Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: January 5, 2026

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: 1602211 Ontario Ltd. Appellant: 1820473 Ontario Inc. Molinaro Group of Companies Appellant: 2084 Lakeshore Holdings Ltd. Et Al Appellant: 2584979 Ontario Inc.; and others Subject: Proposed Official Plan Amendment Description: Proposed Official Plan Amendment for Burlington New Official Plan Property Address: All lands within the City of Burlington Municipality/UT: Burlington/Halton 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: 2084 Lakeshore Holdings Ltd.. Et Al Appellant: 440 Elizabeth Street Holdings Ltd. Appellant: 850 Brant Street Properties Inc. Appellant: Adi Development Group Inc.; and others Subject: Proposed Official Plan Amendment Description: Proposed Official Plan Amendment No. 119 Reference Number: OPA 119 Municipality/UT: Burlington/Halton OLT Case No: OLT-22-002483 Legacy Case No: PL200150 OLT Lead Case No: OLT-22-002483 Legacy Lead Case No: PL200150

PROCEEDING COMMENCED UNDER section 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Appellant: 2084 Lakeshore Holdings Ltd. Et Al Appellant: 440 Elizabeth Street Holdings Ltd. Appellant: 850 Brant Street Properties Inc. Appellant: Adi Development Group Inc.; and others Subject: Zoning By-law Description: By-law No. 2020.418 Reference Number: BL 2020.418 Municipality/UT: Burlington/Halton OLT Case No: OLT-22-002484 Legacy Case No: PL200151 OLT Lead Case No: OLT-22-002483 Legacy Lead Case No: PL200150

PROCEEDING COMMENCED UNDER subsection 19(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6

Request by: City of Burlington Motion for: Dismissal Without a Hearing

PROCEEDING COMMENCED UNDER subsection 9(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6

Request by: City of Burlington Motion for: Directions

Heard: December 11, 2025 by Video Hearing

APPEARANCES:

Parties Counsel

City of Burlington (“City” / “Burlington”) A. Biggart

Appellants and Added Parties As listed in Attachment 1

MEMORANDUM OF ORAL DECISION DELIVERED BY S. TOUSAW ON DECEMBER 11, 2025 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This Case Management Conference (“CMC”) was convened for the ongoing pursuit of addressing numerous appeals pursuant to s. 17(36) of the Planning Act to the 2020 Burlington Official Plan (“BOP”), which are being heard together with appeals to the City’s Official Plan Amendment 119 and Zoning By-law 2020.418.

2The City compiled the counsel list in Attachment 1. The Tribunal requests the City to add the Appellants’ names and Appeal numbers, and Added Parties’ names, to the list for use at future CMCs.

3The Parties are continuing their efforts to refine and reduce issues and pursue settlements where possible. At the Parties’ request, the Tribunal scheduled the next CMC for Wednesday, April 22, 2026 as detailed below.

Motion

4This CMC addressed the City’s uncontested Motion seeking to:

• Approve the Residential Neighbourhood Area on Schedule B – Urban Structure and the related BOP policy 2.3.4(a);
• Modify and approve the BOP with a new policy 8.1.1(3.9.2)(b) on the settlement of the appeal by Mattamy James Street Limited Partnership (“Mattamy”) (Appeal 48); and
• Dismiss the appeal of Infinity Developments Group Inc. (“Infinity”) (Appeal 34). The City advised at the CMC that the other Appeals listed in the written Motion need not be addressed today given the Tribunal’s Decision issued on November 24, 2025.

5No Responses to the Motion were filed.

6For the reasons that follow, the Tribunal grants all three components of the Motion.

Residential Neighbourhood Area

7On the uncontested affidavit evidence of Kate Hill-Montague, Registered Professional Planner (“RPP”), whom the Tribunal qualifies to provide opinion evidence in land use planning, the Tribunal approves the Residential Neighbourhood Area on Schedule B – Urban Structure (“Area”) and the associated BOP policy 2.3.4(a).

8Schedules and policies that remain under appeal in the BOP are identified by yellow shading, which is now removed for the aforementioned Area and policy, as depicted in Attachments 2A and 2B to this Decision. This Area and policy are no longer considered the subject of any remaining appeal, align with previously approved Area policies of the BOP, and the Parties agree that site-specific appeals will not be prejudiced by this approval.

9On the affidavit evidence of Ms. Hill-Montague, the Tribunal finds that the request has regard for s. 2 of the Planning Act (“Act”), is consistent with the Provincial Planning Statement 2024 (“PPS”), conforms with the Region of Halton Official Plan (“HOP”) (which now constitutes a City Official Plan), and aligns with the intentions of the BOP.

10Under s. 17(50) of the Act, the Tribunal approves part of the BOP as set out in Attachments 2A and 2B.

Settlement of Appeal 48

11On the uncontested affidavit evidence of Glenn Wellings, RPP, whom the Tribunal qualifies to provide opinion evidence in land use planning, the Tribunal modifies and approves the BOP site-specific policy for Mattamy’s lands at the southwest corner of James Street and Martha Street in Downtown Burlington, as set out in Attachment 3 to this Decision.

12The site-specific policy reflects a Decision of the Tribunal’s predecessor, the Local Planning Appeal Tribunal (“LPAT”), approving a settlement between Mattamy and the City for a 14-storey apartment building with 150 dwelling units. Reflecting these permissions in the BOP resolves Mattamy’s concerns and aligns with its apartment building which is now built and occupancy is imminent. Mr. Wellings explains how the building size and residential use fits with its mixed-use neighbouring land uses and the broader City planning framework.

13On the affidavit evidence of Mr. Wellings, the Tribunal finds that the request has regard for s. 2 of the Act, is consistent with the PPS, conforms with the HOP, and aligns with the intentions of the BOP in accordance with the previous LPAT approval.

14Under s. 17(50) of the Act, the Tribunal modifies, and approves as modified, part of the BOP as set out in Attachment 3.

Dismissal of Appeal 34

15The Tribunal dismisses Infinity’s appeal in accordance with s. 17(45) of the Act and Rule 15.4 of the Tribunal’s Rules of Practice and Procedure. While several subsections of s. 17(45) and Rule 15.4 apply here, the Tribunal emphasizes the Act s. 17(45)5 and Rule 15.4.b where ample opportunity has been provided to Infinity to articulate, refine and focus its issues, but to no avail.

16The City’s Affidavit of Service, marked as Exhibit 1, confirms that the Motion Record was sent to Arun Anand, the representative for Infinity. Infinity neither filed a Response to Motion nor attended this CMC at which the Motion would be heard. With many Parties and a few observers in attendance at this online CMC, the Tribunal expressly asked if a representative of Infinity was in attendance. No-one responded.

17As demonstrated through the City’s thorough and sequential account of the communications both by email and in person, Infinity, which is not represented by legal counsel, appears to either misunderstand the Appeal process or is attempting to utilize its BOP Appeal to advance its existing and possible future development applications within Burlington.

18The City clearly and fairly explained through several communications to Infinity that Infinity’s site-specific appeal, unrelated to this file, will continue to be assessed under the 1997 BOP, not the 2020 BOP. Further, while potential future applications would be subject to the 2020 BOP, Infinity’s Appeal must focus on its Issues with the BOP as opposed to some possible, undocumented, future development plans.

19The City and Infinity complied with the Tribunal’s direction from the previous CMC to meet in an effort to identify and resolve issues. However, Infinity remained unable or unwilling to explain its issues or proposed modifications to the BOP and repeatedly referred to its existing and potential future applications.

20While not relied upon in arriving at this dismissal, the Tribunal accepts the City’s argument that the record now shows that emails were received by Mr. Anand of Infinity, and some responded to by him, contrary to his explanation to the Tribunal at the previous CMC that he had not seen the City’s email communications.

Next CMC

21The next CMC is scheduled for Wednesday, April 22, 2026 at 10 a.m. by video hearing. No further notice will be issued.

22Parties and/or Participants and/or Observers 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/442599157

Access code: 442-599-157

23Parties and/or 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: https://app.gotomeeting.com/home.html

24Persons 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) 497-9391 or (Toll Free) 1-888-455-1389. The access code is: 442-599-157.

25Individuals 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

26THE TRIBUNAL ORDERS THAT the City of Burlington’s Motion is granted, in part, and

• the Residential Neighbourhood Area on Schedule B – Urban Structure and policy 2.3.4(a) of the Burlington Official Plan are approved as contained in Attachments 2A and 2B;
• the Burlington Official Plan is modified, and approved as modified, by adding policy 8.1.1(3.9.2)(b) as contained in Attachment 3; and
• the Appeal of Infinity Developments Group Inc. (Appeal 34) is dismissed.

27The City Clerk may format the foregoing changes to the Burlington Official Plan for record keeping purposes.

“S. Tousaw”

S. tousaw

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.

Attachment 1

Attachment 2A

Attachment 2B

Attachment 3