Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 23, 2023
CASE NO(S).: OLT-23-000047
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: Building Industry and Land Development Association
Subject: Proposed Official Plan Amendment
Description: Updated policies in response to Bill 13 and Bill 109 for pre-consultation processes, requirements for determining complete planning applications and approval of minor Zoning By-law amendments
Reference Number: OPA 71
Property Address: Town-wide
Municipality/UT: Ajax/Durham
OLT Case No: OLT-23-000047
OLT Lead Case No: OLT-23-000047
OLT Case Name: Building Industry and Land Development Association v. Ajax (Region)
Heard: September 29, 2023
APPEARANCES:
| Parties | Counsel |
|---|---|
| Building Industry and Land Development Association (“BILD”) | Signe Leisk |
| Town of Ajax (“Town”) | Bruce Engell |
MEMORANDUM OF ORAL DECISION DELIVERED BY D. CHIPMAN, SEPTEMBER 29, 2023, AND ORDER OF THE TRIBUNAL
[1] INTRODUCTION
2This is the first Case Management Conference (“CMC”) respecting an appeal filed by the Building Industry and Land Development Association. The appeal arises following the adoption of the Town’s Official Plan Amendment No. 71, which to implement the Planning Act changes related to Bill 109 and Bill 13.
3The Tribunal issued the Notice of this CMC, of which there are only the two statutory Parties on record.
[4] PARTY AND PARTICIPANT STATUS REQUESTS
5There were no requests for Party or Participant status in the subject proceedings.
[6] MEDIATION
7The Tribunal suggests the Parties contact the Case Coordinator should they elect to pursue Tribunal-led Mediation.
[8] NEXT STEP
9Both Parties indicated that there is a reasonable prospect of settling some or all of this appeal. As a result, they requested that the Tribunal not set a date for a hearing or for another CMC but instead set a date near the end of 2023 for counsel to report on the status of the matter, at which point they will know how the Parties intend to proceed.
10The Tribunal is encouraged that this matter may be settled through further discussions. The Parties were open to providing a written status update that would indicate whether a hearing of the merits is warranted, a further CMC is necessary, or to schedule a one-day hearing if a Settlement has been achieved.
11The Tribunal directed the Parties to provide a written update on the matter on or before Wednesday, January 10, 2024. If a request for a hearing is being sought at that time, the Parties are to indicate the number of days being requested by the Tribunal and provide a draft Procedural Order and Issues list for the Tribunal’s review and approval. If a Settlement has been achieved, the Parties may at any time contact the Case Coordinator to arrange for a one-day Settlement Hearing.
[12] ORDER
13The Tribunal Orders that a written status update be submitted to the Case Coordinator on or before Wednesday, January 10, 2024.
14This Panel is not seized but remains available through the Case Coordinator should the need arise.
“D. Chipman”
D. CHIPMAN 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.