Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: December 13, 2022

CASE NOS.: OLT-22-003043 (formerly PL200138), OLT-21-001680

PROCEEDING COMMENCED UNDER section 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Appellant: JN Ventures Limited Subject: Request to amend the Official Plan - Refusal of request by Town of Plympton-Wyoming Description: 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 Reference Number: OPA 51 Property Address: 3368 London Line Municipality/UT: Plympton-Wyoming/Lambton 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: JV Ventures Inc. v. Plympton-Wyoming (Township)

PROCEEDING COMMENCED UNDER section 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)

BEFORE: C. HARDY MEMBER Tuesday, the 13th day of December, 2022

THE TRIBUNAL ORDERS that the Procedural Order set out as Attachment "A" to this Order shall be in full force and effect for the purposes of governing the required procedure leading up to and including the hearing scheduled to commence on December 11, 2023.

"Euken Lui" EUKEN LUI ACTING REGISTRAR

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.

ATTACHMENT "A"

ISSUE DATE: OLT Case No. OLT-22-003043 OLT Case No. OLT-21-001680

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Applicant(s)/Appellant(s): JN Ventures Limited Subject: Request to Amend the Official Plan – Refusal of request by the Town of Plympton-Wyoming Property Address/Description: 3368 London Line Municipality: Town of Plympton-Wyoming Approval Authority File No: OPA 51 OLT Case No.: OLT-22-003043 OLT File No.: OLT-22-003043 OLT Case Name: JN Ventures Limited v. Plympton-Wyoming (Town)

PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Applicant(s)/Appellant(s): JN Ventures Limited, 406 Farm Inc. and Brad Zantingh Southside Construction Management Limited Subject: To complete the five-year review of the Official Plan Property Address/Description: Town Wide Municipality: Town of Plympton-Wyoming Approval Authority File No: OPA 54 OLT Case No.: OLT-21-001680 OLT File No.: OLT-21-001680 OLT Case Name: JN Ventures Limited, 406 Farm Inc. and Brad Zantingh v. Lambton (County)

Procedural Order

1. The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties' request or its own motion.

Organization of the Hearing

2. The video hearing will begin on Monday December 11, 2023 at 10:00 a.m. at https://global.gotomeeting.com/join/656004293 Access code: 656-004-293

Parties 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

Persons 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.

3. The parties' initial estimation for the length of the hearing is (5) five days. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.

4. The parties and participants identified at the case management conference are set out in Attachment 1 (see the sample procedural order for the meaning of these terms).

5. The issues are set out in the Issues List attached as Attachment 2. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.

6. The order of evidence shall be as set out in Attachment 3 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties' consent, subject to the Tribunal's approval, or by Order of the Tribunal.

7. Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative's name, address, email address and the phone number as soon as possible.

8. Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal's Video Hearing Guide, available on the Tribunal's website.

Requirements Before the Hearing

9. A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of the witnesses and the order in which they will be called. This list must be delivered on or before September 8, 2023 and in accordance with paragraph 22 below. A party who intends to call an expert witness must include a copy of the witness' Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.

10. Expert witnesses in the same field shall have a meeting on or before September 15, 2023 and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts' meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before September 22, 2023.

11. An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 13 below. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert's testimony.

12. Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert's evidence as in paragraph 13 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness' evidence, as in paragraph 13 below.

13. On or before October 6, 2023, the parties shall provide copies of their [witness and] expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 22 below.

14. On or before October 6, 2023, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 22 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

15. On or before November 6, 2023 the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

16. On or before November 12, 2023, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 22 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

17. On or before November 6, 2023, the parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence in accordance with paragraph 22 below.

18. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before November 27, 2023.

19. A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal's Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.

20. A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.

The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before November 27, 2023 with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.

21. All filings shall be submitted electronically and in hard copy. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7.

22. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal's Rule 17 applies to such requests.

This Member is [not] seized.

So orders the Tribunal.

BEFORE: Name of Member: Date: ____________________________ TRIBUNAL REGISTRAR

ATTACHMENT 1

PARTIES

Appellent/Party	Counsel	Contact Email
County of Lambton	Stephen D'Agostino	sdagostino@thomsonrogers.com
Town of Plympton-Wyoming	David Sunday Carolina Campos	David.Sunday@gowlingwlg.com Carolina.campos@gowlingwlg.com
JN Ventures Limited, 406 Farm Inc., and Brad Zantingh	Scott Snider Anna Toumanians	ssnider@tmalaw.ca atoumanians@tmalaw.ca

ATTACHMENT 2

ISSUES LIST

OPA 54 - JN Ventures Limited

1. Are the requirements for the severance of a surplus farm dwelling in policy 2.11 e) appropriate and represent good planning?
2. Does policy 4.1.1.19.1 provide an appropriate development standard for the urban areas of the Town? Does this represent good planning?
3. Is requiring the consideration of "demographics and projected demographics" for the designation, zoning or subdivision of lands in policy 4.1.1.34 appropriate? Does planning for people rather than land use represent good planning?
4. Does policy 15.1 allow for an appropriate balancing of public policy issues? Does this represent good planning?
5. Are the proposed building design policies and principles in 16.3.5 and 16.3.11 appropriate, particularly where they may contradict provincial directions to support compact built form and the accommodation of market-based needs for housing? Does regulating design through the official plan represent good planning?
6. Is the requirement in policy 16.5.3.24 that all site plans be consistent with CIP's branding action plan and community design standards appropriate and represent good planning?
7. Does the Settlement Area Boundary on Part 10 of Schedule A conform to the County's Official Plan? Does it appropriately reflect the settlement boundary for Wyoming North?
8. For all of the above issues, are the subject policies of OPA 54 consistent with the Provincial Policy Statement 2020, including but not limited to: i. 1.0; ii. 1.1.1 a), b), c) e); iii. 1.1.4.1 d), f), i); iv. 1.1.3.2 a) and b); v. 1.1.3.4; vi. 1.1.3.5; vii. 1.1.5.7; viii. 1.2.4 a), b), c); ix. 1.3.4; x. 1.4.1. d); xi. 1.4.3 b), f); xii. 1.6.6.1; xiii. 1.7; xiv. 1.7.1 b); xv. 2.3.4; and xvi. 4.6?
9. For all of the above issues, do the subject policies of OPA 54 conform with the County of Lambton Official Plan, including but not limited to: i. Chapter 3-2; ii. Section 3.1.4; iii. 3.3.1 a); and iv. Section 10.2 a) b) c) d)?

OPA 51 - JN Ventures Limited

10. Is it appropriate to amend the Official Plan to permit the severance of a surplus farm dwelling on the Subject Lands?
11. For all of the above issues, is the proposed official plan amendment consistent with the Provincial Policy Statement 2020, including but not limited to: i. 1.1.4.1 d), f), i); ii. 1.1.5.7 iii. Part III; iv. 1.4.1 d); and v. 2.3.4?
12. For all of the above issues, does the proposed official plan amendment conform with the County of Lambton Official Plan, including but not limited to: i. Policy 1.1; ii. Policy 4.1; iii. Policy 4.2; and iv. Map 1 – Growth Strategy.

OPA 51 - TOWN OF PLYMPTON-WYOMING - ISSUES LIST

10. If the Council adopted changes to section 2.11 e) of the Town's Official Plan (OPA No. 54), but appealed by the Appellant, come into force and effect, is OPA No. 51 moot?
11. If the Council adopted changes to section 2.11 e) of the Town's Official Plan (OPA No. 54) do not come into force and effect, what regard, if any, should be had to Council's prior adoption of OPA No. 54?
12. If the Council adopted changes to section 2.11 e) of the Town's Official Plan (OPA No. 54) do not come into force and effect, what regard should be had to Council's prior adoption of OPA No. 15 and Town Council's policy decision to prohibit the creation of new residential lots in the Agricultural Area and Restricted Agricultural Area designations?
13. Is OPA No. 51 premature and/or moot in the absence of companion applications to authorize the severance and rezoning of the proposed severed and remnant lands?
14. Is OPA No. 51 consistent with Provincial Policy Statement 2020, including but not limited to: • Policies 1.1.4.1 d); 1.1.5.2 c); 2.3 (including 2.3.1, 2.3.3.2, 2.3.4.1 a), c); 2.3.4.3; 2.3.6.1 b)2)?
15. (a) Is the existing dwelling located on the subject property a "habitable farm residence"? (b) If so, has the residence been "rendered surplus as a result of farm consolidation (the acquisition of additional farm parcels to be operated as one farm operation)"?
16. Is OPA No. 51 in conformity with the Lambton County Official Plan, including but not limited to: • Policies 1.1, 4.1.6, 4.2.1, 4.2.3, and Map 1 - Growth Strategy?
17. Is OPA No. 51 in keeping with the Town's Official Plan, including but not limited to: • Policies 2 (Agricultural Area Policies) and 19.1.2 (Official Plan Amendments)?
18. Do the proposed severed and retained lots adequately address the provision of vehicle access?
19. Do the proposed severed and retained lots consider and address the existing municipal drain located on the subject property?
20. Does the proposed exception to the Town's Official Plan policies by OPA No. 51 represent good planning and is the exception in the public interest?

ATTACHMENT 3

ORDER OF EVIDENCE

OPA 54

1. JN Ventures Limited, 406 Farm Inc. and Brad Zantingh
2. County of Lambton (Response)
3. JN Ventures Limited, 406 Farm Inc. and Brad Zantingh (Reply)

OPA 51

1. JN Ventures Limited
2. Town of Plympton-Wyoming (Response)
3. JN Ventures Limited (Reply)

SUMMARY OF IMPORTANT DATES

DATE	EVENT
September 8, 2023	Exchange and filing of witness lists (including names, disciplines, CVs and order to be called)
September 15, 2023	Experts meeting prior to this date
September 22, 2023	File Agreed Statement of Facts
October 6, 2023	Exchange and filing of Witness Statements, Expert Reports and Participant Statements.
November 6, 2023	Advise Tribunal if all the reserved hearing dates are still required
November 6, 2023	Exchange and filing of Reply Witness Statements
November 12, 2023	Exchange of visual evidence
November 27, 2023	File Joint Document Book and Preliminary Hearing Plan
December 4, 2023	Advise of witnesses not giving oral evidence
December 11, 2023	OLT Hearing

Meaning of terms used in the Procedural Order:

A party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other parties, and making submissions on all of the evidence. An unincorporated group cannot be a party and it must appoint one person to speak for it, and that person must accept the other responsibilities of a party as set out in the Order. Parties do not have to be represented by a lawyer and may have an agent speak for them. The agent must have written authorisation from the party.

NOTE that a person who wishes to become a party before or at the hearing, and who did not request this at the case management conference (CMC), must ask the Tribunal to permit this.

A participant is an individual or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a party may do so). Section 17 of the Ontario Land Tribunal Act states that a person who is not a party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A participant may also be asked questions by the parties should the Tribunal direct a participant to attend a hearing to answer questions on the content of their written submission.

A participant must be identified and be accorded participant status by the Tribunal at the CMC. A participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A participant cannot ask for costs, or review of a decision, as a participant does not have the rights of a party to make such requests of the Tribunal.

Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party or participant intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.

Visual evidence includes photographs, maps, videos, models, and overlays which a party or participant intends to present as evidence at the hearing.

A witness statement is a short written outline of the person's background, experience and interest in the matter; a list of the issues which he or she will discuss; and a list of reports or materials that the witness will rely on at the hearing.

An expert witness statement should include his or her (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness' opinions on those issues and the complete reasons supporting their opinions and conclusions and (5) a list of reports or materials that the witness will rely on at the hearing. An expert witness statement must be accompanied by an acknowledgement of expert's duty.

A participant statement is a short written outline of the person's or group's background, experience and interest in the matter; a statement of the participant's position on the appeal; a list of the issues which the participant wishes to address and the submissions of the participant on those issues; and a list of reports or materials, if any, which the participant wishes to refer to in their statement.

Additional Information

A summons may compel the appearance of a person before the Tribunal who has not agreed to appear as a witness. A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons through a request. (See Rule 13 on the summons procedure.) The request should indicate how the witness' evidence is relevant to the hearing. If the Tribunal is not satisfied from the information provided in the request that the evidence is relevant, necessary or admissible, the party requesting the summons may provide a further request with more detail or bring a motion in accordance with the Rules.

The order of examination of witnesses is usually direct examination, cross-examination and re-examination in the following way:

• direct examination by the party presenting the witness;
• direct examination by any party of similar interest, in the manner determined by the Tribunal;
• cross-examination by parties of opposite interest;
• re-examination by the party presenting the witness; or
• another order of examination mutually agreed among the parties or directed by the Tribunal.