ISSUE DATE:
November 18, 2022
CASE NO(S).:
OLT-22-004222
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
1404649 Ontario Limited
Appellant:
2147925 Ontario Inc.
Appellant:
Glen Williams Estates Inc.
Subject:
Official Plan Amendment No. 44
Municipality:
Region of Halton
OLT Case No.:
OLT-22-004222
OLT Lead Case No.:
OLT-22-004222
OLT Case Name:
1404649 Ontario Limited v. Halton (Reg.)
Heard:
November 8, 2022 by video hearing
APPEARANCES:
Parties
Counsel/Representative*
1404649 Ontario Ltd. Glen Williams Estates Inc.
Herbert Arnold
2147925 Ontario Inc.
Andy Margaritis
Town of Halton Hills
Jeff Wilker and Al Burton
Regional Municipality of Halton
Brittany Maione
The Hamlet of Glen Williams Residents Association Inc. (Glen Williams Community Association)
Joan Griffin*
MEMORANDUM OF ORAL DECISION DELIVERED BY T.F. NG ON NOVEMBER 8, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) for the above noted matter.
21404649 Ontario Ltd., Glen Williams Estates Inc. and 2147925 Ontario Inc. are Appellants which filed appeals in respect of the Town of Halton Hills’ (“Town”) and the Regional Municipality of Halton’s (“Halton Region”) approval and adoption of Official Plan Amendment 44 (“OPA 44”). OPA 44 was an amendment to ensure the Glen Williams Secondary Plan (adopted in 2007) is in conformity with current provincial and regional policy.
3The Affidavit of Service sworn October 13, 2022 was marked as Exhibit 1.
Participant/Party Status Requests
4Participant status was, without objections, granted to Chris Sargent, by the Tribunal in his personal capacity despite his desire to represent a group known as Concerned Citizens of Glen Williams, since it was not incorporated. Mr. Sargent was reminded that a participant is entitled to file a written statement in the proceedings.
5The Tribunal granted Party status to the Hamlet of Glen Williams Residents Association Inc., represented by its president Joan Griffin, with consent of the parties. The non-Appellant party was advised on the “issues sheltering” restriction and the absence of any right to continue an appeal if the appeals are subsequently withdrawn.
Bill 23 – More Homes Built Faster Act
6Jeff Wilker, Counsel for the Town, stated that, in view of Bill 23, which will bring significant changes and affect these appeals, a CMC date is requested, so that parties can take the appropriate action, once Bill 23 has received Royal Assent.
7Counsel for 2147925 Ontario Inc., Andy Margaritis advised the Tribunal that a written request has been made for consolidation of its OPA 44 appeal with the site specific appeal (OLT-22-001937: hearing fixed starting February 21, 2023). He requested that the Tribunal consolidate these appeals at this CMC. The Tribunal declined to do so.
8As acknowledged by counsels, current language in the Bill 23 legislation could affect these proceedings and it is premature to speak of consolidation where there is no motion for consolidation before the Tribunal.
9The Tribunal determined that there should be another CMC in the circumstances.
DISPOSITION
10The Tribunal will schedule a CMC where Parties will update the Tribunal on the status of discussions and the status of or further carriage of the appeals at the CMC in view of the imminent passing of Bill 23.
11The Tribunal reminds the parties that the Tribunal is a creature of statute and will be bound by legislation. TheBill 23, as tabled in the Legislature, on October 25, 2022, provides that any third party appeal that had not already been scheduled for a hearing on the merits by October 25, 2022 shall be deemed to be dismissed once the Bill comes into effect. Despite the continued scheduling of this matter, any future hearing events are therefore subject to change. Parties should not rely on the scheduling of a subsequent hearing event as indicative that such a hearing or an eventual hearing on the merits may occur.
CASE MANAGEMENT
12The Tribunal has scheduled a one day CMC on Thursday, January 19, 2023 at 10 a.m.
13Parties 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/692665589
Access Code: 692-665-589
14Parties 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.
15Persons 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.
16Individuals 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 video hearing 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.
ORDER
17The Tribunal Orders that:
a. Party status is granted to the Hamlet of Glen Williams Residents Association Inc.
b. Participant status is granted to Chris Sargent.
c. a Case Management Conference will commence at 10 a.m. by video hearing on Thursday, January 19, 2023;
18No further notice will be given.
19The 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.