Ontario Land Tribunal
Tribunal ontarien de l'aménagement du territoire
ISSUE DATE: July 05, 2021
CASE NO(S).: PL200556
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: 1186675 Ontario Ltd.
Appellant: Daniel Aquino
Appellant: Bushland Heights Limited
Appellant: Jessica Ferri; and others
Subject: Township of King (Our King) Official Plan, 2019
Municipality: Township of King
LPAT Case No.: PL200556
LPAT File No.: PL200556
LPAT Case Name: Aquino v. King (Township)
Heard: May 11, 2021 by Video Hearing
APPEARANCES:
Parties
Counsel/Representative*
Bushland Heights Limited
Steven Ferri*
Daniel Aquino
Via-Ru Limited
1186675 Ontario Ltd.
Stateview Homes
Natalie Ast*
(High Crown Estates) Inc.
Yellow Horizon Homes Ltd.
Kindome Investments Ltd.
Nobleton York Holdings Inc.
Meghan McDermid*
Flato Developments Inc.
Katarzyna Sliwa*
Wyview Group
Sandra Kendall
James Feehely*
Lino Nicoletti/ Elio Nicoletti
Self-represented
CRH Canada Group Inc.
Jessica Ferri
Regional Municipality of York
Samantha Foster*
Township of King
Tom Halinski*
MEMORANDUM OF ORAL DECISION DELIVERED BY CARMINE TUCCI ON MAY 11, 2021 AND ORDER OF THE TRIBUNAL
1The matter before the Ontario Land Tribunal (the "Tribunal"), is with respect to the appeals filed under s. 17(36) of the Planning Act as a result of the decision by the Regional Municipality of York ("Region") to approve the new Official Plan for the Township of King, subject to various modifications.
2The Appeals that were filed vary on a policy specific basis as they pertain to some Appellants. On a site-specific basis, they are applied to specific lands that are owned by the various landowners and by various Appeals of a wide variety of sections within the new Official Plan in its entirety.
3The Region initiated a comprehensive review of the Official Plan of the Township of King ("Township") in order to introduce a new OP titled, "Our King Official Plan September 2019", to replace the "Official Plan of the Township of King Planning Area 1970" and all amendments thereto. The Township of King adopted By-Law No. 2019-82 on September 23, 2019, to adopt the new Township Official Plan. Pursuant to s. 17 of the Planning Act, the new Township Official Plan was submitted to the Region for approval on October 8, 2019. Council for the Region approved the New Township Official Plan on September 24, 2020.
4The Tribunal has received from Tom Halinski, counsel for the Township of King, detailed information in respect to this Case Management Conference regarding:
a) agenda items;
b) a Township Structure Map;
c) status of each appeal and how each Appellant is working with the Township to resolve the appeals; and,
d) a Draft Procedural Order.
5The Tribunal was informed by Meaghan McDermid, solicitor for the Appellant, Nobleton York Holdings Inc., that her client has sold their lands to Nobleton 2715 Developments Limited and that the new owner will assume this appeal.
6The Tribunal was informed that James Feehely has been retained to represent the Appellant Sandra Kendall.
7The Tribunal directs all parties to submit in writing any changes to the updated Draft Procedural Order and Issues List no later than two (2) weeks prior to the next second CMC hearing date.
8The Tribunal hereby schedules a second CMC by video, of these appeals on Tuesday, September 21, 2021, commencing at 10 a.m. One (1) day has been set aside.
9Furthermore, the Tribunal schedules a Hearing of these appeals commencing Monday April 4, 2022 at 10.a.m. Four (4) weeks has been set aside for the Hearing.
HEARING TECHNICAL DETAILS
10The hearings are scheduled to proceed by video as follows:
Tuesday, September 21, 2021 at 10 a.m. (one day hearing) GoTo Meeting: https://global.gotomeeting.com/join/352169045 Access code: 352-169-045 Audio-only telephone line: +1 (647) 497-9391 or (Toll-Free) 1(888) 455-1389 Audio-only access code: 352-169-045
Monday, April 4, 2022 at 10 a.m. (four-week hearing) GoTo Meeting: https://global.gotomeeting.com/join/213939405 Access code: 213-939-405 Audio-only line: +1 (647) 497-9373 or (Toll-Free) 1(888) 299-1889 Audio-only access code: 213-939-405
11Parties 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.
12Parties 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
13Persons 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.
14Individuals 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 hearings by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing events may be directed to the Tribunal's Case Coordinator having carriage of this case.
15No further notice will be given.
16The Member is not seized.
17So Orders the Tribunal.
"Carmine Tucci"
CARMINE TUCCI
MEMBER
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.