Ontario Land Tribunal
ISSUE DATE: November 18, 2022
CASE NO(S).: OLT-21-001680 OLT-22-003043 (Formerly PL200138)
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant: JN Ventures Limited, 406 Farm Inc., and Brad Zantingh Appellant: Southside Construction Management Limited Subject: Proposed Official Plan Amendment Description: To complete the five-year review of the Official Plan Reference Number: OPA 54 Property Address: Town wide Municipality/UT: Plympton-Wyoming/Lambton OLT Case No.: OLT-21-001680 OLT Lead Case No.: OLT-21-001680 OLT Case Name: JN Ventures Limited, 406 Farm Inc. and Brad Zantingh v. Lambton (County)
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: JN Ventures Limited Subject: Request to amend the Official Plan – Refusal of request by the Town of Plympton-Wyoming Existing Designation: Agricultural Area Proposed Designated: Agricultural Area Purpose: To permit a surplus farm dwelling severance, notwithstanding the prohibition on the creation of new residential lots and the requirement of a minimum lot size of 40 hectares for agricultural uses. Property Address/Description: 3368 London Line Municipality: Town of Plympton-Wyoming OLT Case No.: OLT-22-003043 Legacy Case No.: PL200138 OLT Lead Case No.: OLT-22-003043 Legacy Lead Case No.: PL200138 OLT Case Name: JN Ventures Limited v. Plympton-Wyoming
PROCEEDING COMMENCED UNDER subsection 9(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6, and the Tribunal’s Rules of Practice and Procedure
Request by: Town of Plympton-Wyoming Request for: Motion for Directions
PROCEEDING COMMENCED UNDER subsection 9(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6, and the Tribunal’s Rules of Practice and Procedure
Request by: Town of Plympton-Wyoming Request for: Motion for Discovery
Heard: October 28, 2022 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| JN Ventures Limited, 406 Farm Inc., and Brad Zantingh | Scott Snider, Anna Toumanians |
| Town of Plympton-Wyoming | David Sunday, Carolina Campos |
| County of Lambton | Stephen D’Agostino |
MEMORANDUM OF ORAL DECISION DELIVERED BY C. HARDY ON OCTOBER 28, 2022 AND ORDER OF THE TRIBUNAL
1This is the second Case Management Conference (“CMC”) held relating to Tribunal Case No. OLT-22-003043, which is an appeal under s. 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended (“Act”) from the Town of Plympton-Wyoming’s (“Town”) refusal with respect to an application for an Official Plan Amendment on a site specific basis to permit the severance of a single detached farm dwelling from its associated farm parcel (“OPA 51”). The OPA 51 appeal was filed by JN Ventures Limited (“JNV”) with respect to the lands owned by them known municipally as 3368 London Line, Plympton-Wyoming (“Subject Property”). At the first CMC, Mike Jackson was granted Participant status by the Tribunal.
2This is also the second CMC held relating to Tribunal Case No. OLT-21-001680, which is an appeal under s. 17(36) of the Act from the Town’s adoption of an Official Plan Amendment concluding and implementing its five-year review process (“OPA 54”). As the approval authority, the County of Lambton (“County”) approved OPA 54. The OPA 54 appeal was filed by JNV, 406 Farm Inc. (“406”) and Brad Zantingh (together referred to as “Appellants”).
3Mr. Zantingh is the Director, President and Secretary of JNV. Mr. Zantingh is also the Director of 406. The Subject Property is located in the area affected by OPA 54. The Appellants are all represented by the same counsel.
4The first CMCs for each of OPA 51 and OPA 54 were held separately by Tribunal Panels that were differently constituted. On October 28, 2022, the Tribunal held its second CMC for OLT-22-003043 and OLT-21-001680 at which it received a status update from the Parties on two motions filed in advance of the CMC, reviewed a draft Procedural Order and Issues List and scheduled hearing dates.
Status Update on Motions
Motion To Hear Together
5The Town and the County had jointly filed a Motion to Hear Together returnable at this second CMC, seeking an order of the Tribunal, pursuant to Rule 16.1 of the Tribunal’s Rules of Practice and Procedure (“Rules”) to hear the OPA 51 appeal together with the OPA 54 appeal. JNV consented to the requested relief set out in the Motion.
6Prior to the CMC, the Parties advised the Tribunal that the Motion to Hear Together had been resolved by the Parties and they were requesting an order from the Tribunal to hear the appeals together.
7The Tribunal finds that it will be efficient, expedient and cost-effective to hear the appeals of OLT-21-001680 and OLT-22-003043 together. On the consent of the Parties, the Tribunal will accordingly make the appropriate order pursuant to Rule 16.1 of the Rules to hear the appeals of OLT-21-001680 and OLT-22-003043 together.
Motion For Discovery
8The Town also filed a Motion for Discovery returnable at this second CMC, seeking an order of the Tribunal, pursuant to Rule 9.1 of the Rules directing the Appellant to provide particulars requested by the Town in the correspondence dated December 29, 2020.
9Prior to the CMC, the Town advised the Tribunal that the Motion for Discovery had been resolved between the Town and the Appellant, and that they were requesting an order from the Tribunal directing the Appellant to provide substantive responses to the Town on a without prejudice basis.
10The Tribunal will accordingly make the appropriate order directing the Appellant to provide substantive responses to the questions posed in the December 29, 2020 correspondence of the Town. The Appellant shall provide the responses on or before November 30, 2022. This order is without prejudice to the Appellant’s position that some or all of the requested particulars are irrelevant to the appeals before the Tribunal and relevance will be determined at the hearing of the appeals.
Mediation and Settlement
11The Tribunal raised the issue of opportunities for settlement, including Tribunal-led mediation.
12The Parties advised the Tribunal that the appeals are not appropriate for Tribunal-led mediation. However, the Parties have been working diligently together, and will continue to do so, but were not currently in a position to settle.
Draft Procedural Order and Issues List
13In advance of the CMC, the Parties filed a draft Procedural Order (“PO”) and Issues List with the Tribunal for discussion.
14After hearing from the Parties, the Tribunal directed that paragraph 22 of the draft PO be removed to align with the Tribunal’s updated version of the Sample Procedural Order for Video Hearings.
15The Tribunal had concerns with the lack of specificity in Issues 8 and 10, and directed the Parties to work together to scope the issues.
16Counsel for the County undertook to revise, circulate to the Parties and resubmit the draft PO and Issues List for the Tribunal’s review and approval on or before December 12, 2022.
Scheduling Hearing Dates
17After some discussion at the CMC, the Parties jointly requested that the Tribunal schedule a five-day hearing for the appeals, suggesting that the OPA 54 appeal be heard first, followed by the OPA 51 appeal. The Parties identified witnesses that they propose to call and the time that they estimate each would require. The Tribunal found the length of estimated hearing proposed by the Parties to be appropriate and scheduled a five-day hearing commencing December 11, 2023.
18The Tribunal scheduled a five (5) day video hearing to commence on Monday, December 11, 2023, at 10 a.m.
19Parties 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/656004293
Access code: 656-004-293
20Parties 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
21Persons 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: (Toll-Free) 1-888-299-1889 or +1(647) 497-9373. The access code is as indicated above.
22Individuals 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.
Other Matters
23The Tribunal inquired as to whether there were any other matters to be addressed which may assist in the resolution of the appeals and the Parties indicated that there were none.
ORDER
24The Tribunal orders that the appeals of files OLT-21-001680 and OLT-22-003043 shall be heard together in accordance with Rule 16.1 of the Tribunal’s Rules of Practice and Procedure.
25The Tribunal confirms that Mike Jackson is a Participant in relation to the OLT-22-003043 appeal only.
26The Tribunal orders that on or before November 30, 2022, the Appellant shall provide substantive responses to the questions posed in the December 29, 2020, correspondence of the Town. This order shall be without prejudice to the Appellant’s position that some or all of the requested particulars are irrelevant to the appeals before the Tribunal and relevance will be determined at the hearing of the appeals.
27The Tribunal directs the County of Lambton to submit a revised draft Procedural Order and Issues List for the Tribunal’s review and approval on or before Monday, December 12, 2022.
28The Tribunal orders that a five (5) day video hearing is scheduled to commence on Monday, December 11, 2023, at 10 a.m.
29The Member is not seized, however, will remain available for case management subject to the Tribunal’s calendar.
30No further notice will be given.
“C. Hardy”
C. HARDY 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.