Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 26, 2022
CASE NO(S).: OLT-21-001473
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Sifton Properties Limited
Subject: Application to amend Zoning By-law No. 61-16 - Refusal or neglect of County of Brant to make a decision
Existing Zoning: Agriculture (A)
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit a residential subdivision with neighbourhood commercial uses
Property Address/Description: 305 King Edward Street
Municipality: County of Brant
Municipality File No.: ZBA 10-20-MD
OLT Case No.: OLT-21-001473
OLT Lead Case No.: OLT-21-001473
OLT Case Name: Sifton Properties Limited v. Brant (County)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Sifton Properties Limited
Subject: Proposed Plan of Subdivision - Failure of County of Brant to make a decision
Purpose: To permit a residential subdivision with neighbourhood commercial uses
Property Address/Description: 305 King Edward Street
Municipality: County of Brant
Municipality File No.: PS1-20-MD
OLT Case No.: OLT-21-001474
OLT Lead Case No.: OLT-21-001473
Heard: July 20, 2022 by video hearing
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| Sifton Properties Limited | Andrea Skinner and Matthew Helfand |
| County of Brant | Jyoti Zuidema |
| Lafarge Canada Inc. | Wayne Fairbrother |
| David and Leah Clement | Self-Represented* |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. BRAUN ON JULY 20, 2022, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The matters before the Tribunal are appeals by Sifton Properties Limited ("Appellant") pursuant to s. 34 (11) and s. 51(34) of the Planning Act ("Act"), with respect to the failure of the County of Brant ("County") to make decisions on applications for a Zoning By-law Amendment ("ZBLA") and draft Plan of Subdivision ("PoS") to permit a residential development at 305 King Edward Street ("subject property").
2At a previous Case Management Conference ("CMC") conducted on March 16, 2022, before a panel of the Tribunal differently constituted, Participant Status was granted to John McDonald and Nancy Dolson. Party Status was granted to Lafarge Canada Inc. and to David and Leah Clement. As the Parties required time to finalize an Issues List for a hearing on the merits, the Tribunal scheduled today's CMC for the purposes of reviewing a draft Procedural Order and Issues List and to set the matter down for a hearing.
3In advance of today's CMC, the Tribunal received no further requests for Party or Participant status and accordingly, the appeal will proceed only with the involvement of the aforementioned Parties and Participants.
SETTLEMENT OPPORTUNITIES
4At the previous CMC, the Parties indicated that they were open to engaging in settlement discussions and/or mediation. In response to the Tribunal's request for an update in this regard, the Parties advised that such discussions are ongoing, and they may, at a future date, seek Tribunal-assisted mediation.
5Parties were reminded that they may seek assistance from the case co-ordinator with respect to accessing Tribunal-assisted mediation and were further reminded to advise the Tribunal as soon as possible should a settlement be achieved or issues be narrowed, such that the number of days allocated for the hearing can be reduced.
HEARING
6With reference to an extensive list of issues in dispute, the Parties indicated that they anticipated calling at least 10 expert witnesses and requested a 20-day hearing. After being made aware of certain constraints within the Tribunal's hearing calendar, the Parties consented to setting the matter down for an 18-day hearing, commencing at 10 a.m. on September 25, 2023. Parties should note that the Tribunal will not sit on the following dates: Monday October 9, 2023 (Thanksgiving) and Monday October 16, 2023 (Tribunal Board Meeting).
7Some discussion ensued with respect to the format of the hearing. Counsel for the County pointed out that Rule 20.2 of the Tribunal's Rules of Practice and Procedure ("Rules") provides that a Party may object to the electronic format. She indicated that she did not have instructions to raise a formal objection at this time, but nevertheless wished to make it known that the County's preference is for the matter to be set down for an in-person hearing. The Tribunal advised that, until further notice, all hearings are being scheduled by way of videoconference. Should circumstances change, it would be open to the Parties to request a change in hearing format on consent or alternatively, as pointed out by counsel for the County, for a Party to object to the electronic format in accordance with the Rules.
8The Tribunal directs that an eighteen (18) day hearing of the merits will be held by video hearing commencing on Monday, September 25, 2023, at 10 a.m.
9Parties 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/687587165
Audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1(888) 299-1889
Access code: 687-587-165
10Parties 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
11Persons 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 provided above.
12Individuals 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.
PROCEDURAL ORDER/ISSUES LIST
13Although the Parties provided a draft Procedural Order (PO) and Issues List ("IL") in advance of the CMC, the Tribunal directed revisions thereto in accordance with the updated standard PO on the Tribunal's website. Counsel for the Appellant undertook to make the necessary revisions, circulate the PO to the Parties for consent and resubmit to the Tribunal for approval no later than Friday, July 29, 2022.
14Some discussion ensued with respect to the IL. Counsel for the Appellant expressed concern that certain issues as presented therein might not be appropriate, relevant or within the jurisdiction of the Tribunal. The Parties agreed to revisit those issues and the concerns raised by the Appellant in the course of the ongoing discussions aimed at settlement. Should the Parties be unable to resolve those issues, they may contact the case co-ordinator and request a further CMC or Telephone Case Conference to seek direction from the Tribunal in advance of the hearing.
OTHER MATTERS
15The Tribunal inquired as to whether there were any other matters to be addressed which might assist in the fair, just and expeditious resolution of this matter. The Parties indicated there were none.
ORDER
16An 18-day video hearing will commence on September 25, 2023 at 10 a.m. (The Tribunal will not sit Monday October 9, 2023 and Monday October 16, 2023).
17A revised Procedural Order shall be submitted for the Tribunal's approval no later than Friday, July 29, 2023.
18There will be no further notice and this Member is not seized, but may be available for case management should scheduling permit.
"S. Braun"
S. BRAUN
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.