Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 05, 2021
CASE NO(S).: PL190638
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Optilinx Systems Inc.
Subject: Request to amend the Official Plan - Failure of Durham Region to adopt the requested amendment
Existing Designation: Major Open Space Areas
Proposed Designated: Major Open Space Areas
Purpose: To recognize and permit the expansion of a contractor's yard and office uses
Property Address/Description: 4560 (4500) Thickson Road North
Municipality: Upper Tier of Durham
Approval Authority File No.: OPA 2016-003
OLT Case No.: PL190638
OLT File No.: PL190638
OLT Case Name: Optilinx Systems Inc. v. Durham (Region)
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Optilinx Systems Inc.
Subject: Request to amend the Official Plan - Refusal of request by the Town of Whitby
Existing Designation: Major Open Space 2, Environmental Protection Conservation Lands, Major Open Space 3 and Hazard Land
Proposed Designated: Major Open Space 3 and Hazard Land
Purpose: To permit a contractor’s yard with outdoor storage and associated office and maintenance buildings
Property Address/Description: 4560 (4500) Thickson Road North
Municipality: Town of Whitby
Approval Authority File No.: OPA-2016-W/04
OLT Case No.: PL190638
OLT File No.: PL200035
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Optilinx Systems Inc.
Subject: Application amend Zoning By-law No. 1784 - Refusal of Application by the Town of Whitby
Existing Zoning: Agriculture (A)
Proposed Zoning: Restricted Industrial (M1) and Greenbelt (G) and Residential (R2A)
Purpose: To permit a contractor’s yard with outdoor storage and associated office and maintenance buildings
Property Address/Description: 4560 Thickson Road North
Municipality: Town of Whitby
Municipality File No.: Z-19-16
OLT Case No.: PL190638
OLT File No.: PL200036
Heard: November 3, 2021 by video hearing (“VH”)
APPEARANCES:
Parties
Counsel
Optilinx Systems Inc. (“Appellant”)
M. Di Vona
Region of Durham (“Region”)
R. Woon
Town of Whitby (“Town”)
C. Kapelos
MEMORANDUM OF ORAL DECISION DELIVERED BY BLAIR S. TAYLOR ON NOVEMBER 3, 2021 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal held its second Case Management Conference (“CMC”) with regard to the Applicant’s appeals to amend the Regional Official Plan, the Town’s Official Plan and the Town’s Zoning By-law for the lands known municipally as 4560 (4500) Thickson Road North (“Subject Lands”).
2At this CMC, the Tribunal heard submissions on Tribunal-led mediation, considered a draft Procedural Order (“PO”) and Issues List, and heard a request to set down a 10-day hearing on the merits.
3For the reasons set out below, the Tribunal gave directions with regard to the draft PO, and set a seven day hearing for April 4, 2022 commencing at 10 a.m. by VH.
DECISION
4The Tribunal was advised that there was an outstanding Provincial Offences prosecution concerning the Subject Lands, and that in those circumstances, neither the Town nor the Region believed that Tribunal-led mediation was appropriate.
5While the parties had sought a 10 day hearing, the Tribunal was advised that the Applicant anticipated calling two experts witnesses, the Town calling two expert witnesses, and the Region calling one expert witnesses. In light of the likelihood that there would be five witnesses, the Tribunal canvassed with the parties a shorter hearing in the range of five to eight days. In an abundance of caution and bearing in mind that a Hearing Plan would be required 65 days in advance of the actual hearing date, the Tribunal set a seven-day hearing to begin on Monday, April 4, 2022, commencing at 10 a.m. by VH, (with the Tribunal not sitting on April 11, 2022) and thus finishing on April 13, 2022.
6Parties and participants are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections:
https://global.gotomeeting.com/join/558238869
Access Code: 558-238-869
7Parties and 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 GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html.
8Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: Toll-Free 1-888-455-1389 or +1 (647) 497-9391. The Access Code is as indicated above.
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 VH to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
10The Tribunal gave direction with regard to modest revisions of the draft PO and Issues List, including the consolidation of the overlapping issues of the Town and Region.
11The Tribunal directed that the Town and the Region coordinate and consolidate their issues and provide them to Mr. Di Vona on or before November 10, 2021.
12The Tribunal tasked Mr. Di Vona with the revisions to the draft PO and Issues List and on consent, to file it with the Case Coordinator on or before November 17, 2021 for consideration by the Tribunal.
13There will be no further notice.
14I am not seized.
15Scheduling permitting, I may be available for case management purposes.
16This is the Order of the Tribunal.
“Blair S. Taylor”
BLAIR S. TAYLOR
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.