Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 23, 2022
CASE NO(S).: OLT-21-001177
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Subject: Site Plan
Referred by: 2007916 Ontario Inc.
Property Address/Description: 33 Perdue Court
Municipality: Town of Caledon
Municipal File No.: SPA 2015-0058
OLT Lead Case No.: OLT-21-001177
OLT Case No.: OLT-21-001177
OLT Case Name: 2007916 Ontario Inc. v. Caledon (Town)
Heard: March 15, 2022 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Town of Caledon | D. Germain |
| 2007916 Ontario Inc. | R. Cheeseman S. Fleming |
MEMORANDUM OF ORAL DECISION DELIVERED BY G. BURTON ON MARCH 15, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Ontario Land Tribunal (“Tribunal”) conducted a Case Management Conference (“CMC”) by Video Conference for this matter on March 15, 2022.
2The owner of land at 33 Perdue Court in the Town of Caledon appealed under s. 41(12) of the Planning Act (“Act”) from the Town’s failure to make a decision on its application for approval of a Site Plan. This would permit truck parking on part of the lands. The application had been submitted originally in October 2020, and the Town had submitted some comments. Since this was filed some time ago, the Town requires an updated Site Plan, with details such as setbacks, etc., and there is a special need for submissions on Urban Design issues.
3The Parties provided to the Tribunal an Issues List, which David Germain stated were too general for purposes of the Hearing. These will be revised following the resubmissions as described below, and supplied for the file. The Tribunal approved of the filing dates submitted by the Parties for these revisions.
Decision and Order
4The Appellant will file a revised Site Plan on April 14, 2022. Comments by the Town will be provided by Friday, May 20, 2022. The Tribunal requests a revised Issues List by Thursday, June 30, 2022.
5The Hearing of the Appeal will be held on Wednesday, September 7, 2022 to Friday, September 9, 2022, as below. Each Party plans to call two witnesses as of now. The date for exchange of Witness Statements will be determined by the Parties, without the need for a Procedural Order to govern the Hearing.
6Parties 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:
https://global.gotomeeting.com/join/709076365
Access code: 709-076-365
7Parties 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
8Persons 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: +1 (647) 497-9373 or Toll Free 1-888-299-1889. The access code is 709-076-365.
9Individuals 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.
10This Panel is not seized, but may be spoken to if difficulties arise.
“G. Burton”
G. BURTON
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.