Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 07, 2021
CASE NO(S).: PL190515
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Huntingwood Trails (Collingwood) Ltd.
Subject: Application to amend Zoning By-law No. 2010-040 - Refusal or neglect of Town of Collingwood to make a decision
Existing Zoning: Rural, Environmental Protection
Proposed Zoning: Residential R3, Environmental Protection, Recreational, Commercial
Purpose: To permit a 170 unit subdivision development
Property Address/Description: Part of Lots 47, 48 and 49, Concession 12
Municipality: Town of Collingwood
Municipality File No.: D14211
OLT Case No.: PL190515
OLT File No.: PL190515
OLT Case Name: Huntingwood Trails (Collingwood) Ltd. v. Collingwood (Town)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Huntingwood Trails (Collingwood) Ltd.
Subject: Proposed Plan of Subdivision - Failure of Town of Collingwood to make a decision
Purpose: To permit a 170 unit subdivision development
Property Address/Description: Part of Lots 47, 48 and 49, Concession 12
Municipality: Town of Collingwood
Municipality File No.: D1201111
OLT Case No.: PL190515
OLT File No.: PL190516
Heard: September 27, 2021 by video hearing
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| Huntingwood Trails (Collingwood) Ltd. | Susan Rosenthal Jamie Cole |
| Town of Collingwood | Eric Davis |
| County of Simcoe | Greg Marek* |
| Nottawasaga Valley Conservation Authority | Sarah Hahn |
| Chris Mifflin; Chris Krolow and Paul Neate | Leo Longo |
MEMORANDUM OF ORAL DECISION DELIVERED BY T.F. NG ON SEPTEMBER 27, 2021 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the third Case Management Conference (“CMC”) held as a video hearing for the appeals of Huntingwood Trails (Collingwood) Ltd. (the “Appellant”). The Appellant had applied for a Zoning By-law Amendment and an approval of a plan of subdivision for properties comprising Part of Lots 47, 48 and 49, Concession 12 (the “subject lands”) located in the Town of Collingwood (“Town”). The Town failed to make a decision, which resulted in the appeals under s. 34(11) and s. 51(34) of the Planning Act.
DRAFT ISSUES LIST AND DRAFT PROCEDURAL ORDER
2Counsel for the Appellant informed the Tribunal that her client had withdrawn the appeal with respect to the east side of the subject lands, which also saw a withdrawal of Silver Glen Condo Corporation as a party. The appeal is maintained for the west side. Counsels have furnished a draft Procedural Order with a revised Issues List. The draft Procedural Order will be finalized with the essential timelines inserted upon the fixing of a five-week hearing, which the parties jointly requested. The parties expect to be able to further scope the issues and prepare the Procedural Order within three weeks of this CMC. Parties further requested a final CMC to report on the status of the matter before the scheduled hearing.
3The Tribunal directs that the Procedural Order with the essential timelines filled in and the Issues List together with a list of witnesses be exchanged and forwarded to the Tribunal’s Case Coordinator on or before October 15, 2021.
4This matter will be scheduled for a five-week hearing commencing on Monday, August 8 to Friday, September 9, 2022. The Appellant will have six expert witnesses; the Town will call six expert witnesses; the County of Simcoe may have one expert witness; the Nottawasaga Valley Conservation Authority will call four expert witnesses while the represented individuals will have one expert witness and a lay witness.
5A final CMC for the parties to update the Tribunal on the status of this matter will be fixed on Monday, May 9, 2022. The parties will further scope the issues, endeavour to reduce the number of witnesses and shorten the number of days required from the scheduled dates requested.
HEARING TECHNICAL DETAILS
6This matter will be fixed for a final Case Management Conference on Monday, May 9, 2022 by video hearing at 10 a.m.
7The hearing is scheduled for five weeks commencing on Monday, August 8, 2022 by video hearing at 10.a.m.
8The hearings are scheduled to proceed by video as follows:
Monday, May 9, 2022 at 10 a.m. (one day) GoTo Meeting: https://global.gotomeeting.com/join/721745653 Access code: 721-745-653 Audio-only telephone line: +1 (647) 497-9391 or (Toll-Free) 1(888) 455-1389 Audio-only access code: 721-745-653
Monday, August 8, 2022 at 10 a.m. (five weeks) GoTo Meeting: https://global.gotomeeting.com/join/240889909 Access code: 240-889-909 Audio-only line: +1 (647) 497-9373 or (Toll-Free) 1(888) 299-1889 Audio-only access code: 240-889-909
9Parties 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.
10Parties 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
11Persons 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.
12Individuals 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 hearing 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.
ORDER
13The Tribunal orders as follows:
The Procedural Order and the Issues List together with the list of witnesses shall be delivered to the Tribunal’s Case Coordinator on or before Friday, October 15, 2021.
The Procedural Order with the attached Issues List will additionally govern the proceedings.
A final Case Management Conference is fixed on Monday, May 9, 2022 for the parties to update the Tribunal on the status of the appeals; the scoping and reduction of the issues; the reduction of the number of days scheduled and any matter affecting the appeals (if any).
The hearing is fixed for five weeks commencing on Monday, August 8, 2022 and ending on Friday, September 9, 2022.
14There will be no further notice.
15In the event of any issues arising from the Case Management Conference, the Member may be spoken to.
16The Member is not seized.
“T.F. Ng”
T.F. NG 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 (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.