Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 24, 2022
CASE NO.: PL180017
PROCEEDING COMMENDED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant(s)/Appellant(s): Medallion Developments (Castlefields) Limited
Subject: Request to amend the Official Plan - Failure of the Town of Ajax to adopt the requested amendment
Property Address/Description: Northeast corner of Rossland Road East and Audley Road North
Municipality: Town of Ajax
Municipal File No.: OPA17-A1
OLT Case No.: PL180017
OLT File No.: PL180017
OLT Case Name: Medallion Developments (Castlefields) Limited v. Ajax (Town)
PROCEEDING COMMENDED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant(s)/Appellant(s): Medallion Developments (Castlefields) Limited
Subject: Application to amend Zoning By-law No. 95-2003 - Refusal or neglect of the Town of Ajax to make a decision
Property Address/Description: Northeast corner of Rossland Road East and Audley Road North
Municipality: Town of Ajax
Municipal File No.: Z1/17
OLT Case No.: PL180017
OLT File No.: PL180017
OLT Case Name: Medallion Developments (Castlefields) Limited v. Ajax (Town)
BEFORE:
R. G. M. MAKUCH VICE CHAIR
Thursday, the 24th day of February, 2022
THESE APPEALS being the subject of three Case Management Conferences (“CMC”);
AND THE TRIBUNAL having been informed at the second CMC that Medallion and the Town of Ajax (the “Town”) have reached a settlement of the Appeals;
AND THE TRIBUNAL having issued a Decision dated December 10, 2022 arising out of the third Case Management Conference which included a Procedural Order and confirmed the scheduling of a Hearing of the appeals herein commencing May 5, 2022;
AND THE TRIBUNAL having confirmed in paragraph 9 of the issued Procedural Order that:
“In the event a Party files a list of witnesses that does not include a witness with the technical expertise to address such Party’s technically related issues, said issues shall be struck from the Issues List set out in Attachment 3 upon written request made to the Tribunal.”
AND THE TRIBUNAL having received the list of witnesses from the Castlefields Residents Association Corporation (“CRAC”) on February 1, 2022 which included only a land use planner and the Fire Chief for the Town;
AND THE TRIBUNAL having received the Appellant’s correspondence dated February 15, 2022 identifying that CRAC failed to include a witness with the technical expertise required address its transportation and traffic related technical issues, and requesting that the Tribunal act in accordance with paragraph 9 of the Procedural Order to strike issues 4(d) (specifically Town Official Plan policy 2.5.2.2(d)(i) as it relates to parking and transpiration matters) and 5 of the CRAC’s issues as contained in Attachment 3 of the Procedural Order;
AND THE TRIBNAL having received written confirmation from the Town of Ajax that it agrees with the Appellant’s request and from the Region of Durham that the latter takes no position on the Appellant’s request;
THE TRIBUNAL ORDERS that issues 4(d) (specifically Town Official Plan policy 2.5.2.2(d)(i) as it relates to parking and transpiration matters) and 5 of CRAC’s issues, as contained in Attachment 3 of the Procedural Order, are hereby struck from the Procedural Order.
“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.