribunal’s Rules of Practice and Procedure:
a. Losani Homes’ requested that its appeal to CZBL (Case No. OLT-24-001085), to the extent that is has been scoped to the property known as 501 Shellard Lane, be consolidated in part, with its appeal of its privately initiated applications for the same property, bearing OLT Case No. OLT-24-001069, to the extent that the appeal of the CZBL overlaps with the privately-initiated applications and; b. Losani Homes’ requested that its appeal to CZBL (Case No. OLT-24-001085), to the extent that it has been scoped to 544 Shellard Lane, be consolidated with its appeal of its privately initiated applications for the same property bearing Case No. OLT-24-001237
11For the privately initiated application on 501 Shellard (OLT-24-001069), the Tribunal previously ordered a two-phase hearing process. Phase 1 hearing has been set down for a duration of ten days, commencing November 24, 2025. The Procedural Order has been issued and the Parties are working to finalize the Issues List.
12For the privately-initiated application on 544 Shellard (OLT-24-001237), the Tribunal has issued a Procedural Order and an Issues List. The hearing has been set down for a duration of seven days, commencing October 15, 2025.
13In support of the request for consolidation, Losani Homes submitted that the matters have the same application, the same initial approval authority (City of Brantford) and that consolidation would be an effective and efficient use of resources. Losani Homes also submitted that should the Tribunal approve zoning permissions for either private application, those permissions will need to be implemented through the CZBL.
14Losani Homes referred the Tribunal to Rule 16.2 of the Tribunal’s Rules of Practice and Procedure, which outlines the effect of a consolidation:
a. Statutory procedural requirements for any of the original separate proceedings apply, where appropriate to the consolidated proceeding. b. Parties to each of the original separate proceedings are parties to the consolidated proceeding; and, c. Evidence to be presented in each of the separate proceedings is evidence in the consolidated proceeding.
15The Tribunal granted the Losani Homes request to consolidate the proceedings as outlined in paragraphs [8] to [14] above under Tribunal Rule 16.2 of the Tribunal’s Rules of Practice and Procedure.
NEXT STEPS
16The Tribunal concurs with the Parties that setting two dates to hear proposed settlements and/or to plan for a merit hearing is the appropriate next step for these proceedings.
17The Tribunal set two CMC dates of Wednesday, August 27, 2025, and Thursday, August 28, 2025. The Parties will provide a status update to the Case Coordinator of these proceedings by Monday, August 18, 2025. The update will indicate which, if any, Parties have reached a draft settlement with the City and for those who have not, a draft procedural order will be submitted.
18Parties are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections:
GoToMeeting: https://global.gotomeeting.com/join/709076365
Access Code: 709-076-365
19Parties 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
20Persons 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.
21Individuals 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.
22The Member is not seized, and no further notice is required.
ORDERS
23THE TRIBUNAL ORDERS THAT:
- The Parties adhere to the dates and particulars as set out above beginning in paragraph [17] regarding future proceedings;
- Losani Homes’ request to consolidate its appeal of the City of Brantford Comprehensive Zoning By-Law No.160-90 through Tribunal Case No. OLT-24-001085 and to the extent that is has been scoped to 501 Shellard Lane, is granted in part, with its appeal of its privately-initiated applications for the same property, bearing OLT Case No. OLT-24-001069, to the extent that the appeal of the Comprehensive Zoning By-Law overlaps with the privately-initiated applications;
- Losani Homes’ request to consolidate its appeal of the City of Brantford Comprehensive Zoning By-Law No.160-90 Tribunal Case No. OLT-24-001085, to the extent that is has been scoped to 544 Shellard Lane, is granted with its appeal of its privately initiated applications for the same property to Tribunal Case No. OLT-24-001237; and,
- Losani Homes’ appeal to the Comprehensive Zoning By-law, to the extent that it has been scoped to 89 Pleasant Ridge Road and the part of the 501 appeal that does not overlap with the private-initiated applications having OLT Case No. OLT-24-001069, will not be consolidated and will remain as part of broader Comprehensive Zoning By-law, bearing OLT Case No. OLT-24-001085.
“Gregory J. Ingram”
GREGORY J. INGRAM
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.