Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 14, 2022
CASE NO(S).: OLT-22-004307
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: Marsville Estates Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of a 59-unit residential subdivision
Reference Number: Z5-20
Property Address: 63076 County Road 3
Municipality/UT: East Garafraxa/Dufferin
OLT Case No.: OLT-22-004307
OLT Lead Case No.: OLT-22-004307
OLT Case Name: Marsville Estates Inc. v. East Garafraxa (Township)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: Marsville Estates Inc.
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit the development of a 59-unit residential subdivision
Reference Number: S1-20
Property Address: 63076 County Road 3
Municipality/UT: East Garafraxa/Dufferin
OLT Case No.: OLT-22-004308
OLT Lead Case No.: OLT-22-004307
Heard: November 28, 2022 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Marsville Estates Inc. | Andrew Jeanrie |
| Township of East Garafraxa | Jeffrey Wilker |
MEMORANDUM OF ORAL DECISION DELIVERED BY BITA M. RAJAEE ON NOVEMBER 28, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) before the Ontario Land Tribunal, with respect to appeals under subsections 34(11) and 51(34) of the Planning Act, by Marsville Estates Inc. (“Appellant / Applicant”) from the failure of the Township of East Garafraxa (“Township”) to make a decision within the statutory timeframes on applications for a Zoning By-Law Amendment and a Plan of Subdivision Application (“Applications”) with respect to lands municipally known as 63076 County Road 3, in the Township (“Subject Property”).
2The purpose of the Applications is to facilitate a proposal by the Appellant / Applicant to permit a 59-unit residential subdivision.
3The Applications originally contemplated the development of an 80-unit residential subdivision and would have redesignated part of the Subject Property from employment uses (“Employment Lands”) to residential. An Official Plan Amendment application was submitted, which is now on hold pending Dufferin County's Municipal Comprehensive Review (“MCR”) Lands Need Assessment, which would impact redesignation. That portion of the Subject Property, namely the Employment Lands, is now to be included in phase 2 of a phased approach to development (“Phase 2 Plan”). The Applications were amended in February 2021, where the number of units was reduced to 78, and then again, in May 2022, to its current form.
4The Tribunal canvassed Counsel who confirmed that there was no issue with service of Notice of the CMC, as such, no further notice is required. The Tribunal is in receipt of the Affidavit of Service of Robert Wayne Gordon Blunt sworn November 8, 2022, which was marked as Exhibit 1.
PARTY/PARTICIPANT STATUS REQUESTS
5In response to the Notice, the Tribunal received no requests for status (Party or Participant). Accordingly, the appeal will proceed with the involvement and participation of the Parties identified above.
6Of note, Dufferin County may seek status on this matter in the future, but, at this time, it was not clear whether that would be the case.
DRAFT PROCEDURAL ORDER AND ISSUES LIST
7The Parties did not produce a draft Procedural Order (“PO”) and Issues List (“IL”), and advised that they were still in the process of finalizing the issues. The Township indicated that further instructions from Township Council was required before the IL could be finalized.
8The Tribunal directed that the Parties submit a draft PO and IL for the Tribunal’s review and approval by Wednesday, February 1, 2023.
9If the Parties are unable to provide an agreed-upon IL, any unresolved issues can be addressed at the second CMC discussed below or, in the alternative, by way of a telephone conference call to be requested from the Tribunal’s Case Coordinator with this Member presiding.
MEDIATION AND SETTLEMENT
10The Tribunal raised the issue of opportunities for settlement discussions, including the use of Tribunal-assisted mediation. The Parties advised that they intended to discuss settlement amongst themselves. The Appellant / Applicant indicated the desire to do so, and the Township stated that this would be taken into consideration. The Parties further advised that they remain open to the possibility of a settlement at some point in the future and are aware of the availability of mediation.
11The Parties are directed to advise the Tribunal in writing should they reach a settlement with respect to some or all of the issues prior to the hearing and, should they wish to pursue Tribunal-assisted mediation, they may make a written request to the Tribunal through the Case Coordinator for those services.
SECOND CMC
12The Tribunal was asked to schedule a three (3) week hearing, but advised that, without an IL, it would be premature to do so. Once the IL is submitted and reviewed, the Tribunal may consider scheduling a hearing.
13Additionally, a further CMC was scheduled to take place on Friday, May 26, 2023, at 10 a.m. to address any additional procedural matters, such as motions, that are required to be addressed. The Parties are to update the Tribunal regarding the Phase 2 Plan and Dufferin County’s position on the Employment Lands and the MCR. The Parties are to take utmost care to avoid duplication of issues or duplicate hearings arising out of these Applications and the Phase 2 Plan.
14For Friday, May 26, 2023, Parties 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:
GoTo Meeting: https://global.gotomeeting.com/join/709076365
Access code: 709-076-365
15Parties 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.
16Persons 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 709-076-365.
17Individuals 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
18The Tribunal inquired as to whether there were any other matters to be addressed, which might assist in the fair, just and expeditious resolution of this matter. The Parties indicated there were none.
ORDER
19The Tribunal Orders as follows:
a. The Parties shall submit a draft Procedural Order and Issues List for the Tribunal’s review and approval by Wednesday, February 1, 2023; and,
b. A second CMC is scheduled to take place on Friday, May 26, 2023, at 10 a.m.
20There will be no further notice of the second CMC.
21The Member is not seized, but may be contacted through the Case Coordinator should procedural issues arise.
“Bita M. Rajaee”
BITA M. RAJAEE 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.