Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 30, 2025
CASE NO(S).: OLT-22-004584
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Lightpoint (170 Lakeshore Road East Port Credit) Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the development of a 15-storey mixed-use building, including a 6-storey podium, with 147 purpose-built residential rental units
Reference Number: OPA 21/16 W1
Property Address: 170 Lakeshore Road East
Municipality/UT: City of Mississauga/ Regional Municipality of Peel
OLT Case No.: OLT-22-004584
OLT Lead Case No.: OLT-22-004584
OLT Case Name: Lightpoint (170 Lakeshore Road East Port Credit) v. Mississauga (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Lightpoint (170 Lakeshore Road East Port Credit) Inc.
Subject: Application to amend the Zoning By-law – Neglect to make a decision
Description: To permit the development of a 15-storey mixed-use building, including a 6-storey podium, with 147 purpose-built residential rental units
Reference Number: OZ 21/16 W1
Property Address: 170 Lakeshore Road East
Municipality/UT: City of Mississauga/ Regional Municipality of Peel
OLT Case No.: OLT-22-004584
OLT Lead Case No.: OLT-22-004585
Heard: January 29, 2025 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Lightpoint (170 Lakeshore Road East Port Credit) Inc. | D. Bronskill |
| City of Mississauga | S. Rouleau, B. Luo, R. Kehar (in absentia) |
MEMORANDUM OF ORAL DECISION DELIVERED BY C. HARDY ON JANUARY 29, 2025 AND ORDER OF THE TRIBUNAL
BACKGROUND
1This Decision relates to Appeals brought pursuant to s. 22(7) and s. 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended from the failure of the City of Mississauga (“City”) to render decisions within prescribed timelines regarding applications for an Official Plan Amendment (“OPA”) and Zoning By-law Amendment (“ZBA”). The Appeals have been filed by Lightpoint (170 Lakeshore Road East Port Credit) Inc. (“Appellant”) regarding its lands municipally known as 170 Lakeshore Road East.
2A six-day Hearing of the Merits commenced on April 15, 2024. On the second day of the hearing Counsel for the Appellant became ill resulting in an adjournment of the hearing which was rescheduled for July 17, 2024. During the intervening months between the adjournment and the rescheduled hearing dates, the Parties continued discussions and the Appellant, with the consent of the City, requested that the July dates be adjourned in order to continue without prejudice discussions. On September 6, 2024, a settlement offer was presented to the City, which was accepted and formally adopted by the City on September 11, 2024, by Council Resolution # 0183-2024.
3On November 28, 2024, Counsel for the Appellant advised the Tribunal that a settlement in principle had been reached with the City and requested a hearing to present the settlement be scheduled in January or February, 2025. The Tribunal scheduled a hearing for January 29, 2025. On January 24, 2025, Counsel for the City advised the Tribunal that there remained outstanding matters to finalize before Minutes of Settlement could be entered into among the Parties. On January 28, 2025, the Tribunal was advised by Counsel for the Appellant that the Parties were requesting an adjournment of the January 29th date until February 2025, in order to finalize the Minutes of Settlement. Given the short notice requesting the adjournment, the Tribunal directed the Parties to attend the hearing on January 29, 2025.
NEXT STEPS
4At the commencement of the hearing and in the absence of any opposition, the Tribunal converted the hearing to consider the settlement proposal to a Case Management Conference pursuant to Rule 17.5 of the Tribunal’s Rules of Practice and Procedure. The Tribunal also confirmed that Mr. Rouleau and Ms. Luo would be noted as co-counsel with Mr. Kehar on behalf of the City in the proceedings.
5Counsel for the Appellant confirmed that the Parties were continuing to work collaboratively towards finalizing the Minutes of Settlement and were requesting a date be scheduled in February 2025 to present settlement materials to the Tribunal. Counsel for the City confirmed that if final approval of the settlement was required from City Council, it could be obtained in advance of a future appearance, provided such date was scheduled after the Council meeting on February 12, 2025.
6Following an in-depth discussion, the Tribunal agreed with Counsels’ proposed approach and scheduled a hearing to present the settlement proposal by Video Hearing on Tuesday February 18, 2025, at 10 a.m.
1Parties 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/519389173
Access Code: 519-389-173
2Parties 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 at: https://app.gotomeeting.com/home.html.
3Persons 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 the audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889. The access code is the same as the access code noted above.
4Individuals 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 Case Coordinator having carriage of this case.
7The Tribunal scheduled the upcoming appearance as a Video Hearing, however, noted that if the Parties finalize the settlement and wish to convert the video appearance to a Written Hearing, they can submit a request to the Tribunal’s Case Coordinator.
8After conferring with the Parties, the Tribunal directed the Parties to provide the Tribunal with a status update on or before Friday February 7, 2025. The Tribunal further directed that updated settlement materials, including a revised Affidavit, draft Order and stand-alone planning instruments be filed with the Tribunal on or before Thursday February 13, 2025.
9THE TRIBUNAL ORDERS THAT the case management directives above are so ordered.
10There will be no further notice and this Member is seized and will remain available for case management subject to the Tribunal’s calendar.
“C. Hardy”
c. hardy
VICE CHAIR
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.