Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 08, 2022
CASE NO(S).: OLT-21-001028
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: RIC (Midland Land) Inc.
Subject: Application to amend Zoning By-law No. 2004-90 - Refusal or neglect of Town of Midland to make a decision
Existing Zoning: Residential Apartment and Residential Townhouse Holding (RA & RT-H) Zone
Proposed Zoning: Site specific Residential Apartment and Residential Townhouse zones
Purpose: To facilitate the development of a residential subdivision
Property Address/Description: 650 Vindin Street
Municipality: Town of Midland
Municipality File No.: ZBA-04-20
OLT Case No.: OLT-21-001028
OLT Lead Case No.: OLT-21-001028
OLT Case Name: RIC (Midland Land) Inc. v. Midland (Town)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: RIC (Midland Land) Inc.
Subject: Proposed Plan of Subdivision - Failure of Town of Midland to make a decision
Purpose: To facilitate the development of a residential subdivision
Property Address/Description: 650 Vindin Street
Municipality: Town of Midland
Municipality File No.: MD-T-0120
OLT Case No.: OLT-21-001029
OLT Lead Case No.: OLT-21-001028
Heard: October 19, 2022 by video hearing
APPEARANCES:
Parties
Counsel
Town of Midland
A. Whyte Q. Annibale (In Absentia)
RIC (Midland Land) Inc.
R. Miller G. O’Brien S. Rosenthal (In Absentia)
ADM Agri-Industries Company
C. Lantz A. Elliott (In Absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY STEVEN COOKE ON OCTOBER 19, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The matter before the Tribunal was the third Case Management Conference (“CMC”) for the failure of the Town of Midland to make a decision under s. 34(11) and s. 51(34) of the Planning Act, within the statutory timeframe.
2The Tribunal was given a status update by the Parties and informed that discussions have been ongoing and productive. The Parties requested a further CMC date to continue their discussion, consider seeking mediation including the potential of Tribunal-led mediation, with the objective to scope the Issues List or bring forward a potential settlement to the next CMC.
3A fourth CMC has been scheduled for Tuesday, January 31, 2023 at 2 p.m.
4Parties 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:
https://global.gotomeeting.com/join/765631861
Access code: 765-631-861
5Parties 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
6Persons 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) 497-9391 or Toll Free 1-888-455-1389. The access code is 765-631-861.
7Individuals 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 event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
8No further notice is required.
9So Orders the Tribunal.
“Steven Cooke”
STEVEN COOKE
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.```