Ontario Land Tribunal / Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: March 2, 2026

CASE NO.: OLT-25-000410 OLT-25-001016 OLT-26-000051

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: 2436091 Ontario Ltd. Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To permit the proposed development of approximately 1,500 dwelling units Reference Number: D01-01-24-0023 Property Address: 4497 O'Keefe Court - Unit A, Unit B Municipality/UT: Ottawa/Ottawa OLT Case No.: OLT-25-000410 OLT Lead Case No.: OLT-25-000410 OLT Case Name: 2436091 Ontario Ltd. v. Ottawa (City)

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: 2436091 Ontario Ltd. Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To permit the proposed development of approximately 1,500 dwelling units Reference Number: D01-01-24-0023 Property Address: 4497 O’Keefe Court Municipality/UT: Ottawa/Ottawa OLT Case No.: OLT-25-001016 OLT Lead Case No.: OLT-25-001016 OLT Case Name: 2436091 Ontario Ltd. v. Ottawa (City)

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: 2436091 Ontario Ltd. Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit Reference Number: D02-02-25-0061 Property Address: 4497A O'Keefe Court Municipality/UT: Ottawa/Ottawa OLT Case No.: OLT-26-000051 OLT Lead Case No.: OLT-26-000051 OLT Case Name: 2436091 Ontario Ltd. v. Ottawa (City)

PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: 2436091 Ontario Ltd. Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision Description: To permit Reference Number: D07-16-25-0015 Property Address: 4497A O'Keefe Court Municipality/UT: Ottawa/Ottawa OLT Case No.: OLT-26-000052 OLT Lead Case No.: OLT-26-000051

BEFORE:

J. INNIS MEMBER

Monday, the 2nd day of March, 2026

THE TRIBUNAL ORDERS that the Procedural Order, as agreed to between the Parties and attached hereto as Schedule “A”, shall be in force and effect for the purpose of governing the required procedures leading up to and including the hearing, which is scheduled to commence on June 1, 2026. The Tribunal has set aside twenty-three (23) days for the hearing.

“Matthew D.J. Bryan”

MATTHEW D.J. BRYAN REGISTRAR

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.

SCHEDULE A

Ontario Land Tribunal

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended.

Applicant/Appellant: 2436091 Ontario Ltd. Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To permit the proposed development of approximately 1,500 dwelling units Reference Number: D01-01-24-0023 Property Address: 4497 O'Keefe Court - Unit A, Unit B Municipality/UT: Ottawa/Ottawa OLT Case No.: OLT-25-000410 OLT Lead Case No.: OLT-25-000410 OLT Case Name: 2436091 Ontario Ltd. v. Ottawa (City)

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended.

Applicant/Appellant: 2436091 Ontario Ltd. Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To permit the proposed development of approximately 1,500 dwelling units Reference Number: D01-01-24-0023 Property Address: 4497A and 4497B O'Keefe Court Municipality/UT: Ottawa/Ottawa OLT Case No.: OLT-25-001016 OLT Lead Case No.: OLT-25-001016 OLT Case Name: 2436091 Ontario Ltd. v. Ottawa (City)

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended.

Applicant/Appellant: 2436091 Ontario Ltd. Subject: Application to amend the Zoning By-law – Refusal or Neglect to make a decision Description: To permit the proposed development of approximately 1,500 dwelling units Reference Number: D02-02-25-0061 Property Address: 4497A and 4497B O'Keefe Court Municipality/UT: Ottawa/Ottawa OLT Case No.: OLT-26-000051 OLT Lead Case No.: OLT-26-000051 OLT Case Name: 2436091 Ontario Ltd. v. Ottawa (City)

PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended.

Applicant/Appellant: 2436091 Ontario Ltd. Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision Description: To permit the proposed development of approximately 1,500 dwelling units Reference Number: D07-16-25-0015 Property Address: 4497A and 4497B O'Keefe Court Municipality/UT: Ottawa/Ottawa OLT Case No.: OLT-26-000052 OLT Lead Case No.: OLT-26-000051 OLT Case Name: 2436091 Ontario Ltd. v. Ottawa (City)

PROCEDURAL ORDER

The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties’ request or its own motion.

Organization of the Hearing

1. The video hearing will begin on June 1, 2026 at 10:00 A.M. No further notice shall be required.

2. The length of the hearing will be approximately twenty-three (23) days, concluding on July 3, 2026, and excluding June 15, 2026 and July 1, 2026, as the Tribunal will not be sitting on those dates. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.

3. The parties and participants (see Attachment “4” for the meaning of these terms) identified at the Case Management Conference are listed in Attachment “1” to this Order.

4. The issues for the hearing are set out in the Issues List attached as Attachment “2” to this Order. There will be no changes to this List unless the Tribunal permits, and a party who asks for changes may have costs awarded against it, except if the Issues List is modified on consent of the parties, through mediation or pursuant to a settlement between the parties.

5. The order of evidence for the hearing is listed in Attachment “3” to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.

6. Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.

7. Any person who intends to participate in the hearing, including parties, counsel, and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website.

8. A party, participant, or witness who intends to submit document(s) to the Tribunal must include a declaration within each submitted document if generative AI was used to create or generate content. A declaration is not required if AI was used to merely suggest changes, provide recommendations, or critique content already created by a human who then considered and manually implemented the changes.

Requirements Before the Hearing

9. A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of the witnesses and the order in which they are intended to be called. This list must be delivered on or before Monday, March 9, 2026, and in accordance with paragraph 24 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area(s) of expertise in which the witness is proposed to be qualified.

10. Any party who intends to propose revisions to the Appellant’s draft plan of subdivision and/or propose conditions of approval if a draft plan of subdivision is to be approved shall provide the other parties with such proposed revisions and/or proposed conditions of approval on or before Wednesday, March 18, 2026.

11. Expert witnesses in the same field shall have a meeting on or before Monday, March 25, 2026, to try to resolve or reduce the issues for the hearing. Following the experts’ meeting, a Statement of Agreed Facts and Issues shall be filed with the OLT case coordinator on or before Monday, March 30, 2026.

12. An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, and any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraphs 14 and 16. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.

13. Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s anticipated evidence as in paragraphs 14 and 16. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraphs 14 and 16 below.

14. On or before Tuesday, April 7, 2026, the Appellant, the City of Ottawa and O’Keefe Court Properties Ltd. shall provide copies of their witness and expert witness statements to the other parties and to the OLT case coordinator in accordance with paragraph 24 below.

15. On or before Tuesday, April 14, 2026, a participant shall provide copies of their written participant statement to the other parties and the OLT case coordinator in accordance with paragraph 24 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

16. On or before Tuesday, April 14, 2026, Kathleen Grimes et al. shall provide copies of their witness and expert witness statements to the other parties and to the OLT case coordinator in accordance with paragraph 24 below.

17. The Appellant, the City of Ottawa and O’Keefe Court Properties Ltd. may provide to all other parties and the OLT case coordinator a written response to any written evidence on or before Monday, May 4, 2026, in accordance with paragraph 24 below.

18. On or before Monday, April 27, 2026, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

19. On or before Monday, May 11, 2026, the parties shall provide copies of their visual evidence to all of the other parties and the OLT case coordinator in accordance with paragraph 24 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

20. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case coordinator on or before Friday, May 15, 2026.

21. A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.

22. A party who provides a witness’ written evidence or expert witness statement to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days prior to the hearing that the written evidence is not part of their record.

23. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before Monday, May 25, 2026, with a proposed schedule for the hearing that identifies, at a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.

24. All filings shall be electronic and, if requested by the Tribunal, also in hard copy. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by Rule 7.

25. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.

This Member is not seized. So Orders the Tribunal.

Summary of Dates

DATE	EVENT
March 9, 2026	Parties to exchange lists of witnesses (names, disciplines, CVs and intended order to be called)
March 18, 2026	Parties to provide proposed revisions to the Appellant’s draft plan of subdivision and/or proposed conditions of approval (if applicable)
March 25, 2026	Meetings of Expert Witnesses
March 30, 2026	Parties to file Statements of Agreed Facts and Issues
April 7, 2026	The Appellant, the City of Ottawa and O’Keefe Court Properties Ltd. to deliver Witness Statements and summonsed witness outlines
April 14, 2026	Kathleen Grimes et al. to deliver Witness Statements and summonsed witness outlines and Participants to deliver Participant Statements
May 4, 2026	The Appellant, the City of Ottawa and O’Keefe Court Properties Ltd. to deliver Reply Witness Statements
April 27, 2026	Parties to advise OLT if all scheduled hearing days are required
May 11, 2026	Exchange of visual evidence
May 15, 2026	Joint Document Book to be filed
May 25, 2025	Parties to file hearing plan
June 1, 2026	Hearing commences

Attachment 1

LIST OF PARTIES / PARTICIPANTS

Parties

1. 2436091 Ontario Ltd. (“Mattamy”) Mark Flowers / Alexia Ivo Davies Howe LLP The Tenth Floor 425 Adelaide Street West Toronto, ON M5V 3C1 Email: markf@davieshowe.com / alexiai@davieshowe.com Tel: 416-263-4513 / 416-871-0543

2. City of Ottawa Timothy Marc Legal Services Branch 110 Laurier Avenue West Ottawa, ON K1P 1J1 Email: Timothy.Marc@ottawa.ca Tel: 613-580-2424 ext. 21444

Bruce Engell WeirFoulds LLP 66 Wellington Street West, Suite 4100 P.O. Box 35, TD Bank Tower Toronto, ON M5K 1B7 Email: bengell@weirfoulds.com Tel: 416-365-1110

3. O’Keefe Court Properties Ltd. Roberto D. Aburto / Emma Fillman Dentons Canada LLP 99 Bank Street, Suite 1420 Ottawa, ON K1P 1H4 Email: roberto.aburto@dentons.com / emma.fillman@dentons.com Tel: 613-288-2716 / 613-288-7525

4. Kathleen Grimes – Representative of Cedarhill Neighbours, consisting of: Kathleen Grimes and Ersin Ozerdinc; Elgin Ozerdinc and Nadia Mian; Jemil Ozerdinc; and Amal1634158 Holdings Inc. David P. Taylor & Sean Grassie Conway Litigation 400-411 Roosevelt Avenue Ottawa, ON K2A 3X9 Email: dtaylor@conwaylitigation.ca & sgrassie@conwaylitigation.ca Tel: 613-288-0149 & 613-691-0369

Participants

Audrey & Barry Chapman Email: audreychapman1000@gmail.com

Attachment 2

ISSUES LIST

The identification of an issue on this list does not mean that all parties agree that the issue, or the manner in which it is expressed, is appropriate for or relevant to the proper determination of the appeals. The extent of the appropriateness and/or relevance of the issue may be a matter of evidence and/or argument at the hearing.

Urban Boundary Expansion

1. In considering the Appellant’s proposed settlement area expansion, is there a need to designate and plan for additional land to be included within the City’s urban area to accommodate an appropriate range and mix of land uses in light of the PPS and the Official Plan, including the following policies:

   a. PPS Policies 2.1.1, 2.1.3, 2.1.4(a) and (b), 2.3.1 and 2.3.2.1; and

   b. Official Plan Policies 2.1, 2.2.1, 3.1 and 3.2?

2. If not, should the subject lands be included within the City’s urban area nonetheless?

3. Would the proposed settlement expansion conform with the Growth Management Framework policies of the Official Plan, including the policies in section 3 Introduction, section 3.1 (including 3.1.1, 3.1.2, 3.1.3, 3.1.4 and 3.1.5) and section 3.2 (including 3.2.1, 3.2.8, 3.2.9, 3.2.10, 3.2.16, 3.2.17 and 3.2.18)?

Location

4. Are the Appellant’s lands an appropriate location for a settlement area expansion, in light of the PPS and the Official Plan, including the following policies and other considerations:

   a. PPS Policies 2.1.6, 2.2.1, 2.3.1, 2.3.2.1, 2.4, 3.1, 3.2 and 3.6.1;

   b. Official Plan Policies 2.2.3.3, 2.2.4.1, 3.1, 3.3, 4.7.1 (including policies 4.7.1.1, 4.7.1.4, 4.7.1.5, 4.7.1.7, 4.7.1.8, 4.7.1.11, 4.7.1.12, 4.7.1.13, 4.7.1.19, 4.7.1.21, 4.7.1.22, 4.7.1.23) and 5.4.5; and

   c. transportation, engineering, community integration and land use planning considerations, including the City’s Infrastructure Master Plan and Transportation Master Plan, the Official Plan policies in section 3.3 and as well as the availability of public facilities?

5. If these lands are to be added to the Urban Boundary, is it appropriate for the Tribunal to consider their potential designation as Neighbourhood, as proposed by the Appellant? In particular, should the Appellant be required per Official Plan policy 3.3.1 to first seek a Future Neighbourhood Overlay for the subject lands and completion of a Secondary Plan study in light of Official Plan policies 4.7.1 (including 4.7.1.1, 4.7.1.2, 4.7.1.3, 4.7.1.5, 4.7.1.6, 4.7.1.7, 4.7.1.8, 4.7.1.9, 4.7.1.11, 4.7.1.12, 4.7.1.13, 4.7.1.14, 4.7.1.15, 4.7.1.16, 4.7.1.20, 4.7.1.21, 4.7.1.22 and 4.7.1.23), 5.6.2 (including 5.6.2.1.1, 5.6.2.1.2, 5.6.2.1.3, 5.6.2.1.4, 5.6.2.1.5, 5.6.2.1.6, 5.6.2.1.8 and 5.6.2.1.9) and section 12 (including 12.1.2, 12.1.3, 12.1.6, 12.1.7, 12.1.8, 12.2.1, 12.2.3, 12.2.4 and 12.2.5)?

Proposed Form of Development

6. If the subject lands are to be approved for urban development, is the form and density of development proposed by the Appellant for the subject lands feasible and desirable and does it represent good planning in light of the PPS and Official Plan policies, including the following policies relating to:

   a. Infrastructure availability and financial feasibility (including PPS Policies 2.4.1.3, 3.1.1, 3.1.2, 3.1.3, 3.6.1, 3.6.8; Official Plan Policies 4.7.1, 11.6.11);

   b. Transit and accessibility (PPS Policies 2.2.1, 2.3.2, 2.9.1, 3.2.1 and 3.2.2; Official Plan Policies 4.1.1 (5), 4.1.2, 5.4.2 (1.a));

   c. Complete communities (PPS Policies 2.1.6, 2.9.1; Official Plan Policies 4.1.2, 4.1.3, 4.1.4, 4.10, 5.4.1 (2.a), 5.4.4, 6.3.1);

   d. Road and emergency service access (PPS Policies 2.2.1, 2.3.1.2, 3.1.3, 6.2.7; Official Plan Policies 4.1.1);

   e. the mitigation of the impacts of Highway 416 on the proposed residences (PPS Policy 3.3.3; Official Plan Policies 10.2.1); and

   f. Natural heritage issues (PPS Policies 4.1, 5.1; Official Plan Policies 4.8.1, 4.8.2, 4.8.3, 4.9.3, 5.6.4, 10.1.10)?

7. If the subject lands are to be approved for urban development, what is the appropriate form of the zoning by-law?

8. If a plan of subdivision is to be draft approved for these lands, what form should that plan of subdivision take and what are the appropriate conditions of approval?

Other

9. Did City Council have authority to refuse the Official Plan Amendment application at its meeting on November 12, 2025?

Attachment 3

Order of Evidence

1. 2436091 Ontario Ltd.
2. City of Ottawa
3. O’Keefe Court Properties Ltd.
4. Kathleen Grimes et al. (Cedarhill Neighbours)
5. Reply of 2436091 Ontario Ltd. (if any)

Attachment 4

meaning of terms used in the procedural order

A party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other parties, and making submissions on all of the evidence. An unincorporated group cannot be a party and it must appoint one person to speak for it, and that person must accept the other responsibilities of a party as set out in the Order. Parties do not have to be represented by a lawyer and may have an agent speak for them. The agent must have written authorisation from the party.

NOTE that a person who wishes to become a party before or at the hearing, and who did not request this at the case management conference (CMC), must ask the Tribunal to permit this.

A participant is an individual or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a party may do so). Section 17 of the Ontario Land Tribunal Act states that a person who is not a party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A participant may also be asked questions by the parties should the Tribunal direct a participant to attend a hearing to answer questions on the content of their written submission.

A participant must be identified and be accorded participant status by the Tribunal at the CMC. A participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A participant cannot ask for costs, or review of a decision, as a participant does not have the rights of a party to make such requests of the Tribunal.

Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party or participant intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.

Visual evidence includes photographs, maps, videos, models, and overlays which a party or participant intends to present as evidence at the hearing.

A witness statement is a short written outline of the person’s background, experience and interest in the matter; a list of the issues which he or she will discuss; and a list of reports or materials that the witness will rely on at the hearing.

An expert witness statement should include his or her (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness’ opinions on those issues and the complete reasons supporting their opinions and conclusions and (5) a list of reports or materials that the witness will rely on at the hearing. An expert witness statement must be accompanied by an acknowledgement of expert’s duty.

A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a statement of the participant’s position on the appeal; a list of the issues which the participant wishes to address and the submissions of the participant on those issues; and a list of reports or materials, if any, which the participant wishes to refer to in their statement.

Additional Information

A summons may compel the appearance of a person before the Tribunal who has not agreed to appear as a witness. A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons through a request. (See Rule 13 on the summons procedure.) The request should indicate how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the information provided in the request that the evidence is relevant, necessary or admissible, the party requesting the summons may provide a further request with more detail or bring a motion in accordance with the Rules.

The order of examination of witnesses is usually direct examination, cross-examination and re-examination in the following way:

• direct examination by the party presenting the witness;
• direct examination by any party of similar interest, in the manner determined by the Tribunal;
• cross-examination by parties of opposite interest;
• re-examination by the party presenting the witness; or
• another order of examination mutually agreed among the parties or directed by the Tribunal.