Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: December 21, 2022

CASE NO.: OLT-22-002286 (formerly PL170100)

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

Appellant: 1390226 Ontario Inc.

Appellant: 1610341 Ontario Inc.

Appellant: 1705823 Ontario Ltd. (c/o York Developments)

Appellant: 1739626 Ontario Ltd. (c/o York Developments); and others

Subject: The London Plan

Municipality: City of London

OLT Case No.: OLT-22-002286

Legacy Case No.: PL170100

OLT Lead Case No.: OLT-22-002286

Legacy Lead Case No.: PL170100

OLT Case Name: Lansink v. London (City)

BEFORE:

G.C.P. BISHOP ALTERNATE CHAIR Wednesday, the 12th 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 July 5th, 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”

OLT Case No: OLT-22-002286

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

Appellant: London Dairy

Subject: The London Plan, 3700 Old Victoria Road, 2034, 2471 & 2338 Wilton Grove Road and 2017 Bradley Avenue

Municipality/UT: City of London

OLT Case No: OLT-22-002286

Legacy Case No.: PL170100

OLT Lead Case No: OLT-22-002286

OLT Case Name: Lansink v. London (City.)

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 July 5th, 2023 at 10:00 a.m. at https://global.gotomeeting.com/join/687587165 Access Code: 687-587-165

3. The parties’ initial estimation for the length of the hearing is 3 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.

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 April 3rd, 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 April 28th, 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 May 15th, 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 May 22nd, 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 May 22nd 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 May 30th, 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.

16. Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence within fourteen (14) days after the evidence is received and in accordance with paragraph 22 below.

17. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before June 23rd, 2023.

18. 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.

19. 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.

20. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before June 27th, 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

List of Appellants/Parties/Participants

1. London Dairy Farms Ltd. Siskinds LLP 275 Dundas Street, Unit 1 London, ON N6B 3L1 Paula Lombardi 519.660.7878 paula.lombardi@siskinds.com

2. City of London City of London 1014-300 Dufferin Ave PO Box 5035 Stn B London, ON N6A 4L9 Aynsley Anderson 519.639-7408 aanderso@london.ca

ATTACHMENT 2

Issues List

Notes: The identification of an issue does not mean that all parties agree to such issue, or the manner in which the issue is phrased, is appropriate or is relevant to the determination of the Tribunal at the hearing. The extent to which the issues are appropriate, within the jurisdiction of the OLT, or relevant to the determination of the hearing will be a matter of evidence and argument at the hearing.

The following issues apply to the London Dairy properties municipality identified as 3700 Old Victoria Road, 2034 Wilton Grove Road, 2471 Wilton Grove Road, 2338 Wilton Grove Road and 2017 Bradley Avenue (collectively referred to as “Subject Lands”).

Planning Act

1. Does the proposed Non-Agricultural designation as applied to the Subject Lands have sufficient regard for matters of provincial interest set out in section 2 of the Planning Act specifically section 2(b)?

Provincial Policy Statement

2. Is the proposed Non-Agricultural designation of the Subject Lands consistent with policies 2.1.9, 2.3.1, 2.3.3.1, and 2.3.3.2?

3. Are the London Plan policies 1184 and 1185 and Maps 1 and 5 as they apply to the Subject Lands consistent with policy 2.3 and 2.1.9?

4. Do agricultural uses on the Subject Lands have priority over the natural heritage policies as set out in policy 2.1.9?

5. Is the restriction of Normal Farm Practices to the Farmland Place Type only appropriate and consistent with the provisions of the Farming and Food Production and Protection Act?

6. Is it appropriate to identify Potential Naturalization Areas and Adjacent Lands in the Green Space Place Type? Is it appropriate to include Potential Naturalization Areas on Map 5? Is this approach consistent with the PPS, including the policies of Section 2.1?

City of London Official Plan

7. Are the proposed non-agricultural designations on Maps 1 and 5 as it applies to the Subject Lands appropriate or should these lands be appropriately included in a Farmland designation?

8. Do the feature-based natural heritage system policies appropriately benefit the natural heritage function expected in an agricultural area taking into consideration competing land use interests (i.e. active agricultural uses)?

9. Is the corridor linkage set out in Map 5 appropriately applied to the Subject Lands?

10. Is the wetland designation applied to all wetlands regardless of size and significance appropriately applied to the Subject Lands?

11. Are the following policies appropriate for the Subject Lands or do they restrict agricultural practices – Place Type Policies 1220 and1221; Environmental Policies 1320, and 1330 to 1336?

ATTACHMENT 3: Order of Evidence

1. City of London (factual overview only)
2. London Dairy
3. City of London
4. London Dairy Reply

SUMMARY OF DATES

DATE	EVENT
April 3, 2022	Exchange of witness lists (names, disciplines and order to be called)
April 28, 2023	Experts meeting prior to this date
May 15, 2023	Agreed Statement of Facts
May 22, 2023	Exchange of Witness Statements, summoned witness outlines, Expert Reports and Participant Statements
May 29, 2023	Exchange of Reply Witness Statements (if any)
May 30, 2023	Exchange of Visual Evidence (if any)
June 27, 2023	Final Hearing Plan filed with the Tribunal
June 23, 2023	Finalize Joint Document Book
July 5, 2023	Hearing commences