Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 06, 2023
CASE NO(S).: OLT-22-003634
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Far Sight Homes, 2506339 Ontario Inc., & Robert Schickedanz
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the development of a 141-unit residential subdivision
Reference Number: OPA19.002
Property Address: 5426, 5452 & 5584 Lakeshore Road
Municipality/UT: Whitchurch-Stouffville/York
OLT Case No: OLT-22-003634
OLT Lead Case No: OLT-22-003634
OLT Case Name: Schickedanz v. Whitchurch-Stouffville (Town)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Far Sight Homes, 2506339 Ontario Inc., & Robert Schickedanz
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of a 141-unit residential subdivision
Reference Number: ZBA19.002
Property Address: 5426, 5452 & 5584 Lakeshore Road
Municipality/UT: Whitchurch-Stouffville/York
OLT Case No: OLT-22-003635
OLT Lead Case No: OLT-22-003634
PROCEEDING COMMENCED UNDER section 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Far Sight Homes, 2506339 Ontario Inc., & Robert Schickedanz
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit the development of a 141-unit residential subdivision
Reference Number: 19T(W)-19.001
Property Address: 5426, 5452 & 5584 Lakeshore Road
Municipality/UT: Whitchurch-Stouffville/York
OLT Case No: OLT-22-003636
OLT Lead Case No: OLT-22-003634
Heard: October 20, 2023 by video hearing (“VH”)
APPEARANCES:
| Parties | Counsel/Agent* |
|---|---|
| Far Sight Homes, 2506339 Ontario Inc., and Robert Schickedanz (“Appellants”/ “Applicants”) | Scott Snider |
| Town of Whitchurch-Stouffville (“Town”) | Christina Kapelos |
MEMORANDUM OF ORAL DECISION DELIVERED BY K.R. ANDREWS ON October 20, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) respecting an appeal by Far Sight Homes, 2506339 Ontario Inc., and Robert Schickedanz. The appeal arises following a non-decision concerning applications for Official Plan amendment (“OPA”), Zoning By-law Amendment (“ZBA”) and draft plan of subdivision applications to permit the development of a residential plan of subdivision consisting of 141 units within private streets and services on a condominium ownership basis.
Service of Notice of CMC
2There is no issue with service of the Notice of this CMC, and no further notice is required. The Tribunal is in receipt of the Affidavit of Service, which is marked as Exhibit 1.
Requests for Status
3The Tribunal is in receipt of one Participant Status Request form in the name of Kate Greenway, an area resident. With consent of the parties, the Tribunal grants the request.
4No one else attended the CMC seeking either Party or Participant status.
MEDIATION AND SETTLEMENT
5The Tribunal explored the possibility of mediation and settlement with the parties. The parties both expressed openness to resolution and confirmed that they will keep the Tribunal apprised of any developments with their resolution efforts.
Potential consolidation with OLT-22-003616
6Counsel for the Appellant made it clear that they wish to have a hearing as soon as possible and request that the Tribunal schedule the hearing at the present CMC. However, the Town submitted that there is a related matter currently ongoing concerning a number of appeals of Official Plan Amendment 136 (“OPA 136”), under case no. under OLT-22-003616, which involves the same lands as the present matter as well as other lands in the area. Counsel for the Town explained that the Town wishes to have the present matter consolidated or heard at the same time as OLT-22-003616 for efficiency purposes.
7Counsel for the Appellants submitted that the present subject applications precede the effective date of OPA 136, and therefore the appeal of OPA 136 has no bearing on this matter pursuant to the Clergy principle. The Appellants therefore take the position that the matters are not actually related.
8In addition, counsel for both parties confirmed that the Appeal of OPA 136 involves four other landowners plus the Region, and has been ongoing since 2019. With this in mind, counsel for the Applicant further submits that it would be extremely prejudicial from a timeliness standpoint to be forced to have the present matter wait on a hearing of OLT-22-003616, which is yet to be set down for hearing dates and could involve up to eight-weeks of hearing (compared to the two-week hearing being proposed for the present matter).
9Counsel for the Town further explained that the next CMC for OLT-22-003616 will soon take place on November 8, 2023. Given the proximity of this date, the Town submitted that the parties should wait at least until the November 8 CMC, when they will be in a better position to determine how the two matters will be heard (the Town indicated that they may bring a motion, or simply speak to the matter, to consolidate the matters on that date), before setting any hearing dates for either matter.
10Upon considering the submissions of the parties, the Tribunal finds that it does not have enough information to determine whether or not the matters will be consolidated or heard together. Such a decision will presumptively be determined when the Town speaks to the matter on November 8. As a result, the Tribunal does not find it prudent to proceed with the present CMC on the basis of assuming that such an order of consolidation or hearing of the matters together will be granted.
11Consequently, the Tribunal finds it prudent to set hearing dates for the present matter now, irrespective of the potential outcomes of the OLT-22-003616 matter, and such dates may or may not be vacated later if the Tribunal finds it appropriate to do so pending of the outcome of the November 8 CMC concerning OLT-22-003616.
PROCEDURAL ORDER AND ISSUES LIST
12Given that there is at least a chance that the present matter will be consolidated or heard together with OLT-22-003616, and upon considering the inherent work involved in preparing a Procedural Order (“PO”) and Issues List (which may need to be re-done if the matters are consolidated/heard together), the Tribunal elects to set a later deadline to finalize and file a draft PO and Issues List for the present matter. Upon request of the parties, the Tribunal sets a deadline of December 15, 2023, to submit a draft PO and Issues List.
HEARING
13The Tribunal set a 10-day hearing commencing on Monday, June 3, 2024, at 10 a.m. by video hearing. No further Notice is required for the hearing.
14Parties 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.
GoTo Conference Link: https://global.gotomeeting.com/join/442599157
Access code: 442-599-157
15Parties 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
16Persons 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) 497-9391. The access code is as indicated above.
17Individuals 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
18The Tribunal Orders that:
The date and particulars of the hearing are set out above;
The parties will file a draft Procedural Order and Issues List with the Tribunal on or before December 15, 2023. If the parties require an extension on account of the timing of a decision involving OLT-22-003616, the present member may be spoken to; and
Kate Greenfield is granted Participant status.
19The Member is not seized but may be spoken to through the Case Coordinator if any issues arise.
“K.R. Andrews”
K.R. ANDREWS
MEMBER
Ontario Land Tribunal
Website: www.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.