Motion to consolidate OPA appeals and hear site-specific appeals together dismissed to avoid prejudicing approval authorities.
Mattamy brought a motion to consolidate two competing Official Plan Amendment (OPA) appeals regarding the Southwest Georgetown secondary plan, and to have its site-specific zoning and draft plan appeals heard together with the OPA appeals.
The Town brought a preliminary motion to strike the reply affidavit of Mattamy's planning expert, arguing it contained legal advocacy.
The Tribunal dismissed the motion to strike, finding the affidavit relevant but noting it would separate the planning opinion from the advocacy.
The Tribunal dismissed Mattamy's motion in its entirety, finding that hearing the site-specific appeals together with the OPA appeals would be premature, potentially prejudicial to the approval authorities, and could inappropriately invert the planning hierarchy.
The Tribunal also found no appreciable benefit to formally consolidating the two OPA appeals.
OLTOntario Land TribunalFeb 15, 2023
