Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 14, 2022
CASE NO(S).: OLT-22-002145, OLT-22-003871
PROCEEDING COMMENCED UNDER section 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: Oxnard Beeton Inc.
Applicant: Borden Metal Products (Canada) Ltd.
Subject: Zoning By-law
Description: Appeal by a residential subdivision development on the adoption of a ZBL amendment to allow expansion of a metal fabrication facility
Reference Number: BL 2021-170
Property Address: 20 and 24 Dayfoot Street
Municipality/UT: New Tecumseth/Simcoe
OLT Case No: OLT-22-002145
OLT Lead Case No: OLT-22-002145
OLT Case Name: Oxnard Beeton Inc. v. New Tecumseth (Town)
PROCEEDING COMMENCED UNDER section 17(36) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Subject: Proposed Official Plan Amendment
Reference Number: OPA 2
Property Address: 20 and 24 Dayfoot Street
Municipality/UT: New Tecumseth/Simcoe
OLT Case No: OLT-22-003871
OLT Lead Case No: OLT-22-002145
Heard: July 11, 2022 by video hearing
APPEARANCES:
Parties
Counsel
Oxnard Beeton Inc. (“Appellant”)
M. Cara
Borden Metal Products (Canada) Ltd. (“Applicant”)
D. Tang/J. White
Town of New Tecumseth (“Town”)
J. Feehely
County of Simcoe (“County”)
Did not attend
MEMORANDUM OF ORAL DECISION DELIVERED BLAIR S. TAYLOR ON JULY 11, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal held a Case Management Conference (“CMC”) concerning two matters relating to the lands known municipally as 20 and 24 Dayfoot Street (“Subject Lands”): the first being an appeal against a site specific Zoning By-law Amendment (“ZBA”) adopted by Town Council and the second being an appeal against a site specific Official Plan Amendment (“OPA”) adopted by County Council.
2Although the parties had had off-line discussions attempting to resolve the matters, no resolution had been reached and the Applicant had filed a Motion to Dismiss with the intent to have it heard at the CMC.
3At the CMC, the Tribunal dealt with a request for party status, the consolidation of the two appeals, inquired with regard to Tribunal-led mediation, adjourned the Motion to Dismiss to Tuesday, August 2, 2022 , and gave directions with regard to both the preparation of a draft Procedural Order (“PO”) and for the hearing of that Motion, all for the reasons set out below.
DECISION
4The Applicant has an existing industrial manufacturing facility on Dayfoot Drive. It seeks to expand and for that purpose has acquired the adjacent Subject Lands which are designated in the Official Plan as residential and zoned urban residential. To that end the Applicant had filed a development proposal seeking an OPA and ZBA to facilitate the planned expansion both of which have been approved by the appropriate approval authority.
5The Appellant is the owner of certain lands directly west of the Subject Lands and for which a development proposal has been filed seeking approval for 116 townhouses.
6As noted above these two appeals were heard together for administrative purposes, and with the consent of counsel, the Tribunal ordered their consolidation.
7The Tribunal also had a request for party status from the County, which on consent of the parties was granted by the Tribunal.
8There had been off-line discussions between the Appellant and the Applicant with regard to resolving their differences, but to no avail, and hence the appeals to the Tribunal.
9The Tribunal inquired of party interest in Tribunal-led mediation but neither party appeared to have interest and had no instructions to do so.
10At the CMC the Tribunal had the Applicant’s Motion to Dismiss, which the parties had agreed to adjourn due to health related issues for one counsel.
11The Tribunal adjourned the Motion to Dismiss to Tuesday, August 2, 2022, commencing at 10 a.m. by VH.
12Parties 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/909787981
Access code: 909-787-981
13Parties 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
14Persons 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) 497-9391 or Toll Free 1-888-455-1389. The access code is 909-787-981.
15Individuals 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.
16The Tribunal also gave the following directions with regard to the Motion to Dismiss:
a. The Appellant shall serve and file its Response on or before Thursday, July 21, 2022;
b. Any Reply by the Applicant shall be served and filed on or before Friday, July 29, 2022.
c. All materials to be filed with the Tribunal shall be in both electronic and hard copy formats.
17As this was a CMC, the Tribunal tasked counsel for the Appellant with the preparation and submission of a draft PO.
18The parties are to provide any issues they might have to counsel for the Appellant as soon as possible.
19Counsel for the Appellant shall submit on consent of the parties a draft PO and Issues List to the Tribunal’s Case Coordinator on or before Monday, July 18, 2022.
20There will be no further notice.
21I am not seized.
22This is the Order of the Tribunal.
“Blair S. Taylor”
BLAIR S. TAYLOR
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.