Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 03, 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: March 19, 2026 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| 2731115 Ontario Inc., F.K. Deals Wheels Inc., 2731119 Ontario Inc., and Manor Care Homes Inc. | B. Davis I. Tang |
| Bull Moose Tube Limited | N. Gunawardana D. Baker |
| Canadian National Railway Company | M. Reedijk K. Silwa (in absentia) |
| City of Burlington | A. Peebles |
| Ministry of Affairs and Housing | K. Hare K. Israel T. Hohenkerk (Articling student) |
| Sofina Foods | C. Jordan P. Duffy (in absentia) |
| Aliena Land Corporation et al. | D. Snider |
MEMORANDUM OF ORAL DECISION DELIVERED BY steven cooke ON march 19, 2026 AND ORDER OF THE TRIBUNAL
Link to Order
INTRODUCTION
1This is the second 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”).
PARTY STATUS
2Aliena Land Corporation et al. (”Aliena”), out of an abundance of caution, appeared before the Tribunal for consideration of Party Status to these matters as they own property that is near an Major Transit Station Areas (“MTSA”). Aliena, with the understanding that mediation was underway and the issues were being scoped, originally requested deferral of the Party Status request to a later date. Some of the other Parties raised concerns that, being outside the MTSA, this request would not be appropriate, causing counsel for Aliena to request status at this CMC. Upon hearing the submissions of the Parties, the Tribunal granted Aliena Party Status to the proceedings.
3At the first CMC, the Tribunal received a Party Status request from Sofina Foods Inc. (”Sofina”), a meat processing facility located in the Appleby GO MTSA. At the time of the first, this request had been deferred. Without objection, Party Status was granted to Sofina by the Tribunal.
UPDATE
4The Parties advised the Tribunal that mediation is ongoing and has narrowed several issues. As a result, the City, with the consent of the Parties, presented a Supplementary Draft Order to the Tribunal further to its Order dated January 23, 2026.
FUTURE HEARING EVENTS
5The hearing is scheduled to proceed by video on Monday, June 29, 2026 at 10 a.m.
6Parties 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/638422541
Access code: 638-422-541
7Parties 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
8Persons 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: 638-422-541.
9Individuals 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.
10As 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
11THE TRIBUNAL ORDERS THAT in addition to the Order dated January 23, 2026 as follows:
- Contents of Notices of Appeal
a. The City, MMAH and the Appellants agree that the policies and schedules identified in the appeal letters are as follows, some of which have been further scoped as set out below:
i. Canadian National Railway Company:
- Policy 8.1.2(3.2) a) vision table for the Aldershot GO Central precinct only – preamble
- Policy 8.1.2(6) in its entirety.
- Policy 12.1.14(3) in its entirety.
- Schedule G, (Note: PMTSA boundary not subject to appeal).
- Schedule G-1, (Note: PMTSA boundary not subject to appeal).
- Schedule G-2, (Note: PMTSA boundary not subject to appeal).
- Schedule G-3, (Note: PMTSA boundary not subject to appeal).
ii. Bull Moose Tube Limited
- Policy 8.1.2(2.2) a) Vision Table on a site specific basis
- 8.1.2 (5.1)(d),(e)
- 8.1.2 (5.2)
- 8.1.2(6)(b)(c)(e)
- 8.1.2(8.2)
- 8.1.2(8.3)(a)
- 8.1.2 (10.1), as it relates to Burlington Urban Growth Centre/Major Transit Station Area
- 8.1.2(10.2)(a)(b)(c)
- Policy 8.1.2 (10.4) in its entirety
- Policy 12.1.14 (3), but not 12.1.14(3)(n) or 12.1.14 (3)(s), 12.1.14(3)(t)(v)
- Schedule F- Queensway Commons precinct on a site-specific basis or to the extent that it relates to 8.1.2(8.5)(b),(h),(i)
- Schedule F-1 on a site-specific basis or to the extent that it relates to 8.1.2(5.2)
- Schedule F-2 on a site-specific basis or to the extent that it relates to one of the above mentioned policies under appeal
- Schedule F-3 on a site-specific basis or to the extent that it relates to one of the above mentioned policies under appeal
iii. 2731115 Ontario Inc., F. K. Deals on Wheels Inc., 2731119 Ontario Inc. and Manor Care Homes Inc. (collectively, “Manor Care”)
- See below
b. In the event that any of the policies and schedules under appeal by the appellants fall within the ambit of subsection 17(36.1.4) of the Planning Act, the City or MMAH may rely upon that statutory provision to argue that the request for relief and/or issues raised by such appellant(s) in respect of that policy or schedule are not appropriately before the Tribunal for adjudication and such appellant(s) retains its rights to respond.
- Manor Care Scoping and Process Settlement
a. The notice of appeal by Manor Care dated October 30, 2025 of OPA 2 is scoped to the following policies and schedules, on a site specific or area specific basis, as the case may be
| Part of OPA 2 under appeal | Geographical scope of appeal |
|---|---|
| Policy 8.1.2(2.2)a) in its entirety | 1376-1382 Plains Road East |
| Policy 8.1.2(6) in its entirety | Burlington GO MTSA |
| Policy 8.1.2(8.6) e) | Burlington GO MTSA |
| Policy 8.1.2(9.1) b) | Burlington GO MTSA |
| Schedule F – Mid-Rise Residential Precinct | 1376-1382 Plains Road East |
b. The scoping of the Manor Care appeals are without prejudice to the ability of Manor Care to argue the merits of the scoped appeals, regardless of and independent of whether the policies and schedules under appeal by Manor Care have come into effect generally due to the scoping of the Manor Care appeals, or through a Tribunal Decision/Order arising from the other two appeals of OPA 2. In such cases, Manor Care can argue that their scoped appeals should be an exception to those other approvals, including by seeking modifications, deletions or additions to the policies and schedules still under appeal by Manor Care on a site specific or area specific basis (and for clarity, the Tribunal retains its jurisdiction to grant such relief requested by Manor Care, where appropriate), and the City or the Ministry shall not argue that the coming into effect of those policies elsewhere in the City is a reason to refuse such relief as requested by Manor Care. However, the City and Ministry can advance other reasons why any such relief proposed by Manor Care should be refused and Manor Care retains its rights to respond.
c. The Manor Care appeals are adjourned, pending the City processing of the forthcoming site-specific development application by Manor Care for 1376-1382 Plains Road East. The disposition of the outstanding Manor Care appeals will be dealt with by the Tribunal at a future hearing event(s).
d. The City and Manor Care are to provide the Tribunal with a joint status report on the site-specific development application within twelve (12) months of the date of this Order. At that time, the City and Manor Care will also ask the Tribunal to schedule a Case Management Conference, within eighteen (18) months of the date of this Order regarding the adjourned Manor Care appeals of OPA 2.
12THAT the next CMC shall be held on Monday, June 29, 2026 in accordance to paragraph [6].
“Steven Cooke”
STEVEN COOKE
VICE-CHAIR
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.