Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 14, 2023
CASE NO(S).: OLT-23-000707
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Lafarge Canada Inc.
Subject: By-law No. 2023-053
Description: to facilitate a proposed residential plan of subdivision consisting of approximately 550-600 dwelling units
Reference Number: BL 2023-053
Property Address: 295 Mountain Road
Municipality/UT: Town of Collingwood
OLT Case No.: OLT-23-000707
OLT Lead Case No.: OLT-23-000707
OLT Case Name: Lafarge Canada Inc. v. Collingwood (Town)
Heard: November 3, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel
Lafarge Canada Inc. (“Appellant”)
Ashley Seely Kim Mullin (in absentia)
Todco Investments Inc. (“Applicant”)
Scott Snider
Town of Collingwood (“Town”)
Thomas Sanderson
Simcoe County District School Board (“SCDSB”)
Justine Reyes Brad Teichman (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY KURTIS SMITH ON November 3, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference (“CMC”) for the appeal brought forward by Lafarge Canada Inc. (“Appellant”) regarding the approved Zoning By-law Amendment (“ZBA”) application of Todco Investments Inc. (“Applicant”) for the property Municipally known as 295 Mountain Road (“Subject Property”) in the Town of Collingwood (“Town”).
2The ZBA facilitates a proposed residential plan of subdivision consisting of approximately 550 to 600 residential dwelling units, parkland, trails, a stormwater management pond, and a potential elementary school site.
3The Appellant appealed the Town Council decision on the basis that they own and operate a concrete ready-mix plant on adjacent lands located at 555 Tenth Line. The Appellant is concerned that the proposed land uses on the Subject Property have not been planned and developed to minimize and mitigate any potential conflicts with the Appellant’s property.
PROCEDURAL MATTERS
4The Tribunal received and marked the Affidavit of Service of the Notice of CMC sworn by Amanda Pryce as Exhibit 1. There were no issues with the service of Notice of the CMC and as such, no further notice is required.
5Prior to the commencement of the CMC, the Tribunal was in receipt of one Party Status request and received no Participant Status requests.
6The lone Party Status request was from the Simcoe County District School Board and this status was granted on consent of the Parties as the proposed development contemplates a new elementary school on the Subject Property.
7Counsel for the County of Simcoe attended the proceedings simply to stay informed on the matter and at this time does not wish to be a Party to the proceedings.
8The Appellant and Applicant provided the Tribunal with an update on the matter. In summary, the Parties are working diligently together and are optimistic that a full settlement will be reached by the end of next week and indicated that, in the event that minutes of settlement are reached, Tribunal adjudication may not be required.
SECOND CASE MANAGEMENT CONFERENCE
9As indicated above in paragraph 8, the Parties expect that the appeal will be resolved over the course of the next week. However, if discussions do not advance as expected the Parties requested that a second CMC then be scheduled in short order.
10The intention of the second CMC is to review and approve the draft Procedural Order and Issues List, and to schedule the Hearing of the merits for this matter.
11The Appellant is to provide the Case Coordinator with a status update and, if necessary, an agenda for the CMC on or before Monday, November 13, 2023.
12The second CMC is scheduled to proceed by video on Friday, December 1, 2023, at 10:00 a.m.
13Parties and Participants are asked to log in to 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/344779885
Access code: 344-779-885
14Parties 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
15Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling in to an audio-only telephone line: +1 (647) 497-9373 or Toll-Free 1-888-299-1889. The access code is 344-779-885.
16Individuals 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 Video Hearing 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
17The Tribunal so orders and provides the above directives for the purposes of the Case Management of these proceedings.
“Kurtis Smith”
KURTIS SMITH
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.