Stormont, Dundas and Glengarry (County) v. Ontario (Ministry of Municipal Affairs and Housing), 2021 CanLII 88703

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

CORRECTION NOTICE

OLT CASE NO.:

PL180202

DECISION ISSUE DATE:

September 14, 2021

CORRECTION NOTICE ISSUE DATE:

October 06, 2021

RE: Stormont, Dundas and Glengarry (County) v. Ontario (Ministry of Municipal Affairs and Housing)

Correction to: page 9, paragraph [25] - to reflect the correct year the hearing is to take place

Originally:

Corrected to:

25There will accordingly be a further CMC conducted as a video hearing event on Tuesday, January 18, 2021, commencing at 10 a.m.

25There will accordingly be a further CMC conducted as a video hearing event on Tuesday, January 18, 2022, commencing at 10 a.m.

“Euken Lui”

EUKEN LUI

REGISTRAR

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.

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE:

September 14, 2021

CASE NO(S).:

PL180202

PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant:

1354083 Ontario Inc.

Appellant:

Andrew Abel

Appellant:

Donald Barkley

Appellant:

Grant Brown; and others (See Attachment 1)

Subject:

Proposed Comprehensive Official Plan

Municipality:

United Counties of Stormont, Dundas and Glengarry

OLT Case No.:

PL180202

OLT File No.:

PL180202

OLT Case Name:

Stormont, Dundas and Glengarry (County) v. Ontario (Ministry of Municipal Affairs and Housing)

Heard:

September 1, 2021 by Video Hearing

APPEARANCES:

Parties

Counsel*/Representative

Ministry of Municipal Affairs and Housing (“MMAH”)

Irvin Shachter*

Anna-Lee Beamish*

United Counties of Stormont, Dundas & Glengarry (“United Counties”) (Appeal 1)

Josh Moon*

Trent McBain*

Township of North Glengarry (“North Glengarry”) (Appeal 2)

Josh Moon*

Trent McBain*

Township of South Glengarry (“South Glengarry”) (Appeal 3)

Tony Fleming*

Township of South Stormont (South Stormont”) (Appeal 4)

Josh Moon*

Trent McBain*

Township of North Stormont (“North Stormont”) (Added Party)

Josh Moon*

Trent McBain*

Township of South Dundas (“South Dundas”) (Appeal 5)

Josh Moon*

Trent McBain*

Township of North Dundas (“North Dundas”) (Appeal 6)

Steve Ault*

Cornwall Regional Airport Commission (Appeal 7)

Tony Fleming* (as agent)

TPM Holdings Inc. (Appeal 10)

Joshua Moon* (as agent)

Three Vees Company Limited (formerly Kovich and Associates Engineers) (Appeal 12)

Emma Blanchard*

Cartwave Realty Limited (Appeal 13)

J. Andrew Pritchard*

Cornwall Gravel Company Limited (Appeal 14)

J. Andrew Pritchard*

Coco Properties Corporation (formerly Cruickshank Properties Corporation) (Appeal 15)

Anthony Rossi

Institut Islamique Al-Rasheed (Appeal 16)

D. Gregory Meeds*

TRP Ready Mix Limited and A.L. Blair Construction Ltd. (Appeal 17)

No one appearing

Jacob William Hoogenboom (Appeal 18)

Self-Represented

Maurice Laframboise (Appeal 19)

Andre Menard (as agent)

William Ewing (Appeal 22)

Eldon Horner*

Michael Lanctot (Appeal 24)

Self-Represented

Donald Barkley (Appeal 26)

No one appearing

Catherine & Gary Garlough (Appeal 28)

Steve Ault* (as agent)

Bernard Foley and Elizabeth Hummel-Foley (Appeal 31)

Eldon Horner*

Marilyn McMahon (Ayerst) (Appeal 32)

Marcel Lapierre

Tuxedo Llama Ranch Corp. (Appeal 35)

No one appearing

1605914 Ontario Inc.

Patrick Aubry*

MEMORANDUM OF ORAL DECISION DELIVERED BY DAVID L. LANTHIER ON SEPTEMBER 1, 2021 AND ORDER OF THE TRIBUNAL

1This fifth Case Management Conference (“CMC”) was scheduled in accordance with the decision issued on April 20, 2021, following the last CMC and hearing of the prior motion.

2With the benefit of the continued assistance of counsel for the United Counties, MMAH and the Townships in the organization and attempted resolution of these many Appeals, the Tribunal was provided with a copy of a communication that was forwarded to all parties and participants on August 24, 2021 and a draft Agenda for this hearing event. The Tribunal also received the benefit of a Chronology of Events since the last hearing event on April 1, 2021, which has been marked as Exhibit 13 to these consecutive CMCs.

STATUS OF THE APPEALS

3The Appeals have gradually been directed into two major streams – the Prime Agriculture/Rural Land Use Designations Stream and the Aggregate Resources Stream. With the added benefit of the Chronology, counsel provided an overview of ongoing discussions and resolutions of the Appeals for both these appeal Streams.

4In the Land Use Designation Stream, five of the six Townships have had ongoing collective discussions with the United Counties and MMAH, while North Dundas has undertaken its own process. It appears that there has been significant progress towards a consensus on a number of issues and designations, which remain to receive final endorsements. At this point, North Dundas may not have progressed quite as far towards potential resolution on matters as the remainder of the Townships.

5In the Aggregate Resources Stream, there have been discussions underway with the Townships and United Counties, involving three Appellants, Cornwall Gravel Company Limited (Appeal 14), Coco Properties Corporation (formerly Cruickshank Properties Corporation) (Appeal 15), and TRP Ready Mix Limited and A.L. Blair Construction Ltd. (Appeal 17). It is intended that these discussions will involve MMAH once progress has been made. This Stream is, to some extent, dependent upon certain outcomes in the Land Use Designations stream.

6The Appellant, TPM Holdings (Appeal 10), is entering into mediation with the United Counties and the Townships, without the involvement of MMAH.

7Considerable efforts have been made to date and an anticipated work plan is in place amongst the Parties for the continuing consideration and determination of the land use designations and mapping which will bring the United Counties, Townships and MMAH to the point of final discussions amongst themselves in both Streams by mid to late October (or perhaps later, depending upon the ability of counsel and staff to secure instructions from councils). At that point in time, once the Counties, MMAH and the Townships have reached a point of resolution, there will then be a circulation of the maps and proposed designations to all other Appellants for continued discussion. It is optimistically anticipated these ongoing processes may lead to a motion before the Tribunal to bring lands in the Land Use Mapping schedules that are no longer the subject of appeal, into full force and effect on a consensual basis. Those Appeals, or those parts of Appeals, that cannot be resolved will proceed to pre-hearing filing requirements and the scheduling of hearings of the appeals.

8To allow for the amount of time involved, in exchanged communications and the circulation of information, the parties are estimating that they will likely be able to work to a finite point of making these necessary determinations, including approvals by the various Councils, by year end. Thereafter, in the new year, the parties will be able to advise the Tribunal at the next CMC as to those matters that can be resolved and bring those matters forward to the Tribunal for approval, or alternatively, provide a draft Procedural Order and requirements for the scheduling of hearing dates for each of those unresolved Appeals.

9The Tribunal has now scheduled the further necessary CMC in January 2022, as set out below. All Parties are to ensure that they are responsive in a timely fashion to the inquiries and communications from the United Counties and the Townships to ensure that scheduling and case management can proceed without delay at the January CMC.

WITHDRAWAL OF APPEALS – Appeal Nos. 25, 27 and 33 – LUC PAUL EMILE LEGROULX, CHAN KOO LEE AND GRANT BROWN

10By email dated August 24, 2021, the Tribunal was advised by Luc Paul Emile Legroulx that he was withdrawing his Appeal (No. 27). Correspondence was forwarded confirming the withdrawal and the Tribunal’s records will reflect the withdrawal of this Appeal.

11By email dated August 31, 2021, the Tribunal was also advised by Chan Koo Lee (and Woo Hak Lee and Chung Sook Jeong) that this Appeal (No. 33) was withdrawn. The Tribunal’s records will reflect this additional withdrawal of this Appeal.

12Finally, the Tribunal was also advised by Grant Brown (Appeal No. 25) that he was also withdrawing his appeal. Correspondence was forwarded confirming the withdrawal and the withdrawal of this third Appeal will be noted in the Tribunal’s file.

MOTION – TOWNSHIP OF SOUTH GLENGARRY

13South Glengarry served and filed a Motion before the Tribunal, returnable on this date. The Affidavit of Service was marked as Exhibit 14 to the Case Management Conferences.

14South Glengarry seeks an order under s. 17(39)(b) of the Planning Act bringing into force and effect those parts of the United Counties of Stormont, Dundas and Glengarry 2018 Comprehensive Official Plan (“United Counties OP”) that change the land use designation of two designated properties in the Township of South Glengarry. Those two properties are currently designated as “Agricultural Resource Lands” in the Interim Land Use Schedule of the 2018 OP.

15Prior to the hearing event, and upon submissions from the Parties, the Tribunal was advised that there was consent to the Motion from the United Counties, North Glengarry, South Stormont, South Dundas, North Stormont and the MMAH. The parties approved a draft form of an Order for presentation to the Tribunal today. The Consents are marked collectively as Exhibit 15 to the CMC hearings.

16The two properties, which are the subject of the Motion are:

1. Part of Lot 8, Concession 3 I.L and known municipally as 6131 Huron Street, in Williamstown, Ontario, owned by Deborah Pregent; and,

2. Part of Lots 56 & 57, Concession 1 NRR, and known municipally as 20093 Wentworth Road in Williamstown, Ontario, owned by Patrice and Madeleine St. Pierre.

17In support of the Motion, the Township of South Glengarry filed the Affidavit of Ms. Joanne Haley, General Manager of Planning, Building and Enforcement at the Township of South Glengarry, sworn August 4, 2021. The Tribunal has reviewed Ms. Haley’s curriculum vitae and the Acknowledgement of Expert’s Duty and qualifies her to provide expert land use planning opinion evidence for the purposes of the Motion.

18Ms. Haley has provided the background to the Motion and the Properties, which are the subject matter of the requested Order. The modifications made by MMAH to the United Counties OP included the redesignation of the Properties from “Agricultural Resource Lands” to “Rural District” in the Land Use Schedule A6 to the United Counties OP. The Appeal filed by the Township of South Glengarry appealed all modifications to Schedule A6, which included these specific modifications for these Properties.

19The evidence before the Tribunal is that the owners of the Properties support the redesignation of their Properties to “Rural District” and they have filed, or intend to file, planning applications for their Properties that rely on this designation and wish to move forward with those applications. For this reason, the owners have requested that the Township of South Glengarry withdraw its appeal as it affects the Properties and seek the relief requested herein.

20Ms. Haley has provided an overview of the relevant provincial and local planning policies, which has considered the analysis undertaken by John O’Neil, the Rural Planner, on behalf of the Ontario Ministry of Agriculture, Food and Rural Affairs. Mr. O’Neil provided his professional opinion, and after considering the soil characteristics of the Properties determined that the soil characteristics of the Properties supported their designation as Rural District rather than Agricultural Resource Lands. Base on this and the existing land use of the Properties and their respective surrounding areas, Ms. Haley has opined that the Properties do not warrant the protection of the lands as agricultural or the designation as Prime Agricultural lands.

21In this respect, with the quality of the soils confirmed, Ms. Haley opines that re-designating the Properties as “Rural District” conforms with the intent of the United Counties OP to protect prime agricultural land and will allow a more diverse range of land uses and the possibility of residential lot creation through subdivision or consent processes, on those lands which are not designated as prime agricultural. For these reasons, in Ms. Haley’s opinion, the Properties would benefit from a land use designation that would allow for a broader range of uses including the possibility of subdivision or severance upon application and public consultation.

22Upon this planning rationale, it is the uncontroverted professional opinion of Ms. Haley that the designation of the Properties as Rural District is appropriate, consistent with the Provincial Policy Statement, specifically policies 1.1.4 and 2.3.1,and reflects the objectives, and conforms with the intent, of the United Counties OP as approved by County Council and MMAH. Ms. Haley concludes that the requested Order constitutes good land use planning.

23The Tribunal accepts Ms. Haley’s unchallenged planning evidence upon the factual evidence also provided in her affidavit. The Tribunal will accordingly grant the Motion and, pursuant to s. 17(39)(b) of the Planning Act, it will confirm the withdrawal of the Appeal by the Township of South Glengarry as it relates to the Properties, allow MMAH’s decision redesignating the Properties as “Rural District” under Land Use Schedule A6 of the United Counties OP to become final, such that the part of the United Counties OP relating to the Properties shall be in force and effect as of the date of the Order of the Tribunal.

FURTHER CMC

24In light of the ongoing without-prejudice settlement discussions and peer review processes that are underway, the mediation for one of the Appellants, and the pending events and processes which will allow for all parties to consider the revised, proposed land use designations and the corresponding maps, the Tribunal will schedule the further CMC. As before, the Tribunal will be provided with a status report, draft agenda, and working drafts of the proposed Procedural Order, Issues Lists and hearing plan framework for the purposes of advancing case management and expediting the efficient and effective adjudication of these Appeals. Counsel are asked to keep the Tribunal apprised of any developments that may occur between now and the CMC. In the event that any Motion is intended to be brought before the Tribunal at the CMC, the Parties are encouraged to serve and file materials as soon as possible in advance of the hearing event.

25There will accordingly be a further CMC conducted as a video hearing event on Tuesday, January 18, 2021, commencing at 10 a.m.

26The Parties 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/396786365

Access Code: 396-786-365

27Parties 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.

28Persons 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: +1 (647) 497-9373 or Toll-Free 1-888-299-1889. The access code is 396-786-365.

29Individuals 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 CMC by video 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.

30There will be no further notice for this further CMC. For continuity, the Panel Member will continue to assist in the ongoing case management of this Case File, to the extent that he is able with the Tribunal’s scheduling calendar.

ORDERS

31The Tribunal Orders, with the consent of those parties identified in this Decision, that the Motion brought by the Township of South Glengarry is granted without prejudice to the rights of any other appellant to advance their respective positions before the Tribunal. Pursuant to s. 17(39)(b) of the Planning Act, the Tribunal orders as follows:

(a) The appeal by the Township of South Glengarry of those portions of Land Use Schedule A6 to the United Counties of Stormont, Dundas and Glengarry 2018 Comprehensive Official Plan that apply to the property legally described as Part of Lot 8, Concession 3 I.L. and the property legally described as Part of Lots 56 & 57, Concession 1 NRR (the "Properties") is withdrawn;

(b) The decision of the Ministry of Municipal Affairs and Housing redesignating the Properties "Rural District" on Land Use Schedule A6 to the United Counties of Stormont, Dundas and Glengarry 2018 Comprehensive Official Plan is final and the designation of the Properties as "Rural District" is in force and effect as of the date of this Order;

(c) The United Counties of Stormont, Dundas and Glengarry shall forthwith update the Interim Land Use Schedule A6 to reflect the designation of the Properties as "Rural District" and post such updated schedule on its official website; and,

(d) The appeal by The Township of South Glengarry of the remaining portions of the United Counties of Stormont, Dundas and Glengarry 2018 Comprehensive Official Plan, including without limitation all other portions of Land Use Schedule A6, is continued.

32With respect to those other matters addressed in this Decision, the Tribunal so orders and provides these CMC directives 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.