Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE:

December 20, 2022

CASE NO(S).:

OLT-22-003954

OLT-22-003975

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Applicant/Appellant:

Nucon Property Development Inc.

Subject:

Application to amend the Zoning By-law – Refusal of application

Reference Number:

2020-0001

Property Address:

10795 Highway 9

Municipality/UT:

Caledon/Peel

OLT Case No.:

OLT-22-003954

OLT Lead Case No.:

OLT-22-003954

OLT Case Name:

Nucon Property Development Inc. v Caledon (Town)

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Applicant/Appellant:

2203315 Ontario Corp.

Subject:

Application to amend the Zoning By-law – Refusal of application

Reference Number:

2020-0003

Property Address:

10819 Highway 9

Municipality/UT:

Caledon/Peel

OLT Case No.:

OLT-22-003975

OLT Lead Case No.:

OLT-22-003975

OLT Case Name:

2203315 Ontario Corp. v Caledon (Town)

Heard:

November 15, 2022 by Video Hearing

APPEARANCES:

Parties

Counsel

Nucon Property Development Inc.

Alexandra Whyte

2203315 Ontario Corp.

Alexandra Whyte

Town of Caledon

Raj Kehar

Regional Municipality of Peel

Arti Sanichara

MEMORANDUM OF ORAL DECISION DELIVERED S. BOBKA ON NOVEMBER 15, 2022 AND ORDER OF THE TRIBUNAL

1This was the first Case Management Conference (“CMC”) regarding two Appeals pursuant to s. 34(11) of the Planning Act (“Act”). The first Appeal was by Nucon Property Development Inc. (“Appellant 1”) for the denial of an application for a Temporary Use Zoning By-law Amendment (“ZBA 1”) by the Town of Caledon (“Town”) for the property municipally known as 10795 Highway 9 (“Subject Property 1”). The second Appeal was by 2203315 Ontario Corp. (“Appellant 2”) for the denial of an application for a Temporary Use Zoning By-law Amendment (“ZBA 2”) by the Town for the property municipally known as 10819 Highway 9 (“Subject Property 2”).

2In advance of the CMC, the Tribunal directed that, per Rule 16.3 of the Ontario Land Tribunal Rules of Practice and Procedure, these two Appeals would be heard together.

3ZBA 1 is required to permit the existing business office, contractor’s facility, outdoor open storage, and gasoline pump island for a temporary duration of three (3) years. In order to bring the existing uses of Subject Property 1 into conformity with the Town’s Zoning By-Law No. 2006-50, the application proposes to temporarily re-zone it as follows:

Subject Property 1

From:

To:

Rural - Oak Ridges Moraine (A2-ORM)

Rural - Oak Ridges Moraine -Temporary XX (EPA2-ORM-TXX)

Environmental Policy Area 2 Zone – Oak Ridges Moraine (EPA2-ORM)

Environmental Policy Area 2 Zone – Oak Ridges Moraine -Temporary XX (EPA2-ORM-TXX)

4ZBA 2 is required to renew the discontinued use of a motor vehicle gas bar with an accessory retail store, in addition to adding a restaurant use for a temporary duration of three (3) years. In order to renew the discontinued uses and add a restaurant use to the Subject Property 2, the application proposes to temporarily re-zone it as follows:

Subject Property 2

From:

To:

Rural - Oak Ridges Moraine - Exception 450 (A2-ORM-450)

Rural - Oak Ridges Moraine - Temporary XXX (A2-ORM-TXX)

Rural - Oak Ridges Moraine - Exception 450 - Environmental Policy Area (A2-ORM-450-E)

Rural - Oak Ridges Moraine - Temporary XXX - Environmental Policy Area (A2-ORM-TXX-E)

5The Tribunal confirmed that Notice was given for each proceeding and marked the following:

a. Exhibit 1 – Affidavit of Service for OLT22-003954

b. Exhibit 2 – Affidavit of Service for OLT22-003975.

6The Tribunal was informed by Kathleen Wilson, a neighbouring resident seeking status, that there had been an issue with the notice and that at least five individuals who were on the list to receive notice via email did not receive any such notice. There were several local residents present at the Hearing and at least one resident, Cheryl Connors, stated that she had intended to seek status, but did not receive notice and thereby missed the deadline to submit the status request form. Counsel for the Town expressed concern that there might be others who did not receive notice and who might have sought status.

7The Tribunal determined that out of an abundance of caution, another CMC would be held, with Notice re-issued. After conferring, Counsel for the Appellants and Counsel for the Town suggested that notice be served by email once again to the email list, and also be served by mail to residents within a 500 metre (“m”) radius of the Subject Properties as well as to any other addresses provided to Mr. Kehar by the residents present at the CMC. The Tribunal agrees that this is appropriate and reasonable.

REQUESTS FOR STATUS

8Prior to the Hearing, the Tribunal received four requests for Party status for both proceedings from: the Regional Municipality of Peel (“Region”), Kathleen Wilson, Michael Del Bianco and Udeyveer Kabuli. Aside from the Region, the other requestors appeared without counsel and the Tribunal provided a fulsome explanation of the difference between Party status and Participant status.

9Upon consideration, the Tribunal determined that the Region had a direct interest and would assist with the determination of these Appeals, and as such, granted Party status for both Appeals.

10The other three requestors then each asked to seek Participant status instead of Party status. After a review of their requests, the Tribunal granted Participant status to Ms. Wilson, Mr. Del Bianco and Mr. Kabuli with no objection from the Parties.

11The Tribunal also heard Ms. Connors’ request for Participant status. With no objection from the Parties, the Tribunal granted Ms. Connors’ request as well.

12Any additional status requests will be dealt with at the next CMC.

MEDIATION AND SETTLEMENT

13The Tribunal inquired as to any opportunities for settlement, including the use of Tribunal-led mediation. Counsel for the Parties indicated that as it was still quite early in the process, they had not yet received instructions regarding settlement discussions from their respective clients. The Parties were advised to contact the Case Coordinator should they wish to request Tribunal-led mediation.

SECOND CMC

14The Parties jointly requested a second CMC and the Tribunal scheduled a second CMC which will commence at 10 a.m. on Friday, February 10, 2023 by Video Hearing.

15Parties 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/979388733

Access code: 979-388-733

16Parties and Participants are asked to access and set up the application well in advance of the events to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available at: https://app.gotomeeting.com/home.html

17Persons 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 at +1 (647) 497-9373 or (Toll Free) +1 888 299 1889. Access Cide is 979-388-733.

18Individuals 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.

19The Tribunal directed that proper Notice of the second CMC is to be issued as detailed in paragraph [7]. The Case Coordinator will issue a second Direction Letter to the Appellants.

PROCEDURAL ORDER/ISSUES LIST

20A draft Procedural Order (“PO”) including Issues List (“IL”) was submitted by the Appellants and the Town prior to this CMC; however, the addition of the Region as a Party will necessitate revisions, as would the addition of any additional Parties at the second CMC. The Parties agreed that a revised draft PO and IL would be completed in advance of the second CMC and would be further revised should any additional Parties be added. The Tribunal directs the Parties to complete and submit the draft PO and IL to the Case Coordinator on or before Friday, February 3, 2023.

ORDER

21THE TRIBUNAL ORDERS that:

a) The Regional Municipality of Peel is added as a Party in both Appeals;

b) Kathleen Wilson, Michael Del Bianco, Udeyveer Kabuli and Cheryl Connors are added as Participants in both Appeals;

c) A second CMC will begin at 10 a.m. on Friday, February 10, 2023 by Video Hearing;

d) Notice for the second CMC will be issued as outlined in paragraph [7] and the Case Coordinator will issue a second Direction Letter to the Appellants.

e) The Parties will submit a draft Procedural Order including Issues List for the Tribunal’s review on or before Friday, February 3, 2023.

22The Member is not seized.

“S. Bobka”

S. BOBKA

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.