Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: May 12, 2022

CASE NO(S).: OLT-22-001925

PROCEEDING COMMENCED UNDER section 11(5) of the Aggregate Resources Act, R.S.O. 1990, c. A.10.

Applicant: Cornwall Gravel Co. Ltd. Objector: Diane and Gilles Theoret Objector: Guy Tessier Objector: Marc Fortier Objector: Raisin Region Conservation Authority (RRCA), and others Subject: Application for a Class A licence for the removal of aggregate Description: to permit class A license for a 37.8 hectare quarry Reference Number: 626262 Property Address: Part Lot 6, Concession 4 Municipality/UT: Cornwall/Stormont, Dundas and Glengarry OLT Case No: OLT-22-001925 OLT Lead Case No: OLT-22-001925 OLT Case Name: Fortier v. Ontario (NDMNRF)

PROCEEDING COMMENCED UNDER section 11(5) of the Aggregate Resources Act, R.S.O. 1990, c. A.10.

Applicant: Cornwall Gravel Co. Ltd. Objector: Ministry of Northern Development, Mines, Natural Resources and Forestry Objector: Township of South Stormont Objector: Murray and Nicole Hope Objector: Guy Tessier Subject: Application for a Class A licence for the removal of aggregate Description: to permit class A license for a 40.5 hectare quarry Reference Number: 626263 Property Address: Part Lot 2, Concession 4 Municipality/UT: Cornwall/Stormont, Dundas and Glengarry OLT Case No: OLT-22-001926 OLT Lead Case No: OLT-22-001925

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

Appellant: Cornwall Gravel Company Limited Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: to permit a Category 2 quarry pit Reference Number: OPA 33 Property Address: Part of East Lot 6 Conc. 4 Part of Lot 2 Conc. 4 Municipality/UT: South Stormont/Stormont, Dundas and Glengarry OLT Case No: OLT-22-003332 Legacy Case No: PL180176 OLT Lead Case No: OLT-22-003332 Legacy Lead Case No: PL180176 OLT Case Name: Cornwall Gravel Company Ltd. v. South Stormont (Twp.)

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

Subject: Application to amend the Zoning By-law – Refusal of application Description: to permit a Category 2 quarry pit Reference Number: Z-2017-10 Property Address: Part of East Lot 6 Conc. 4 Part of Lot 2 Conc. 4 Municipality/UT: South Stormont/Stormont, Dundas and Glengarry OLT Case No: OLT-22-003333 Legacy Case No: PL180230 OLT Lead Case No: OLT-22-003332 Legacy Lead Case No: PL180176

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

Appellant: 1354083 Ontario Inc. Appellant: Andrew Abel Appellant: Bernard MacCulloch Appellant: C. G. Garlough Appellant: and Others Subject: Proposed Official Plan Amendment Description: Stormont, Dundas and Glengarry United Counties New Comprehensive Official Plan Reference Number: 61-OP-147572 Property Address: All Properties within Stormont, Dundas and Glengarry United Counties Municipality/UT: South Glengarry/Stormont, Dundas and Glengarry OLT Case No: OLT-21-001858 Legacy Case No: PL180202 OLT Lead Case No: OLT-21-001858 Legacy Lead Case No: PL180202 OLT Case Name: Stormont, Dundas and Glengarry (County) v. Ontario (Ministry of Municipal Affairs and Housing)

Heard: May 2, 2022 by video hearing

APPEARANCES:

Parties	Counsel
Cornwall Gravel Co. Ltd.	Patrick Simon
Township of South Stormont	Joshua Moon Trenton McBain
Ministry of Northern Development, Mines, Natural Resources and Forestry	Zachary D’Onofrio
Raisin Region Conservation Authority	Warren Leroy

MEMORANDUM OF ORAL DECISION DELIVERED BY T. PREVEDEL ON MAY 2, 2022 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This is the first Case Management Conference (“CMC”) with respect to an appeal by Cornwall Gravel Co. Ltd. (the “Appellant”) pursuant to subsection 11(5) of the Aggregate Resources Act.

2There are currently several other related active appeals at the Tribunal:

3OLT-21-001858 (formerly PL180202) is an appeal under subsection 17(36) of the Planning Act, and PL180176 and PL180230 are appeals under subsections 22(7) and 34(11) of the Planning Act

Motion to Consolidate

4The Tribunal is in receipt of a Motion by Cornwall Gravel Co. Ltd. (the “Applicant”) returnable for this date. The Motion is for the consolidation of all proceedings before the Ontario Land Tribunal relating to the Macleod Quarries under one proceeding to be continued under the lead case number OLT-22001925. Specifically, the consolidation of the following matters:

• OLT Case No. PL180176 which itself is an administratively consolidated proceeding containing an appeal brought by Cornwall Gravel of a decision refusing an amendment to the United Counties of Stormont, Dundas and Glengarry’s Official Plan, and an appeal brought by Cornwall Gravel of a refusal by the Township of Stormont Glengarry to amend its Zoning By-law;
• Appeal No. OLT-21-002175__(File No. 14 in legacy file PL180202) within OLT Case No. OLT-21-001858 which is an appeal brought by Cornwall Gravel of a decision by the Ministry of Municipal Affairs and Housing approving the United Counties of Stormont, Dundas and Glengarry’s new Official Plan insofar as that appeal relates to the MacLeod Quarries (identified as Property 11 on Appendix 1 of the Cornwall Gravel Appeal); and
• OLT Case no. OLT-22-001925 which is a referral from the Ministry of Northern Development, Mines Natural Resources and Forestry of Cornwall Gravel’s application for a Class A license under the Aggregate Resources Act.

5Mr. Simon, on behalf of the Applicant, submitted that it would be in the interest of the parties, and of justice generally, that these proceedings be consolidated as they all relate to the same subject, being the MacLeod quarries owned by Cornwall Gravel. Co. Ltd. Consolidation will offer the best opportunity for a fair, just and expeditious resolution of the merits of these proceedings.

6The Tribunal also received an Affidavit prepared by Travis Mitchell, the Project Manager of Cornwall Gravel Co. Ltd., as an attachment to the Motion for Consolidation.

7Mr. Simon provided the Tribunal with a high-level overview of Mr. Mitchell’s Affidavit.

8Mr. Moon and Mr. McBain, Counsel for the United Counties of Stormont, Dundas and Glengarry, as well as the Town of South Stormont, support the Motion to Consolidate, as do Mr. D’Onofrio on behalf the Ministry of Northern Development, Mines, Natural Resources and Forestry and Mr. Leroy on behalf of the Raisin Region Conservation Authority.

9The Parties for these related proceedings and their respective counsel are the same. The Tribunal notes there would be a potential risk of inconsistent findings if not heard at the same time.

10On the basis that all Parties have consented to this Motion for Consolidation, and that the proposed consolidation will offer the best opportunity for a fair, just and expeditious resolution of the merits of these proceedings, the Tribunal is satisfied that there is sufficient reason to consolidate.

11The Tribunal notes that the Notice of the CMC for PL180176 and PL180230 has not been circulated as of this date. The final Order will be contingent upon confirmation that no other Parties are seeking status in advance of the next CMC.

Scheduling of Next Case Management Conference

12The next CMC will be a first event for PL180176 and PL180230 and a second CMC for OLT-22-001915. It has been scheduled for Monday, August 22, 2022 at 10 a.m.

13Parties 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

14Parties 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.

15Persons 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): 1 888 455-1389 or +1 (647) 497-9373. The access code is 709-076-365 .

16Individuals 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.

ORDER

17The CMC is scheduled to proceed by video conference on Monday, August 22, 2022 at 10 a.m.

18The proceedings for OLT-22-001925/001926, OLT-21-001858 (formerly PL180202, PL180176 and PL180230) will be consolidated contingent on confirmation that no other Parties are seeking status.

19The Member is not seized, however, may assist with case management, schedules permitting.

20No further notice will be given.

“T. Prevedel”

T. PREVEDEL 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.