Hammerford Development (Ballantrae) Limited v. Whitchurch-Stouffville (Town), 2023 CanLII 109145

ISSUE DATE: November 15, 2023

CASE NO(S).: OLT-22-003616 Formerly PL171393

PROCEEDING COMMENCED UNDER subsection 17(40) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: Far Sight Investments Ltd. et al

Appellant: Hammerford Development (Ballantrae) Limited

Subject: Failure of Region of York to announce a decision respecting Proposed Official Plan Amendment No. OPA 136

Municipality/Upper Tier: Town of Whitchurch-Stouffville/York

OLT Lead Case No.: OLT-22-003616

OLT Legacy Case No.: PL171393

OLT Case Name: Hammerford Development (Ballantrae) Limited v. Whitchurch-Stouffville (Town)

Heard: November 8, 2023 by Video Hearing (“VH”)

APPEARANCES:

Parties

Counsel

Far Sight Homes, 2506339 Ontario Inc., and Robert Schickedanz

Jennifer Meader Scott Snider (in absentia)

Hammerford Development Ballantrae Limited

Andy Margaritis

Topfar162 Inc.

Neil Smiley Anna Lu

Harry Cheung

Max Reedijk Katarzyna Sliwa (in absentia)

Town of Whitchurch-Stouffville (“Town”)

Andrew Biggart Christina Kapelos

York (“Region”)

Pitman Patterson Denisa Mertiri

MEMORANDUM OF DECISION DELIVERED BY ERIC.S. CROWE AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This is the fifth Case Management Conference (“CMC”) respecting an appeal pursuant to s. 17(40) of the Planning Act. On January 21, 2014, the Town of Whitchurch-Stouffville (“Town”) passed an Official Plan Amendment No. 136 (“OPA No. 136”). The Regional Municipality of York (“Region”) failed or neglected to approve it. Appeals were filed by Far Sight Homes, 2506339 Ontario Inc., and Robert Schickedanz, Hammerford Development (Ballantrae) Limited, Topfar 162 Inc., Harry Cheung (all collectively, the “Appellants”). The Subject Lands are located in the Musselman Lake area.

Requests for Status

2There were no further request for Participant or Party status.

CMC

3Mr. Biggart, counsel for the Town, provided background and status of the applications. Counsel advised that the Parties tried mediation first on May 6, 2019, and a second round of mediation in January of 2022, for several days but failed to come to an agreement. Counsel advised that Town Council has made modifications to OPA No. 136, which was brought before Town Council in June of 2023, with support of the Region. Counsel advised this revised OPA No. 136 was circulated to the Parties for their review. Counsel advised the main issue from the Region’s and Town’s perspective was water supply.

4Mr. Biggart submitted that the Parties are requesting a three-to four-week Hearing in the summer of 2024, due to the complexity of the case, the number of Parties and the number of potential expert witnesses involved.

Potential Motions for Site Plan Appeals NOT to be heard Together with OPA No. 136 appeals

5Mr. Biggart also submitted that there were ongoing discussions with Far Sight Homes, 2506339 Ontario Inc., and Robert Schickedanz in regard to their specific site plan appeals in a related matter, currently ongoing, under Case File No. OLT-22-003636, which involves the same lands as the present matter as well as other lands in the area. Mr. Biggart advised that during a CMC on October 20, 2023, a Hearing date had been set in that matter for ten (10) days beginning on June 3, 2024. This was confirmed by Jennifer Meader, counsel for Far Sight Homes, 2506339 Ontario Inc., and Robert Schickedanz.

6In that case, the Town requested to have that matter consolidated or heard at the same time as this matter (Case File No. OLT-22-003616) for the purposes of efficiency, but this request was denied.

7Therefore, Mr. Biggart suggested that the Tribunal provide more time for the Parties to continue discussions in hopes of reaching a settlement of these two appeals, or in the alternative if no settlement is achieved, then the Town may bring a Motion for the matters to be heard together.

8Mr. Margaritis, counsel for Hammerford Development Ballantrae Limited, made submissions that his clients oppose the hearing together of this appeal and their site-specific appeal. Mr. Margaritis advised their initial OPA No. 136 application was submitted in 2015, their site plan in 2015 and the appeal of the non-decision was made in 2016.

9Mr. Biggart advised that he was not aware of the current position of Hammerford Development Ballantrae Limited, and therefore, suggested that further discussions with Mr. Margaritis, similar to Far Sight Homes, 2506339 Ontario Inc., and Robert Schickedanz, may be beneficial to resolve any outstanding issues of the two appeals. Mr. Margaritis advised he was “indifferent” to this suggestion.

10Mr. Smiley, counsel for Topfar 162 Inc., submitted that his client has similar issues with a site-specific consolidation, or to separate and not hear together with OPA No. 136, and agreed further discussion with the Town may be beneficial to resolve the site-specific issue.

11Mr. Biggart reiterated that the Parties will continue discussions with the hope of a settlement in relation to the site-specific issues and if not, the Town may file a motion for the appeals to be heard together involving these three noted Parties.

PROCEDURAL ORDER AND ISSUES LIST

12The Tribunal canvassed the Parties in regard to the draft Procedural Order (“PO”) and Issues List (“IL”). Upon the request of the Parties, the Tribunal set a deadline of Wednesday, November 29, 2023, to submit a draft PO and IL.

HEARING

13The Tribunal set an 18-day Merit Hearing commencing on Monday, August 19, 2024, at 10 a.m. by VH (Noting that on Monday, September 2, 2024, is a Holiday and on Monday, September 9, 2024, the Tribunal is not available). No further Notice is required for the Hearing.

14Parties are asked to log into the VH at least 15 minutes before the start of the event to test their video and audio connections.

GoToMeeting: https://meet.goto.com/370987861

Access code: 370-987-861

15Parties 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 Merit Hearing are set out above; and
The Parties will file a draft Procedural Order and Issues List with the Tribunal on or before Wednesday, November 29, 2023.

19The Member is not seized but may be spoken to through the Case Coordinator if any issues arise.

“Eric S. Crowe”

ERIC S. CROWE

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.