Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 23, 2026
CASE NO(S).: OLT-25-000891
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Bull Moose Tube Limited
Appellant: Canadian National Railway Company
Appellant: 2731115 Ontario Inc., F. K Deals on Wheels Inc., 2731119 Ontario Inc., and Manor Care Homes Inc.
Subject: Proposed Official Plan Amendment 2
Description: To establish the vision and supporting policy framework for three of the City of Burlington's Major Transit Station Area
Reference Number: OPA 2
Property Address: City of Burlington’s Protected Major Transit Station Areas
Municipality/UT: Burlington/Halton
OLT Case No.: OLT-25-000891
OLT Lead Case No.: OLT-25-000891
OLT Case Name: Bull Moose Tube Limited v. Municipal Affairs and Housing (Ministry)
Heard: January 15, 2026, by Video Hearing
APPEARANCES:
Parties
Counsel
2731115 Ontario Inc., F.K. Deals on Wheels Inc., 2731119 Ontario Inc., and Manor Care Homes Inc
Brett Davis Isaac Tang
Bull Moose Tube Limited
Raj Kehar Denise Baker (in absentia)
Canadian National Railway Company
Max Reedijk Katarzyna Silwa
City of Burlington
Andrea Peebles
Ministry of Affairs and Housing
Ken Hare
MEMORANDUM OF ORAL DECISION DELIVERED BY YASNA FAGHANI AND ON JANUARY 15, 2026 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) regarding an Official Plan Amendment (“OPA”) appeal filed pursuant to s.17(36) of the Planning Act (“Act”) by 2731115 Ontario Inc., F.K. Deals on Wheels Inc., 2731119 Ontario Inc., and Manor Care Homes Inc. (collectively, the “Owners”); Bull Moose Tube Limited; and the Canadian National Railway Company. The City of Burlington’s Official Plan was adopted on April 26, 2018, and approved by the Regional Municipality of Halton on November 30, 2020. The Minister of Municipal Affairs and Housing approved the City of Burlington’s Official Plan Amendment 2 (“OPA 2”).
2The Affidavit of Service of Notice sworn by Tamara Hohenkerk dated December 12, 2025, is marked as Exhibit 1. The Tribunal confirmed with Counsels that there were no known issues with service of Notice, and as such, no further Notice is required.
3Counsel for the City of Burlington provided a detailed history of how OPA 2 was approved. She also said its intention is to establish the vision and supporting policy framework for three of the City of Burlington’s Major Transit Station Areas (“MTSA”): the Downtown Burlington UGC/Burlington GO MTSA, Aldershot GO MTSA, and the Appleby GO MTSA. She explained that OPA 2 includes enabling policies to allow the City of Burlington to implement a Community Planning Permit System (“CPPS”) for the MTSAs. Counsel’s speaking notes regarding the background and history is marked as Exhibit 2.
PARTY STATUS
4The Tribunal received a Party Status request from Sofina Foods Inc. (“Sofina”), which is the owner and operator of a meat processing facility located within the Appleby Go MTSA. It requested Party Status in the appeal by the Owners because if, as a result of the appeal OPA 2 is amended and the land use compatibility policies relating to the Appleby MTSA is revised, the protection afforded to Sofina could be impacted.
5Counsel for Sofina said there has been discussion between it, the Owners, and the City of Burlington regarding the scope of the appeal. Once the discussions have finalized and the full scope of the appeal is confirmed, there may no longer be a need for its Party Status Request. As such, Sofina requested to defer its Status Request to a future date once the appeal by the Owners has been scoped. The City of Burlington and the Owners did not oppose the request. Tribunal granted the deferral request to the next scheduled CMC, which will be discussed further below.
CONTENT OF NOTICE OF APPEAL
6Counsel for the City of Burlington said that the City of Burlington and the Parties are in the process of confirming the Contents of the Notice of Appeal and corresponding parts of the OPA that are under appeal. This is relevant to the specific OPA 2 policies and schedules before the Tribunal’s proceedings, as well as relevant to the portions of OPA 2 that come into effect under [s. 17 (27)](https://www.canlii.org/en/on/laws/stat/rso-1990-c-