23 Railroad Inc + et al. v. Brampton (City), 2026 CanLII 22825

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: March 11, 2026

CASE NO(S).: OLT-24-000688

PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellants: 2707193 Ontario Inc., Bovaird West Holdings, Brampton Mill Nelson & Amdev (Brampton) Limited Partnership et al.

Subject: Proposed Official Plan Amendment

Description: To permit the adoption of the New Official Plan of the City of Brampton

Reference Number: N/A

Property Address: Lands within the City of Brampton

Municipality: Brampton

OLT Case No.: OLT-24-000688

OLT Lead Case No.: OLT-24-000688

OLT Case Name: 23 Railroad Inc + et al. v. Brampton (City)

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

Request by: City of Brampton

Motion for: Directions

Heard: Written Motion

APPEARANCES:

Parties

City of Brampton Tribute Railroad Properties LP 2707193 Ontario Inc. Bouvaird West Holdings Inc. Brampton Mill Nelson Limited Partnership and Amdev (Brampton) Limited Partnership Centennial Mall Brampton Ltd. Amdev (Brampton) GP Clairville Holdings Limited County Court Centre Ltd. Lark Investments Inc., Ebrahim Investments Inc., EP 383 Orenda Inc., and EP 24 Bramalea Inc. Hillside TO Properties Inc. Home Depot of Canada Inc. Loblaw Properties Limited Mac Mor Canada Ltd. Northwest Brampton Landowners Group Inc. Heritage Heights Landowners Group Bruce and Shirley Reed Bramwest Development Corporation James Reed Maplequest Ventures Inc. 2266591 Ontario Inc. Seconfar Holdings Limited Primont Homes (Heritage Heights 1) Inc. Primont Homes (Heritage Heights 3) Inc. Primont Homes (Heritage Heights 4) Inc. Pulcher Holdings Ltd. Wanless Properties Ltd. Amber Forest Land Development Corporation Tiber Brampton Holdings Inc. Mattamy Homes Argo TFP Brampton III Limited Argo TFP Brampton IV Limited GIL (Heritage Heights) Inc. Soneil Markham Inc., Soneil Mississauga Inc., and Soneil Oakville Inc. Starbank Developments 285 Corp. 16 Lisa Street Ltd. 69 Bramalea Holdings Limited Toronto and Region Conservation Authority Mayer Investments Limited Canadian National Railway Company Mario Matteo Silvestro, Guida D’Alesio, and 2088205 Ontario Ltd. Region of Peel

Counsel*/Representative

Bruce Engell Signe Leisk Matthew Lakatos-Hayward Anne Benedetti Patrick Duffy Jonathan Cheng David Bronskill Mary Flynn-Guglietti Marc Kemerer Mark Flowers Stephen D’Agostino Alexander Suriano David Tang Jesse White Eileen Costello David Neligan Maggie Bassani John Pappas Scott Snider Shelley Kaufman Isaac Tang Lee English Ira Kagan David Nagpal* Noouman Khan* Johanna Shapira Tim Duncan Aaron Platt Katryna Vergis-Mayo Kat Sliwa Jessica Jakubowski Daniel Artenosi Michael Cara Arti Sanichara

DECISION DELIVERED BY DAVID BROWN AND ORDER OF THE TRIBUNAL

Link to Order

INTRODUCTION

1The matter before the Tribunal concerns multiple appeals filed pursuant to s. 17(36) of the Planning Act, R.S.O. 1990, c. P13, as amended, (“Planning Act”) against the approval of the new City of Brampton Official Plan (“Brampton Plan”).

2The Brampton Plan envisions the growth and development of the City of Brampton (“City”) to the year 2051 and proposes a framework for intensification as the City transitions into an urban, mixed-use city with a projected population of 1 million people, 290,000 households, and 355,000 jobs.

3The portions of the Brampton Plan that were not appealed came into effect on June 6, 2024. The City has been working with the many Appellants to clarify and resolve their appeals and the negotiations have resulted in proposed modifications to the Brampton Plan which addressed issues resolving certain appeals and clarifying other policies removing the appeals from those specific policies.

4The City has filed a Notice of Motion (Motion”) seeking an Order from the Tribunal approving the modified policies and schedules together with approving certain other policies which are no longer in dispute by the Appellants.

5For the reasons that follow, the Tribunal grants the Motion subject to the conditions set out.

NOTICE OF MOTION

6An Affidavit of Service, sworn by Joanne Butler on December 22, 2025, was filed with the Tribunal confirming that City’s Motion Record was served in accordance with the Tribunal’s direction.

7The Motion is requesting that the Tribunal grant the following Order:

a) An Order pursuant to section 17(50) of the Planning Act, granting certain appeals in part and modifying and approving those portions of the Brampton Plan as modified in the form set out in Exhibit “D” to the Affidavit of Shannon Brooks-Gupta (the “Modifications”);

b) An Order pursuant to section 17(50) of the Planning Act, approving those portions of Brampton Plan set out in Exhibit “E” to the Affidavit of Shannon Brooks-Gupta (the “Unmodified Policies and Schedules for Approval”);

c) An Order that the approval of the Modifications and the Unmodified Policies and Schedules is without prejudice to the Tribunal’s disposition of the remaining appeals in relation to the portions of the Brampton Plan, as set out in Exhibit “F” to the Affidavit of Shannon Brooks-Gupta, which are not subject to the Modifications or the Unmodified Policies for Approval and remain under appeal (“Outstanding Matters”); and

d) An Order directing the parties with an interest in the remaining appeals to address the status of the Outstanding Matters at the Case Management Conference scheduled for March 18, 2026;

8During the review of the materials, the Tribunal determined that 16 Lisa Street Ltd. was not notified of the Motion. The Tribunal contacted the representatives of 16 Lisa Street Ltd. and provided a copy of the Motion. Pursuant to Rule 3.2 of the Tribunal’s Rules of Practice and Procedure, the Tribunal revised the timeframe for a response to the Motion advising 16 Lisa Street Ltd. should they wish to respond to the Motion, they must file a response by March 2, 2026.

9On March 9, 2026, the City filed a Supplementary Motion Record containing additional Affidavit Evidence from Ms. Brooks-Gupta (“Supplementary Affidavit”) detailing certain changes and clarifications to the Motion materials.

10No Responses to the Motion were filed with the Tribunal.

EVIDENCE, ANALYSIS AND DISPOSITION

11In support of the Motion, an Affidavit and a Supplementary Affidavit (the “Affidavits”) sworn by Ms. Brooks-Gupta, a Registered Professional Planner and the Manager of Official Plan Growth Management at the City, were filed with the Motion.

12The Supplementary Affidavit included:

a) Exhibit A detailing the updated Modifications and which replaces and supersedes Exhibit D of her original Affidavit referenced in the Motion,

b) Exhibit B detailing the updated Unmodified Policies which replaces and supersedes Exhibit E of her original Affidavit referenced in the Motion, and

c) Exhibit C detailing the updated Outstanding Matters and which replaces and supersedes Exhibit F of her original Affidavit referenced in the Motion.

13In the Affidavits, Ms. Brooks-Gupta explained the Brampton Plan sets the framework of a new City Structure establishing land use policies which will guide growth in the City to 2051. The Brampton Plan identifies five major land use designations: Mixed-Use, Neighbourhoods, Employment, Mixed-Use Employment, and the Natural Heritage System and includes a series of overlays classified under Urban Centres, Town Centres, Primary and Secondary Urban Boulevards, and Corridors. Chapter 3 outlines general policies applicable city-wide and Chapter 4 provides site specific policies applicable to specific portions, sites, or areas of lands in the City, inclusive of Major Transit Station Area (“MTSA”) policies.

14The City has introduced 14 Primary MTSAs as well as Planned MTSAs in conformity with the Region of Peel Official Plan (“Region OP”). The MTSAs are envisioned to be developed as high-density, mixed-use, transit-supportive communities that provide access to housing, jobs, local amenities, and recreation opportunities.

15City Council adopted the Brampton Plan on November 1, 2023. On May 16, 2024, the Region of Peel (“Region”) Council approved the Brampton Plan with modifications. The approval was appealed to the Tribunal by 16 Appellants. Those portions of the Brampton Plan which were not the subject of any of the appeals came into effect on June 6, 2024.

16Ms. Brooks-Gupta explained that she participated in the negotiations with the Parties and has reviewed the Modifications. She proffered that the Modifications, as set out in Exhibit A to her Supplementary Affidavit, are appropriate and represent good planning. Exhibit A identifies the specific policy or schedule at issue and the recommended modifications, consisting of modifications to text, the addition of new language, or a complete deletion of the policy. Exhibit A also included notes identifying where a modified policy is still at issue with respect to a specific appeal.

17Exhibit B to Ms. Brooks-Gupta’s Supplementary Affidavit identified the Unmodified Policies which the City is requesting be approved, except as noted where there remain Appellant specific issues, without modifications.

18In consideration of the Unmodified Policies and the Modifications for which the City is requesting the Tribunal’s approval, Ms. Brooks-Gupta reviewed the planning policy framework as follows.

19Ms. Brooks-Gupta proffered that the Modifications and Unmodified Policies of the Brampton Plan before the Tribunal have appropriate regard for matters of provincial interest set out in s. 2 of the Planning Act specifically the subsections below:

a) The protection of ecological systems, including natural areas, features and functions;

(f) The adequate provision and efficient use of communication, transportation, sewage, and water services and waste management systems;

(h) The orderly development of safe and healthy communities;

(j) The adequate provision of a full range of housing, including affordable housing;

(k) The adequate provision of employment opportunities;

(l) The protection of the financial and economic well-being of the Province and its municipalities;

(m) The coordination of planning activities of public bodies;

(o) The protection of health and safety;

(p) The appropriate location of growth and development;

(q) the promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians;

(r) the promotion of built form that,

(i) is well-designed,

(ii) encourages a sense of place, and

(iii) provides for public spaces that are of high quality, safe, accessible, attractive and vibrant; and

(s) The reduction of greenhouse gas emissions and adaptation to a changing climate.

20In consideration of the Provincial Planning Statement, 2024 (“PPS”) Ms. Brooks-Gupta proffered that the Modifications and the Unmodified Policies are consistent with all relevant and applicable policies of the PPS as they will:

a. Provide an appropriate range and mix of uses and housing options and densities to meet projected needs of current and future residents to the year 2051 (Policies 2.1.3, 2.1.4. and 2.2.1);

b. Support the achievement of complete communities by accommodating an appropriate range and mix of land uses to meet long term needs, supporting redevelopment and intensification (Policies 2.1.6 and 2.2.3); Promote efficient development and land use patterns which optimize existing and planned infrastructure of the Province and City over the long term (Policy 2.3.2);

c. Focus growth in strategic areas that can support significant population and job increases, are well-connected by transit, and serve as hubs for education, commerce, recreation, and culture (Policy 2.4.1);

d. Promote complete communities by planning for a mix of housing options that are affordable, accessible, and equitable, supported by intensification and mixed-use development (Policy 2.4.2);

e. Plan for the minimum density targets for MTSAs (Policy 2.4.2.2);

f. Promote economic development and competitiveness by providing for a mix of employment, institutional and a broad mix of uses to meet long-term needs of the City (Policy 2.8.1.1);

g. Plan to reduce greenhouse gas emissions and prepare for the impacts of a changing climate (Policy 2.9.1); and

h. Maintain the wise use and management of the Natural Heritage System (Policy 4.1).

21Ms. Brooks-Gupta reviewed the Greenbelt Plan and opined the approval of the Modifications and the Unmodified Policies will conform with the relevant Greenbelt Plan policies. She noted the appropriate lands within the City have been designated as “Greenbelt Plan” on the relevant Schedules and Overlays within the Brampton Plan.

22Effective July 1, 2024, the Region OP affecting the City became part of the City’s Official Plan and the City is required to implement and ensure conformity with the Region OP. Having reviewed the relevant provisions of the Region OP, Ms. Brooks-Gupta opined the approval of the Modifications and the Unmodified Policies conform with the Region OP by optimizing the use of existing and planned Regional transportation network, infrastructure and services, and ensuring water supplies and sanitary sewer services are provided in an adequate, efficient, planned and cost effective manner.

23Having considered the statutory tests, Ms. Brooks-Gupta concluded that the approval of the Modifications and the Unmodified Policies is appropriate and represents good planning.

24The Tribunal has considered the submissions, reviewed the detailed and uncontested Affidavit evidence of Ms. Brooks-Gupta in support of the City’s Motion, and noting no Responses to the Motion were filed by any Parties to these proceedings, is satisfied that Modifications and Unmodified Policies have regard for matters of provincial interest, are consistent with the PPS, and conform to the Greenbelt Plan (2017) and the Region OP.

25The Tribunal finds that the Modifications and the Unmodified Policies will support the framework of the new City structure set out in the Brampton Plan and the establishment of land use policies through a comprehensive approach to guiding growth to 2051.

26The approvals requested in the Motion represent good land use planning and are in the public interest.

27The Tribunal grants the Motion and the Brampton Plan is modified as set out in Attachment 1 to this Order (Exhibit A of the Supplementary Affidavit of Ms. Brooks-Gupta) and the Brampton Plan is approved as modified. Further, the Tribunal approves the Unmodified Policies of the Brampton Plan as set out in Attachment 2 to this Order (Exhibit B of the Supplementary Affidavit of Ms. Brooks-Gupta).

28Further, the Tribunal holds that the approval of the Modifications and Unmodified Policies of the Brampton Plan is without prejudice to the Tribunal’s disposition of the remaining outstanding appeals of the Brampton Plan as described in Exhibit C of the Supplementary Affidavit of Ms. Brooks-Gupta. The Tribunal confirms that this Order does not limit:

a) the rights of a party to seek modifications, deletions or additions to resolve the Outstanding Matters on a general, area-specific or site-specific basis, including by means of additional Special Land Use Policy Areas in Chapter 4 of Brampton Plan, as the case may be;

b) the jurisdiction of the Tribunal to consider and approve such modifications, deletions or additions to resolve the Outstanding Matters on a general, area-specific or site-specific basis, including by means of additional Special Land Use Policy Areas in Chapter 4 of Brampton Plan, as the case may be; and

c) for the appeals in the Outstanding Matters which are to be scoped on a site specific or area specific basis, the Tribunal’s approvals in this Order are without prejudice to the ability of the parties to argue the merits of the scoped appeals either considered independent of the approvals as they apply to other lands or as an exception to those approvals, and the Tribunal retains the jurisdiction to consider and dispose of those scoped appeals on either basis.

29The Tribunal acknowledges that a Case Management Conference is scheduled for Wednesday, March 18, 2026, to address the outstanding unresolved appeals discussed in the Affidavits of Ms. Brooks-Gupta and reasoned it appropriate that the Parties with an interest in the remaining outstanding appeals be prepared to update the Tribunal on the status of the outstanding matters at that time. The Tribunal directs the Parties accordingly.

ORDER

30THE TRIBUNAL ORDERS THAT pursuant to section 17(50) of the Planning Act, R.S.O. 1990, c. P13, as amended, those portions of the City of Brampton Official Plan as set out in Attachment 1 to this Order are approved.

31AND THE TRIBUNAL ORDERS THAT pursuant to section 17(50) of the Planning Act, R.S.O. 1990, c. P13, as amended, the appeals filed by the Appellants listed below are allowed in part and the portions of the City of Brampton Official Plan as set out in Attachment 2 to this Order are modified, and the City of Brampton Official Plan as modified, excluding those matters identified in the Outstanding Matters set out in Attachment 3 to this Order are approved, as they relate to their specific appeals:

Northwest Brampton Landowners Group Inc.;
Starbank Developments 285 Corp.;
Hillside TO Properties Inc. and Loblaw Properties Limited;
Home Depot of Canada Inc;
Soneil Mississauga Inc. and Soneil Oakville Inc.; and
2707193 Ontario Inc.

27AND THE TRIBUNAL ORDERS THAT the Appeals are allowed in part to implement the approval or modifications of those policies described in the Attachments to this Order without prejudice to the disposition of the remaining unresolved and outstanding appeals. The status of such unresolved and outstanding appeals is to be addressed at the Case Management Conference scheduled for Wednesday, March 18, 2026.

“David Brown”

DAVID BROWN 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.

ATTACHMENT 1

ATTACHMENT 2

ATTACHMENT 3