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Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
**ISSUE DATE:** July 08, 2021
**CASE NO(S).:** PL131098
**PROCEEDING COMMENCED UNDER** subsection 36(3) of the [Planning Act](https://www.canlii.org/en/on/laws/stat/rso-1990-c-p13/latest/rso-1990-c-p13.html), R.S.O. 1990, c. P.13, as amended
**Appellant:** 6324223 Canada Inc.
**Subject:** Removal of Holding Symbol: Zoning By-law No. 96-103 – Refusal of application by Town of New Tecumseth
**Property Address/Description:** 689 Victoria Street East
**Municipality:** Town of New Tecumseth
**OMB Case No.:** PL131098
**OMB File No.:** PL131098
**OMB Case Name:** 6324223 Canada Inc. v. New Tecumseth (Town)
**PROCEEDING COMMENCED UNDER** subsection 45(12) of the [Planning Act](https://www.canlii.org/en/on/laws/stat/rso-1990-c-p13/latest/rso-1990-c-p13.html), R.S.O. 1990, c. P.13, as amended
**Applicant and Appellant:** 6324223 Canada Inc.
**Subject:** Minor Variance
**Variance from By-law No.:** 96-103
**Property Address/Description:** 689 Victoria Street East
**Municipality:** Town of New Tecumseth
**Municipal File No.:** A04/13
**OMB Case No.:** PL131098
**OMB File No.:** PL130614
**PROCEEDING COMMENCED UNDER** subsection 41(12) of the [Planning Act](https://www.canlii.org/en/on/laws/stat/rso-1990-c-p13/latest/rso-1990-c-p13.html), R.S.O. 1990, c. P.13, as amended
**Referred by:** 6324223 Canada Inc.
**Subject:** Site Plan
**Property Address/Description:** 689 Victoria Street East
**Municipality:** Town of New Tecumseth
**OMB Case No.:** PL131098
**OMB File No.:** PL130334
**Heard:** June 25, 2021 by Video Hearing
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## APPEARANCES:
**Parties**
**Counsel**
6324223 Canada Inc.
(the “Appellant”)
Justin Piersanti
Town of New Tecumseth
James Feehely
Alliston Developments Limited
Sharmini Mahadevan
## MEMORANDUM OF ORAL DECISION DELIVERED BY G.C.P. BISHOP ON JUNE 25, 2021 AND ORDER OF THE TRIBUNAL
[1] This is the first Case Management Conference (“CMC”) on the above noted matters. Given the time that has passed since these appeals were submitted, the Tribunal directed the parties to attend today to relay any updates with the view to either resolve the matters or schedule a contested hearing.
[2] The civic address of the subject property is 689 Victoria Street East (Highway #89), located along Highway 89, just east of the community of Alliston, in the Town of New Tecumseth (the “Town”). More specifically, the subject property is in the southwest corner of Highway #89 and Industrial Parkway (Highway #10).
[3] This property was subject to an Ontario Municipal Board (“OMB”) hearing in 2007.
[4] On April 11, 2013 the OMB received appeals for both the lifting of the “H” holding symbol, under [s. 36(3)](https://www.canlii.org/en/on/laws/stat/rso-1990-c-p13/latest/rso-1990-c-p13.html) of the [Planning Act](https://www.canlii.org/en/on/laws/stat/rso-1990-c-p13/latest/rso-1990-c-p13.html), and Site Plan, under [s. 41(12)](https://www.canlii.org/en/on/laws/stat/rso-1990-c-p13/latest/rso-1990-c-p13.html) of the Planning Act. The OMB also received an appeal on a minor variance matter, on June 20, 2013, but this appeal was subsequently withdrawn, and the file was closed on May 17, 2019.
[5] Directly east, on the east side of Highway #10, south of Highway #89, there is an existing development that has been in place for a number of years. Alliston Developments Limited (the “Alliston Site”) is the owner of these lands and during the build out of this development a temporary sewer pumping station was required to be constructed on the Alliston Site that included an agreement between the Alliston Site and the Town. This agreement does allow other development in the area to connect to this temporary pumping station, on the Alliston Site, until such time a permanent Town pumping station is constructed.
[6] The Alliston Site is represented at this event by the manager, Lily Wu, and their counsel, Sharmini Mahadeven. Due to the required agreement between the Appellant and the Alliston Site, Alliston Developments Limited is granted party status. The agreement will allow for a temporary force main to enter onto the Alliston Site and connect to the temporary pumping station.
[7] Justin Piersanti, counsel for the Appellant, gave the Tribunal a brief history of the development and explained that the parties are in the final stages of coming to an agreement on all matters. This is confirmed by all parties in attendance.
[8] James Feehely, counsel for the Town, stated that the site plan and agreement were detailed and complex and that some time is required to ensure the documents are in a form that can be properly presented to Council for ratification. Mr. Feehely expected that this could occur at the August Council meeting, if all parties work diligently on the content of the documents. This package will also include the necessary agreement between the Appellant and the Alliston Site with respect to the temporary force main connection.
[9] The Tribunal has set a date for a second CMC, which all parties agree, will be used as a settlement hearing on this matter. The Tribunal has set aside Friday, October 1, 2021, for the second CMC for one day. The
minicounsel