Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 05, 2025
CASE NO(S).: OLT-25-000164
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Tamarack (Cardinal Creek South) Corporation
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of a residential subdivision
Reference Number: D02-02-22-0107
Property Address: Part of 1296 and 1400 Old Montreal Road
Municipality/UT: Ottawa/Ottawa
OLT Case No.: OLT-25-000164
OLT Lead Case No.: OLT-25-000164
OLT Case Name: Tamarack (Cardinal Creek South) Corporation v. Ottawa (City)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit the development of a residential subdivision
Reference Number: D07-16-22-0024
Property Address: Part of 1296 and 1400 Old Montreal Road
Municipality/UT: Ottawa/Ottawa
OLT Case No.: OLT-25-000165
OLT Lead Case No.: OLT-25-000164
OLT Case Name: Tamarack (Cardinal Creek South) Corporation v. Ottawa (City)
Heard: July 31, 2025 by video hearing
APPEARANCES:
Parties
Counsel
Tamarack (Cardinal Creek South) Corporation
E. Blanchard
City of Ottawa
T. Marc
MEMORANDUM OF ORAL DECISION DELIVERED BY S. deBOER ON JULY 31, 2025 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision arises from the first Case Management Conference (“CMC”) regarding the appeal by Tamarack (Cardinal Creek South) Corporation (“Appellant”) pursuant to ss. 34(11) and 51(34) of the Planning Act (“Act”) due to the City of Ottawa’s (“City”) failure to make a decision on the Zoning By-law Amendment Application (“ZBA”) and Proposed Draft Plan of Subdivision Application (“DPS”) within the statutory timeframes of the Act.
2The purpose of the ZBA and DPS would be to permit the lands municipally known as 1296 and 1400 Old Montreal Road to be developed with a subdivision of approximately 746 dwelling units.
AFFIDAVIT OF SERVICE
3The Tribunal reviewed the Affidavit of Service by Danielle Rozon, dated June 26, 2025, with the Parties. The Tribunal marked the Affidavit of Service as Exhibit 1 to the CMC and ruled that no further Notice would be necessary.
PARTY OR PARTICIPANT REQUESTS
4The Tribunal did not receive any Party or Participant requests prior to, nor during, the CMC.
OPPORTUNITIES FOR RESOLUTION
5Prior to the CMC, the Parties requested that a Tribunal-led mediation evaluation take place. However, the evaluation had not been scheduled prior to this CMC. The Tribunal directed the Parties to stay in contact with the Case Coordinator to finalize an assessment date. If the assessment confirms that mediation may occur, the Parties would be requesting two days of mediation in September 2025, which may resolve some or all of the issues. It was the request of the Parties to schedule a second CMC in October 2025, to allow enough time for the Tribunal-led assessment and potential mediation to occur.
PROCEDURAL ORDER AND ISSUES LIST
6The Parties stated that a draft Procedural Order (“PO”) and Issues List (“IL”) have been circulated, however, due to the request of Tribunal-led mediation, the Parties are not in a place to present an updated PO and IL for the Tribunal’s review and approval.
NEXT STEPS
7The Tribunal reviewed possible dates with the Parties as to the scheduling of the next CMC. The Tribunal has scheduled the next CMC for Friday, October 24, 2025. The Tribunal directed the Parties to provide an updated PO and IL for the Tribunal’s review before the next CMC.
8The second CMC is scheduled to proceed by video on Friday, October 24, 2025, at 10 a.m.
9Parties are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/692665589
Access code: 692-665-589
10Parties 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
11Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to it by calling in to an audio-only telephone line: +1-647-497-9373 or (toll-free) +1-888-299-1889. The access code is: 692-665-589.
12Individuals 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.
ORDER
13The Tribunal orders its directions listed above.
14The Member is not seized, but may be spoken to if procedural issues arise, subject to the Tribunal’s calendar.
“S. DeBoer”
S. deBOER
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.