Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
August 20, 2025
CASE NO(S).:
OLT-22-002219
(Formerly PL210040)
OLT-22-002483
(Formerly PL200150)
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
1085 Clearview Limited Partnership
Appellant:
1246235 Ontario Inc.
Appellant:
1602211 Ontario Ltd.
Appellant:
2084 Lakeshore Holdings Ltd. Et Al; and others
Description:
Proposed Official Plan Amendment for Burlington New Official Plan
Municipality:
City of Burlington
OLT Case No.:
OLT-22-002219
Legacy Case No.:
PL210040
OLT Lead Case No.:
OLT-22-002219
Legacy Lead Case No.:
PL210040
OLT Case Name:
1085 Clearview Limited Partnership v. Halton (Reg. Mun.)
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
Sofina Foods Inc.
Appellant:
Wal-Mart Canada Corp.
Appellant:
Reserve Properties Ltd.
Appellant:
Vrancorp Group; and others
Description:
Proposed Official Plan Amendment No. 119
Municipality:
City of Burlington
OLT Case No.:
OLT-22-002483
Legacy Case No.:
PL200150
OLT Lead Case No.:
OLT-22-002483
Legacy Lead Case No.:
PL200150
OLT Case Name:
Sofina Foods Inc. v. Burlington (City)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
Wal-Mart Canada Corp.
Appellant:
Burlington Healthcare Centre Inc.
Appellant:
Better Life Development
Appellant:
Emshih Developments Inc.; and others
Description:
By-law No. 2020.418
Municipality:
City of Burlington
OLT Case No.:
OLT-22-002484
Legacy Case No.
PL200151
OLT Lead Case No.:
OLT-22-002483
Legacy Lead Case No.
PL200150
Heard:
July 16, 2025 by Video Hearing
APPEARANCES:
Parties
Counsel
Region of Halton
Kelly Yerxa
City of Burlington
Andrew Biggart
Kacie Layton
Ontario Stone, Sand & Gravel Association
David White
Marc Kemerer (in absentia)
United Burlington Retail Portfolio Inc.
Aaron Platt
Katryna Vergis-Mayo (in absentia)
Mandy Ng (in absentia)
Crystal Homes
Alex Lusty
Landform Development Group and
2413350 Ontario Inc.
Denise Baker
Narmada Gunawardana (in absentia)
Chantal deSereville (in absentia)
West End Home Builders Association
Denise Baker
Narmada Gunawardana (in absentia)
Chantal deSereville (in absentia)
440 Elizabeth Street Holdings Ltd
Denise Baker
Narmada Gunawardana (in absentia)
Chantal deSereville (in absentia)
The Rosseau Development Group Inc.
Denise Baker
Narmada Gunawardana (in absentia)
Chantal deSereville (in absentia)
Emshih Developments Inc.
Nancy Smith
Meredith Baker (in absentia)
Carriage Gate Homes Inc.,
Lakeshore (Burlington) Inc. and
Old Lakeshore (Burlington) Inc.
Nancy Smith (acting as agent)
Shelley Kaufman (in absentia)
Scott Snider (in absentia)
1820473 Ontario Inc. and
Molinaro Group of Companies
Nancy Smith (acting as agent)
Shelley Kaufman (in absentia)
Scott Snider (in absentia)
Renimmob Properties Ltd.
Nancy Smith (acting as agent)
Shelley Kaufman (in absentia)
Scott Snider (in absentia)
Penta Properties Inc.,
Paletta International Corporation and
P&L Livestock Ltd.
Nancy Smith (acting as agent)
Shelley Kaufman (in absentia)
Scott Snider (in absentia)
New Horizon Development Group
Meaghan Barrett
Patrick Harrington (in absentia)
Wal-Mart Canada Corp.
Roslyn Houser
Millcroft Greens Corporation
Meaghan Barrett
Patrick Harrington (in absentia)
RK (Burlington Mall) Inc.
Matthew Rutledge
Joel Farber (in absentia)
Adi Developments (Masonry) Inc.
Denise Baker
Narmada Gunawardana (in absentia)
Chantal deSereville (in absentia)
RioCan Holdings Inc.
Matthew Rutledge
Joel Farber (in absentia)
5135 Fairview Holdings Inc.
Denise Baker
Narmada Gunawardana (in absentia)
Chantal deSereville (in absentia)
S & G Consulting Inc.,
Branthaven 735 Oval Inc., and
Branthaven Development Corp.
Denise Baker
Narmada Gunawardana (in absentia)
Chantal deSereville (in absentia)
1602211 Ontario Ltd.
Denise Baker
Narmada Gunawardana (in absentia)
Chantal deSereville (in absentia)
Nelson Aggregate Co.
David White
Marc Kemerer (in absentia)
Inaria Burlington Inc.
Andrew Jeanrie
Mattamy James Street Limited
Partnership
Nancy Smith (acting as agent)
Shelley Kaufman (in absentia)
Scott Snider (in absentia)
Sofina Foods
Caroline Jordan
Patrick Duffy (in absentia)
Welwyn Interests Inc.
Denise Baker
Narmada Gunawardana (in absentia)
Chantal deSereville (in absentia)
Douglas Roy Leggat and
850 Brant Street Properties Inc.
Nancy Smith (acting as agent)
Shelley Kaufman (in absentia)
Scott Snider (in absentia)
Fairview GO Ltd.
Nancy Smith (acting as agent)
Shelley Kaufman (in absentia)
Scott Snider (in absentia)
Brookfield Properties,
InteRent REIT and
CLV Group Inc.
(Fairview Limited Partnership)
Nancy Smith (acting as agent)
Shelley Kaufman (in absentia)
Scott Snider (in absentia)
Canadian National Railway Company
Katarzyna Sliwa
Max Reedijk (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY C.I. MOLINARI ON july 16, 2025 AND ORDER OF THE TRIBUNAL
INTRODUCTION AND BACKGROUND
1This Decision and Order arises from a Case Management Conference (“CMC”) held on July 16, 2025, regarding appeals filed under s. 17(36) of the Planning Act R.S.O. 1990, c. P.13, as amended (“Act”) against the approval by the Regional Municipality of Halton of the new City of Burlington (“City”) Official Plan under OLT Case No. OLT-22-002219.
2OLT Case No. OLT-22-002219 is being heard together with appeals filed under s. 17(24) and 34(19) of the Act, against the City’s Official Plan Amendment No. 119 (“OPA 119”) and Zoning By-law Amendment No. 2020-418 (“ZBL 418”) under OLT Case No. OLT-22-002483. OPA 119 and ZBL 418 establish the Burlington GO Station on Fairview Street and the downtown bus terminal as Major Transit Station Areas.
3This CMC was scheduled to provide the Tribunal with an update on the appeals, to consider a Party status request, and to determine next steps.
PARTY STATUS REQUESTS
4Canadian National Railway Company (“CN”) filed a Party status request in relation to Appeal No. 16 filed by Penta Properties Inc., Paletta International Corporation and P&L Livestock Ltd. regarding the property municipally known as 1200 King Road (“1200 King”). CN’s concerns relate to land use compatibility, as 1200 King shares a property line with CN’s Aldershot Yard, where industrial and railway operations and associated emissions take place.
5With no objection from any Party, the Tribunal found that CN has genuine, legitimate and authentic planning concerns and granted it non-appellant Party status to OLT Case No. OLT-22-002219 (“Non-Appellant Party”), noting that it must shelter under issues raised in Appeal No. 16 as per Rule 8.3 of the Tribunal’s Rules of Practice and Procedure (“Rules”). Counsel to CN will advise the Case Coordinator of the specific issues it is sheltering under by Friday, August 29, 2025.
UPDATE
6The Tribunal received confirmation ahead of the hearing that Metrolinx (Appeal No. F) had withdrawn their Non-Appellant Party status.
7Similarly, at the hearing, Ms. Smith, acting as agent for Brookfield Properties, InteRent REIT and CLV Group Inc. (Fairview Limited Partnership) (“Brookfield”) (Appeal No. H), advised that Brookfield had withdrawn their Non-Appellant Party status.
8Mr. Jeanrie, counsel for Burlington Healthcare Centre Inc. (“BHC”), Party to Appeal No. 46, advised the Tribunal that BHC had sold its property to Inaria Burlington Inc. (“Inaria”) and requested that Inaria, as the new registered owner, be substituted for BHC, with Mr. Jeanrie remaining as counsel. As permitted under Rule 8.2 of the Rules, and with no objection from the City, the Tribunal substituted Inaria as the Party to Appeal No. 46.
9An agenda, with an accompanying table (“Status Table”) providing an update on the appeals including the status of Parties maintaining Party status, the status of appeals scoped to site-specific, and the status of Parties wishing to revise their Issues List (“IL”), was provided by the City to the Tribunal in advance of the hearing. The Status Table, as revised after the CMC, is attached as Schedule 1 to this Decision.
10An updated list of Appellants, Parties and Participants to these proceedings and the current status of each appeal is attached as Schedule 2 to this Decision.
11The City provided an update on the appeals, including those Parties who:
are maintaining Party status;
are maintaining, or scoping to, site-specific appeals;
are maintaining City-wide appeals;
wish to revise their IL; and
have not confirmed their appeal status or any revisions to their IL.
12The Tribunal requested the City to submit an updated Schedule 2, in the same format as the schedule attached to the decision issued on June 5, 2025. The Tribunal has since received the updated Schedule 2, as appended to this Decision. The City has also since advised that Millcroft Coalition Against Development has withdrawn their Participant status, and Mr. Muir has indicated that his Participant status is with respect to all the extant appeals. Schedule 2 has been updated in this regard.
13Further, the City advised that it is working towards finalizing the master IL but felt it prudent to hold it in abeyance pending potential settlements and a potential City-wide conformity exercise (“Conformity Exercise”) to deal with new issues arising from some of the Parties, stemming from the Provincial Planning Statement, 2024 coming into effect.
14Relatedly, the City advised that sheltering information, in terms of the identification of issues to be sheltered under, for the Non-appellant Parties would best be held in abeyance pending potential settlements and the potential Conformity Exercise.
15The Tribunal reminded the Non-appellant Parties that ultimately, they will need to identify the specific issues to be sheltered under, as required under Rule 8.3 of the Rules.
MOTION HEARING
16The City requested that a motion hearing be scheduled in September 2025 to consider dismissing certain appeals, providing the Tribunal with additional updates and/or advising on potential settlements, and addressing the issues the Non-appellant Parties would be sheltering under. As such, the Tribunal has scheduled a motion hearing to be held via video hearing on Tuesday, September 16, 2025, at 10 a.m.
17The Tribunal also requires an update from the City on the potential Conformity Exercise at the motion hearing.
18The Tribunal advised the Parties that they are to follow the requirements for the motion hearing as stipulated in Rule 10 of the Rules.
19Parties and participants are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections:
GoToMeeting: https://global.gotomeeting.com/join/638422541
Access Code: 638-422-541
20Parties 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 GoToMeeting or a web application is available:
https://app.gotomeeting.com/home.html
21Persons who experience technical difficulties accessing the GoToMeeting 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 noted above.
22Individuals 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 Video Hearing to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
23THE TRIBUNAL ORDERS THAT:
a) Party status is granted to Canadian National Railway Company, subject to it sheltering under issues of Appeal No. 16;
b) Inaria Burlington Inc. is substituted as the Party in these proceedings for Appeal No. 46;
c) a motion hearing will be held by video hearing on Tuesday, September 16, 2025, as directed above.
24The Member is not seized of these matters.
“C.I. Molinari”
C.I. MOLINARI
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.
SCHEDULE 1
STATUS TABLE
SCHEDULE 2
APPELLANTS, PARTIES AND PARTICIPANTS
Appellants to OLT-22-002219
Appeal Number
Appellant to OLT-22-002219
Appeal
under
OLT-22-
002483?
Counsel/ Representative*
1
Ontario Stone, Sand & Gravel Association (OSSGA)
Marc Kemerer
David White
2
United Burlington Retail Portfolio Inc.
Mandy Ng
Aaron Platt
Katryna Vergis-Mayo
3
Crystal Homes
Alex Lusty
4
Landform Development Group and 2413350 Ontario Inc.
Yes
Chantal deSereville
Denise Baker
Narmada Gunawardana
5
WITHDRAWN
6
West End Home Builders Association
Yes
Chantal deSereville
Denise Baker
Narmada Gunawardana
7
440 Elizabeth Street Holdings Ltd
Yes
Chantal deSereville
Denise Baker
Narmada Gunawardana
8
The Rousseau Development Group Inc.
Yes
Chantal deSereville
Denise Baker
Narmada Gunawardana
9
Emshih Developments Inc.
(800 Burloak Drive)
Nancy Smith
Meredith Baker
Appeal Number
Appellant to OLT-22-002219
Appeal
under
OLT-22-
002483?
Counsel/ Representative*
10
Emshih Developments Inc.
(895- 901 Brant and 2250 Fairview Street)
Yes
Nancy Smith Meredith Baker
11
Emshih Developments Inc.
(372-380 and 433-439 Brant Street)
Yes
Nancy Smith
Meredith Baker
12
Carriage Gate Homes Inc.,
Lakeshore (Burlington) Inc. and
Old Lakeshore (Burlington) Inc.
Yes
Scott Snider
Shelley Kaufman
13
1820473 Ontario Inc. and
Molinaro Group of Companies
Scott Snider
Shelley Kaufman
14
WITHDRAWN
15
Renimmob Properties Ltd.
Yes
Scott Snider
Shelley Kaufman
16
Penta Properties Inc.,
Paletta International Corporation and
P&L Livestock Ltd.
Scott Snider Shelley Kaufman
17
WITHDRAWN
18
WITHDRAWN
19
New Horizon Development Group
Patrick Harrington
Meaghan Barrett
20
Brad Wilson
Self-Represented*
21
Wal-Mart Canada Corp.
Yes
Roslyn Houser
22
Millcroft Greens Corporation
Patrick Harrington Meaghan Barrett
23
RK (Burlington Mall) Inc.
Joel Farber
Matthew Rutledge
Appeal Number
Appellant to OLT-22-002219
Appeal
under
OLT-22-
002483?
Counsel/
Representative*
24
WITHDRAWN
25
WITHDRAWN
26
Adi Developments (Masonry) Inc.
Yes
Chantal deSereville
Denise Baker
Narmada Gunawardana
27
WITHDRAWN
28
WITHDRAWN
29
RioCan Holdings Inc.
(507-533 Brant Street)
Joel Farber
Matthew Rutledge
30
WITHDRAWN
31
Camarro Developments Inc.
(789- 795 Brant Street)
Kyle Camarro*
32
Camarro Developments Inc.
(519- 527 Brant Street)
Kyle Camarro*
33
Camarro Developments Inc.
(1062 and 1074 Cooke Blvd)
Kyle Camarro*
34
Infinity Developments Group Inc.
Arun Anand*
35
WITHDRAWN
36
5135 Fairview Holdings Inc.
Chantal deSereville
Denise Baker
Narmada Gunawardana
37
S & G Consulting Inc.,
Branthaven 735 Oval Inc., and
Branthaven Development Corp.
Yes
Chantal deSereville
Denise Baker
Narmada Gunawardana
Appeal Number
Appellant to OLT-22-002219
Appeal
under
OLT-22-
002483?
Counsel/ Representative*
38
1602211 Ontario Ltd.
Chantal deSereville
Denise Baker
Narmada Gunawardana
39
WITHDRAWN
40
Nelson Aggregate Co.
Marc Kemerer
David White
41
Mac’s Convenience Stores Inc.
Max Laskin
Matthew Lakatos- Hayward
42
Core FSC Lakeshore GP Incorporated
Yes
David Bronskill
43
Vrancorp Group
Yes
David Bronskill
44
Reserve Properties Ltd.
Yes
David Bronskill
45
2584979 Ontario Inc.
David Bronskill
46
Inaria Burlington Inc.
Yes
Andrew Jeanrie
47
Emshih Development Inc.
(901 Guelph Line)
Nancy Smith
Meredith Baker
48
Mattamy James Street Limited Partnership
Scott Snider
Shelley Kaufman
Additional Appellants to OLT-22-002483 Only
Appeal Number
Appellant to OLT-22-002483
Counsel/ Representative*
1A
Sofina Foods
Patrick Duffy
8A
Welwyn Interests Inc.
Chantal deSereville
Denise Baker
Narmada Gunawardana
13A
Adi Developments (Masonry) Inc.
Chantal deSereville
Denise Baker
Narmada Gunawardana
22A
Douglas Roy Leggat and
850 Brant Street Properties Inc.
Scott Snider
Shelley Kaufman
Non-Appellant Parties to OLT-22-002219
Party
Name(s)
Counsel/ Representative*
A
Regional Municipality of Halton
Kelly Yerxa
B
City of Burlington
Andrew Biggart
Kacie Layton
C
Fairview GO Ltd.
Scott Snider Shelley Kaufman
D
Conserving Our Rural Ecosystems of Burlington Inc. (“CORE”)
David Donnelly
E
Millcroft Greenspace Alliance
Daintry Klein*
F
WITHDRAWN
G
Douglas Roy Leggat and
850 Brant Street Properties Inc.
Scott Snider
Shelley Kaufman
H
WITHDRAWN
I
Canadian National Railway Company
Max Reedijk
Katarzyna Sliwa
Participants
Name(s)
Counsel/ Representative*
Tom Muir – Participant to all extant appeals
Self-Represented*
Anne and David Marsden
Self-Represented*
Millcroft Coalition Against Development – WITHDRAWN
Kirk Robinson*