Ontario Land Tribunal / Tribunal ontarien de l'aménagement du territoire
ISSUE DATE: May 12, 2026
CASE NO(S).: OLT-26-000168
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Para Land Development LP and 1000231385 Ontario Inc. Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To permit the development of a mix of commercial and residential uses Reference Number: AM-2023-028 Property Address: 8100 Dorchester Road Municipality/UT: Niagara Falls/Niagara OLT Case No.: OLT-26-000168 OLT Lead Case No.: OLT-26-000168 OLT Case Name: Para Land Development LP and 1000231385 Ontario Inc. v. Niagara Falls (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Para Land Development LP and 1000231385 Ontario Inc. Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit the development of a mix of commercial and residential uses Reference Number: AM-2023-028 Property Address: 8100 Dorchester Road Municipality/UT: Niagara Falls/Niagara OLT Case No.: OLT-26-000169 OLT Lead Case No.: OLT-26-000168 OLT Case Name: Para Land Development LP and 1000231385 Ontario Inc. v. Niagara Falls (City)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Para Land Development LP and 1000231385 Ontario Inc. Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision Description: To permit the development of a mix of commercial and residential uses Reference Number: 26T-2023-004 Property Address: 8100 Dorchester Road Municipality/UT: Niagara Falls/Niagara OLT Case No.: OLT-26-000170 OLT Lead Case No.: OLT-26-000168 OLT Case Name: Para Land Development LP and 1000231385 Ontario Inc. v. Niagara Falls (City)
Heard: May 1, 2026, by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Para Land Development LP and 1000231385 Ontario Inc. | I. Banach |
| City of Niagara Falls | T. Halinski |
| Chemtrade Logistics Inc. | E. Barz |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. deBOER ON MAY 1, 2026 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision arises from the first Case Management Conference ("CMC") held in preparation for the appeals by Para Land Development LP and 1000231385 Ontario Inc. ("Appellant") pursuant to ss. 22(7), 34(11), and 51(34) of the Planning Act due to the City of Niagara Falls' ("City") failure to make a decision on the Official Plan Amendment, the Zoning By-law Amendment and the Draft Plan of Subdivision Applications ("applications" / "instruments") within the statutory timelines.
2The applications would permit the redevelopment of the lands known as 8100 Dorchester Road, in the City ("Subject Lands"). The planning instruments propose to develop the Subject Lands with a mix of commercial and residential uses including 80 townhouse dwelling units, 547 condominium apartments and 126 senior condominium units. The planning instruments include a total mixed-use retail space of approximately 22,803 square metres.
3The purpose of the CMC was to review any Party and Participant status requests and set a date for the next hearing event.
AFFIDAVIT OF SERVICE
4The Tribunal reviewed the Affidavit of Service of Notice with the Parties, which was served by Mackenzie Ceci on March 27, 2026. As the Tribunal found no issues with the Notice, the Tribunal ruled that no further Notice would be required and marked the Affidavit of Service as Exhibit 1 to this CMC.
PARTY REQUEST
5The Tribunal received one Party status request prior to the CMC from Chemtrade Logistics Inc. ("Chemtrade"). After discussion and review of the Party request, and without objection from the statutory Parties, the Tribunal ruled that Chemtrade met the criteria of a Party and granted Chemtrade Party status.
PARTICIPANT REQUESTS
6The Tribunal did not receive any Participant requests prior to, nor at the CMC.
OPPORTUNITIES FOR RESOLUTION
7The Parties stated that since Chemtrade had just made their Party request in the last seven calendar days, the Appellant had not had the time to discuss the issues concerning Chemtrade. As Chemtrade is now a Party to the matter, the Appellant stated that it will work with Chemtrade to, at a minimum, discuss their issues and work with them and the City to complete a Procedural Order and Issues List.
PROCEDURAL ORDER AND ISSUES LIST
8The City stated that it is waiting for Council's direction concerning its issues and it would not have those instructions until the City Council meeting of July 14, 2026. The Parties requested that a second CMC occur near the end of July 2026, at which time, a draft Procedural Order and Issues List would be before the Tribunal.
9The Tribunal agreed with this process and scheduled a second CMC to occur as set out below. The Tribunal directed the Parties to submit the draft Procedural Order and Issues List by Thursday, July 23, 2026, for the Tribunal's review. The Parties stated that they would endeavour to meeting the Tribunal's deadline.
SECOND CASE MANAGEMENT CONFERENCE
10The Tribunal has scheduled a second CMC to proceed by video on Thursday, July 30, 2026, at 10 a.m., by video conference.
11Parties 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/656004293
Access code: 656-004-293
12Parties 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
13Persons 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: +1-647-497-9373 or (toll-free) +1-888-299-1889. The access code is: 656-004-293.
14Individuals 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.
15As of March 30, 2026, all hearing events are governed by the Tribunal's Artificial Intelligence Practice Direction. This Practice Direction requires a party, participant, or witness to include a declaration within each submitted document if generative AI was used to create or generate content.
ORDER
16THE TRIBUNAL ORDERS its rulings and directions noted above.
17No further Notice will be issued.
18The Member is not seized but may be spoken to if procedural issues arise, schedule permitting.
"S. deBoer"
S. deBOER
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.