Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 17, 2021
CASE NO(S).: PL190619
PROCEEDING COMMENDED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicants and Appellants: Catherine & Donato Acchione Subject: Request to amend the Official Plan – Refusal of request by Town of Caledon Existing Designation: Environmental Policy Area Proposed Designation: High Density Residential Purpose: To permit development of an eight-storey residential condominium Property Address/Description: 84 Nancy Street Municipality: Town of Caledon Municipal File No.: POPA 19-02 OLT Case No.: PL190619 OLT File No.: PL190619 OLT Case Name: Acchione v. Caledon (Town)
PROCEEDING COMMENDED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicants and Appellants: Catherine & Donato Acchione Subject: Application to amend Zoning By-law No. 2006-50 – Refusal or neglect of the Town of Caledon to make a decision Existing Zoning: Environmental Policy Area 1 and 2 Proposed Zoning: Multiple Residential Purpose: To permit development of an eight-storey residential condominium Property Address/Description: 84 Nancy Street Municipality: Town of Caledon Municipal File No.: RZ 19-03 OLT Case No.: PL190619 OLT File No.: PL190620
Heard: December 03, 2021 by Telephone Conference Call
APPEARANCES:
Parties Counsel
Catherine and Don Acchione Patrick Harrington
Town of Caledon Raj Kehar
Regional Municipality of Peel Rachel Godley
Toronto and Region Conservation Authority Tim Duncan
MEMORANDUM OF ORAL DECISION DELIVERED BY DAVID L. LANTHIER ON DECEMBER 3, 2021 AND ORDER OF THE TRIBUNAL
1This third Case Management Conference (“CMC”) was directed by the Tribunal, following the CMC conducted on February 17, 2021, for these Appeals which relate to a proposed development of an eight-storey, 143-unit apartment building on the property located at 84 Bolton Street. The purpose of this CMC was to receive a status update for the upcoming hearing, scheduled to commence on Monday, January 17, 2022, to scope issues and evidence for the hearing, and to prepare for the finalization of the work plan for the hearing.
Withdrawal of Party – Rose Mantella
2Prior to the CMC, the Tribunal received written confirmation from counsel for Rose Mantella that she was satisfied that her interests would be represented by the Town at the hearing, supported its position in the proceeding and was withdrawing as a party to the Appeals.
Status Update
3Discussions have continued between the Parties and the Tribunal is advised that issues relating to transportation may be resolved. At this time, there is no indication that any days can be released from the four-week hearing scheduled on the Tribunal’s calendar. The draft Hearing Plan has been circulated and will be provided to the Tribunal in accordance with paragraph 22 of the Procedural Order.
4There was some discussion regarding the matter of the Reply witness statements due on the day prior to the CMC. There was an inadvertent delay in the delivery of the statements. If there are concerns regarding the form of the Reply witness statements, the parties are to alert the Case Coordinator in advance of the commencement of the hearing that this is the case, and will address the Panel at the opening of the hearing.
5The delivery of visual evidence was due on the day of this CMC.
Amendment of Procedural Order – Delivery of Documents for Cross-Examination
6With respect to paragraph 19 of the Procedural Order, the parties, on consent, have agreed that in lieu of the delivery of password protected materials for cross-examination during the hearing, by Friday, January 7, 2022, the parties will instead, in the course of the hearing, provide any such documents anticipated for use in the cross-examination of a witness to the Tribunal’s Case Coordinator within 24 hours in advance of the expected testimony of the witness. The Tribunal has no difficulty in this regard, and the Procedural Order is amended accordingly.
Other Matters
7The parties will otherwise update the Case Coordinator with respect to any developments between the CMC and the commencement of the hearing on Monday, January 17, 2022. This will include the advice to the Tribunal as to the release of any hearing days, if that is the case.
8The Tribunal so orders and provides these additional CMC directives, and amends the Procedural Order, for the purposes of the case management of these appeals.
“David L. Lanthier”
DAVID L. LANTHIER VICE-CHAIR
Ontario Land Tribunal Website: 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.