CORRECTION NOTICE

OLT CASE NO(S).:

OLT-23-000660

DECISION ISSUE DATE(S):

November 27, 2023

CORRECTION NOTICE ISSUE DATE:

November 30, 2023

RE: Thornbury Acres Holding Inc. v. The Blue Mountains (Town)

Correction to: On page 4, paragraph [10] to reflect the correct video hearing link for Merit Hearing

Originally:

Corrected to:

10…

Monday, August 12, 2024, at 10 a.m. (Two-Week (10-Day) Merit Hearing) GoTo Meeting: https://meet.goto.com/34828286

Access code: 348282861

Audio-only telephone line: (Toll Free) 1-888-299-1889 or +1(647) 497-9373

Audio-only access code: 348282861

10…

Monday, August 12, 2024, at 10 a.m. (Two-Week (10-Day) Merit Hearing) GoTo Meeting: https://meet.goto.com/348282861 Access code: 348-282-861

Audio-only telephone line: (Toll Free) 1-888-299-1889 or +1(647) 497-9373

Audio-only access code: 348-282-861

“Euken Lui”

EUKEN LUI REGISTRAR

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.

ISSUE DATE:

November 27, 2023

CASE NO(S).:

OLT-23-000660

PROCEEDING COMMENCED UNDER subsection 27(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant:

Thornbury Acres Holding Inc.

Subject:

Request to amend the Official Plan – Failure to adopt the requested amendment

Description:

To permit a 37-unit residential farm co-operative

Reference Number:

P3266

Property Address:

Concession 8, Part Lot 27, 16R-11537, Parts 2

and 3; Concession 8, East Part Lot 27

Municipality/UT:

Town of The Blue Mountains / County of Grey

OLT Case No.:

OLT-23-000660

OLT Lead Case No.:

OLT-23-000660

OLT Case Name:

Thornbury Acres Holding Inc. v. The Blue Mountains (Town)

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant:

Thornbury Acres Holding Inc.

Subject:

Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description:

To permit a 37-unit residential farm co-operative

Reference Number:

P3266

Property Address:

Concession 8, Part Lot 27, 16R-11537, Parts 2

and 3; Concession 8, East Part Lot 27

Municipality/UT:

Town of The Blue Mountains / County of Grey

OLT Case No.:

OLT-23-000661

OLT Lead Case No.:

OLT-23-000660

PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant:

Thornbury Acres Holding Inc.

Subject:

Proposed Plan of Subdivision – Failure of Approval Authority to make a decision

Description:

To permit a 37-unit residential farm co-operative

Reference Number:

42CDM-2022-11

Property Address:

Concession 8, Part Lot 27, 16R-11537, Parts 2

and 3; Concession 8, East Part Lot 27

Municipality/UT:

Town of The Blue Mountains / County of Grey

OLT Case No.:

OLT-23-000662

OLT Lead Case No.:

OLT-23-000660

Heard:

November 6, 2023 by Video Hearing

APPEARANCES:

Parties

Counsel

Thornbury Acres Holding Inc. and Kathleen Ann Houghton

P. DeMelo

Town of The Blue Mountains

B. Engell

D. Baker ((in absentia)

County of Grey

E. Treslan

MEMORANDUM OF ORAL DECISION DELIVERED BY P. TOMILIN ON NOVEMBER 6, 2023 AND ORDER OF THE TRIBUNAL

1This was the second Case Management Conference (“CMC”) in the matter of appeals by Thornbury Acres Holding Inc. and Kathleen Ann Houghton (“Applicants” / “Appellants”) from the failure of the Town of The Blue Mountains (“Town”) to approve the requested Official Plan Amendment (“OPA”), pursuant to s. 22(7), Zoning By-law Amendment (“ZBA”), pursuant to s. 34(11), and approval of a plan of subdivision, pursuant to s. 51(34) of the Planning Act (“Act”), for the properties legally known as Concession 8, Part Lot 27, 16R-11537, Parts 2 and 3; Concession 8, East Part Lot 27

(“subject property” / “Site”), in order to develop the lands for a 37-unit residential farm cooperative on 61.5 hectares (“ha”) of agricultural and rural lands.

2The Applicants are proposing a modern agro-eco-community. The proposed development is being marketed as Ontario's First Residential Co-operative. The application for the Plan of Condominium would apply to the entire subject lands to implement and manage the residential farm co-operative, set up the lots, internal streets and farm cooperative. Access to the site is proposed off of Grey Road 2 and Grey Road 40 and a third access to the agricultural portion is proposed off of Grey Road 40. The agricultural area will include a fruit orchard, a food forest, a market garden, a herb and medicine garden, a butternut meadow, a bee apiary and a community food market. The dwellings, recreational amenities and farming facilities will be accessed with a private vehicle road system (condominium). Approximately seven kilometers (“km”) of trails are proposed. Farming is primarily for the use of the residents however excess production may be sold to the wider community through a food market community.

STATUS REQUESTS

3At the CMC the Tribunal received a Participant Status request from Steve Bamford. The Tribunal explained to Mr. Bamford that the Status request has to be filed ten days in advance of the first CMC. However, given that Mr. Bamford resides in close proximity to the Site and on consent of the Parties, the Tribunal granted Participant Status to Steve Bamford.

4Mr. Bamford shall submit a Participant Statement to the Tribunal by no later than

Wednesday, November 8, 2023. No further extensions shall be granted.

MOTION, PROCEDURAL ORDER (“PO”), ISSUES LIST AND HEARING DATES

5The County of Grey (“County”) has indicated that they are intending to bring a Motion to determine if the amendment to the County Official Plan is required. The outcome of the Motion will determine if the Hearing is required or if the Hearing is

premature. The County has requested that three days be scheduled for the Motion. Following a discussion between the Parties, it was determined that one day would be sufficient for the Motion.

6The Appellants requested the Tribunal to set aside time for a two-week hearing.

7The Tribunal reminded the Parties that should they reach a point where the Tribunal-led Mediation would be of assistance, they are to contact the assigned Case Coordinator.

8A one-day Motion will be held and is scheduled to commence by video on

Wednesday, January 17, 2024, at 10 a.m.

9A two-week (10-day) Hearing will be held and is scheduled to commence by video on Monday, August 12, 2024, at 10 a.m.

10The Parties 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:

Wednesday, January 17, 2024, at 10 a.m. (One-Day Motion Hearing) GoTo Meeting: https://global.gotomeeting.com/join/709076365

Access code: 709076365

Audio-only telephone line: (Toll Free) 1-888-299-1889 or +1(647) 497-9373

Audio-only access code: 709076365

Monday, August 12, 2024, at 10 a.m. (Two-Week (10-Day) Merit Hearing) GoTo Meeting: https://meet.goto.com/34828286

Access code: 348282861

Audio-only telephone line: (Toll Free) 1-888-299-1889 or +1(647) 497-9373

Audio-only access code: 348282861

11Parties 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

12Persons 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.

13Individuals 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

14THE TRIBUNAL ORDERS that Participant Status is granted to Steve Bamford.

15THE TRIBUNAL FURTHER ORDERS that the Motion is scheduled to commence as set out above in this decision. Parties are to provide a revised version of the Draft Procedural Order and Issues List to the Tribunal on or before November 20, 2023.

16The Tribunal is now in receipt of the PO. The Tribunal has reviewed and approved the PO and is appended as Schedule 1 to this Decision.

17THE TRIBUNAL FURTHER ORDERS that the Hearing is scheduled to commence as set out above in this decision.

18This Member is not seized.

19There will be no further notice.

“P. Tomilin”

P. TOMILIN 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.

SCHEDULE 1

CASE NO(S).: OLT-23-000660

PROCEEDING COMMENCED UNDER subsection 27(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant:

Thornbury Acres Holding Inc.

Subject:

Request to amend the Official Plan – Failure to adopt the requested amendment

Description:

To permit a 37-unit residential farm co-operative

Reference Number:

P3266

Property Address:

Concession 8, Part Lot 27, 16R-11537, Parts 2

and 3; Concession 8, East Part Lot 27

Municipality/UT:

Town of The Blue Mountains / County of Grey

OLT Case No.:

OLT-23-000660

OLT Lead Case No.:

OLT-23-000660

OLT Case Name:

Thornbury Acres Holding Inc. v. The Blue Mountains (Town)

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant:

Thornbury Acres Holding Inc.

Subject:

Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description:

To permit a 37-unit residential farm co-operative

Reference Number:

P3266

Property Address:

Concession 8, Part Lot 27, 16R-11537, Parts 2

and 3; Concession 8, East Part Lot 27

Municipality/UT:

Town of The Blue Mountains / County of Grey

OLT Case No.:

OLT-23-000661

OLT Lead Case No.:

OLT-23-000660

PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant:

Thornbury Acres Holding Inc.

Subject:

Proposed Plan of Subdivision – Failure of Approval Authority to make a decision

Description:

To permit a 37-unit residential farm co-operative

Reference Number:

42CDM-2022-11

Property Address:

Concession 8, Part Lot 27, 16R-11537, Parts 2

and 3; Concession 8, East Part Lot 27

Municipality/UT:

Town of The Blue Mountains / County of Grey

OLT Case No.:

OLT-23-000662

OLT Lead Case No.:

OLT-23-000660

PROCEDURAL ORDER

1. The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties’ request or its own motion.

Organization of the Hearing

2. Subject to any ruling to the contrary made by the Tribunal as a result of the motion described in paragraph 10 below The Hearing will begin on August 12, 2024, at 10

a.m. Unless otherwise subsequently ordered by the Tribunal, the Hearing shall proceed by videoconference.

3. The Parties’ initial estimation for the length of the Hearing is ten (10) days. The Parties are expected to cooperate to reduce the length of the Hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.

4. The Parties and Participants identified at the case management conference are set out in Attachment 1.

5. The issues for the Hearing are set out in the Issues List attached as Attachment 2. There will be no changes to this list unless the Tribunal permits, and a Party who asks for changes may have costs awarded against it.

6. The order of evidence shall be as set out in Attachment 3. The Tribunal may limit the amount of time allocated for opening statements, direct evidence (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the Parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.

7. The purpose of this Procedural Order and the meaning of the terms used in it are set out in Attachment 4.

8. Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.

9. Any person who intends to participate in the Hearing, including Parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website (https://olt.gov.on.ca/tribunals/lpat/).

Requirements Before the Hearing

10. The Tribunal will consider a motion by the County of Grey for a determination of whether an amendment to the County of Grey Official Plan is required to permit this proposal at a video conference to be held on January 17, 2024. The Parties will serve upon the other Parties, and file with the Tribunal, their respective materials relating to this motion as follows:

a. County to file Notice of Motion and related materials in support of its request for relief by December 15, 2023;

b. Town to file its materials (if any) relating to the motion(s) by December 22, 2023; and

c. Applicant/Appellant to file reply materials by January 8, 2024.

11. All further deadlines contained in this order are being made subject to any ruling to the contrary made by the Tribunal as a result of the motion described in paragraph 10 above.

12. A Party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other Parties a list of the witnesses and the order in which they will be called. This list must be delivered on or before April 14, 2024, and in accordance with paragraph 25 below. A Party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.

13. Expert witnesses in the same field shall have a meeting on or before May 4, 2024, and try to resolve or reduce the issues for the Hearing. Following the experts’

meetings, and if any agreement is reached, the Parties must prepare and file a Statement of Agreed Facts and Issues with the Case Co-ordinator on or before May 14, 2024.

14. An expert witness shall prepare an Expert Witness Statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the Hearing. Copies of this must be provided as in paragraph 17 below. Instead of an Expert Witness Statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.

15. Expert witnesses who are under summons and not paid to produce a report do not have to file an Expert Witness Statement; but the Party calling them must file an outline of the expert’s evidence as in paragraph 17 below.

16. A Party who intends to call a witness who is not an expert must file a Witness Statement, as in paragraph 17 below.

17. On or before June 13, 2024, the Parties shall provide copies of their Witness Statements and Expert Witness Statements to the other Parties and to the Case Co- ordinator and in accordance with paragraph 25 below.

18. On or before June 13, 2024, a Participant shall provide copies of their written Participant Statement to the Parties and to the Case Co-ordinator in accordance with paragraph 25 below. A Participant cannot present oral evidence or submissions at the Hearing unless ordered by the Tribunal.

19. Parties may provide to all other Parties and the Case Co-ordinator a written response to any Written Evidence on or before July 13, 2024, and in accordance with paragraph 25 below.

20. On or before July 29, 2024, the Parties shall provide copies of their visual evidence to all of the other Parties in accordance with paragraph 25 below. If a model will be used, all Parties must have a reasonable opportunity to view it before the Hearing.

21. The Parties shall cooperate to prepare a Joint Document Book which shall be shared with the Case Co-ordinator on or before August 5, 2024.

22. A person wishing to change Written Evidence, including Witness Statements, must make a written Motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the Moving Party provide copies of the Motion to all other Parties 15 days before the Tribunal hears the Motion.

23. A Party who provides Written Evidence of a witness to the other Parties must have the witness attend the Hearing to give oral evidence, unless the Party notifies the Tribunal and the other Parties by June 28, 2024 that the written evidence is not part of their record.

24. The Parties shall prepare and file a preliminary Hearing Plan with the Tribunal on or before July 22, 2024 with a proposed schedule for the Hearing that identifies, as a minimum, the Parties participating in the Hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in direct, cross-examination and re-direct examination (if any) and the expected length of time for final submissions. The Parties are expected to ensure that the Hearing proceeds in an efficient manner and in accordance with the Hearing Plan. The Tribunal may, at its discretion, change or alter the Hearing Plan at any time in the course of the Hearing.

25. All filing shall be electronic, unless the Tribunal requests a hard copy(ies) of any document. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7.

26. No adjournments or delays will be granted before or during the Hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.4

This Member is not seized. So orders the Tribunal.

SUMMARY OF PROCEDURAL DATES

DATE

EVENT

December 15, 2023

Filing of materials by County in support of its motion

December 22, 2023

Filing of materials by Town respecting motion (if any)

January 8, 2022

Filing of reply materials by Applicant respecting motion (if any)

January 17, 2024

Hearing of Motion brought by County

April 14, 2024

Exchange of list of witnesses and the order in which they will be called

May 4, 2024

Meeting of expert witnesses in the same field

May 14, 2024

Filing of agreed statement of facts

June 13, 2024

Exchange of expert reports/expert witness

statements/written evidence, evidence outlines for witnesses under summons, participant statements

July 13, 2024

Exchange of responding evidence

July 29, 2024

Exchange of visual evidence

August 5, 2024

Filing of Joint Document Book

August 5, 2024

Filing of Hearing Plan

August 12, 2024

Hearing commences

Attachment “1”

List of Parties/Participants

PARTIES

Party

Counsel / Representative

Thornbury Acres Holding Inc. and Kathleen Ann Houghton

Paul DeMelo/ Doug Pateman

Kagan Shastri DeMelo Winer Park LLP 188 Avenue Road

Toronto, ON M5R 2J1

Email: pdemelo@ksllp.ca / dpateman@ksllp.ca

Tel: (416) 368-2100 ext. 228/ (437) 780-3586

Town of The Blue Mountains

Bruce Engell/ Denise Baker

WeirFoulds LLP

4100 – 66 Wellington Street West PO Box 35, TD Bank Tower Toronto, Ontario M5K 1B7

Email : bengell@weirfoulds.com/ dbaker@weirfoulds.com

Tel : (416) 947-5081 / (416) 947-5090

County of Grey

Erroll G. Treslan

Alliance Lawyers

142 10th West Street,

Owen Sound, Ontario N4K 3P9

Email: etreslan@owensoundlawyers.com Tel: (519) 376-7450 ext. 241

Participants

Participant

Counsel / Representative

Pure Blue Cannabis Inc C/o Blake Russell

Eleanor Ward

Randall McLeod

Bamford Family Farms C/o Steve Bamford

County of Grey

Attachment “2”

Issues List

1. Does the proposal have regard for matters of provincial interest under section 2 of the Planning Act, and have regard for section 51(24) of the Act?

2. Is the proposal consistent with sections 1.1.4, 1.1.5, 1.6.6, and 2.3 of the Provincial Policy Statement (PPS)?

3. Does the proposal conform to sections 5.3, 5.4, and 9.13 of the County Official Plan?

a) Why is a plan of condominium needed for the proposed residential farm cooperative?

b) How will the proposal ensure that the farmlands remain in agricultural production in perpetuity?

c) Is the quantum of residential development proposed commiserate with the amount of agricultural production on-site?

d) Is this an innovative form of rural development?

e) Is the character of development low density in a rural context?

f) What are the proposed recreational uses on-site?

g) Has the proposal demonstrated that 60% of the site will remain available for active agricultural or recreational uses?

h) Is this a permitted use in the Special Agricultural designation?

4. Does the proposal conform to the goals and objectives of sections B4.3 and B4.4 of the Town Official Plan?

5. If approved, will the proposed development set a negative precedent for future rural development, and weaken the County and Town’s ability to direct new residential development to settlement areas?

6. Can the Town of the Blue Mountains Official Plan restrict residential farm cooperatives, even when such uses are permitted by the County Official Plan?

7. Are the Agricultural Viability Assessment and Agricultural Impact Assessments satisfactory?

8. Is this an efficient form of development which avoids the need for unjustified or uneconomical service delivery or expansion of services?

9. Is the proposal consistent with the remaining sections of the Provincial Policy Statement (PPS) which are not covered in item # 2 above?

10. Does the proposal conform to the policies of the County Official Plan which are not covered in item # 3 above?

11. Does the proposal conform to the goals and objectives of the Town Official Plan which are not covered in item # 4 above?

12. What are the appropriate draft plan conditions to be attached to the plan of condominium?

13. What are the appropriate site-specific Town Official Plan policies and Zoning By- law provisions for this development?

14. Can the development be appropriately serviced consistent with provincial and local standards?

15. Is the proposed stormwater management system appropriate for the site?

16. Have the comments of the NRSI environmental peer review been addressed?

17. Have the comments of the County Transportation Services department been addressed relative to Grey Roads 2 and 40?

18. Are the Stage 1 and 2 Archaeological Assessments satisfactory to the provincial standards with satisfactory engagement from local Indigenous peoples? When will the required Stage 3 Archaeological Assessment be completed?

19. Have the Environmental Site Assessment and Guideline D-4 Assessments been conducted in accordance with provincial guidelines?

20. Are the proposed residential units compatible with the neighbouring cannabis production facility?

21. Does the development align with provincial, County, and Town climate change mitigation goals and objectives?

Town of The Blue Mountains

Note: The Town reserves the right to amend this issues list in the event a new Provincial Policy Statement is released by the Province in advance of the decision being made on this matter by the Ontario Land Tribunal.

Issues List for OPA/ZBA Appeals Only- Additional issues for DPC will be provided in advance of the scheduling of the DPC hearing, if required.

22. Does the proposal have appropriate regard for Section 2 of the Planning Act, specifically subsections a, k, l, p,q and s?

23. Is the proposed development and implementing Official Plan and Zoning By-law amendments consistent with the Provincial Policy Statement, including the following policies:

a) 1.1.3.1, 1.1.4.1, 1.1.4.2, 1.1.4.3, 1.1.4.4, 1.1.5, 1.4.3, 1.1.5, 1.1.5.2, 1.1.5.7,

1.3.1, 1.4, 1.4.3, 1.5.1, 1.6.6.3, 1.6.6.4, 1.6.6.7, 1.7.1, 1.8.1, 2.1, 2.1.1, 2.1.5,

2.1.6, 2.1.7, 2.1.8, 2.3, and 2.6.

24. Is an amendment to the County Official Plan required to permit the proposal?

25. Is the proposed development a residential farm co-operative?

26. Do the proposed development and implementing Official Plan and Zoning By- law amendments conform to sections 5.1, 5.2.2, 5.3, 5.4, 9.12, and 9.13, of the County Official Plan, including the applicable definitions contained within those policies?

27. Does the proposed development represent an agricultural or recreational use as the primary use of the lands?

28. Does the proposed development demonstrate that 60% of the original land holding will remain available for active primary agricultural or recreational uses?

29. Do the proposed development and implementing Official Plan and Zoning By- law amendments conform to sections in the Town of the Blue Mountains’ Official Plan:

a) A3, A3.1, A 3.2, A 3.3, A 3.4, A 3.5, A 3.6, A 3.7, A 3.8, A 3.10, A 3.12, B4.1,

B 4.3, B 4.4, B 5.1, B 5.2, B 5.3, B 5.4, B 5.5, B. 5.6, C1, C2.1, C2.2, C3, C

4.1, C4.2, C5, C6, C7, C9, D2.5, D 2.6, D 3.4, D 4.1, D 4.3, D5, D5, D 5.6,

D7.3, D 8.2, D 8.4, D 8.5, D 8.6, E7

30. Is the proposed use permitted by the Town’s Official Plan?

31. Is the proposed form of land division (vacant land condominium) permitted by the Official Plan for the subject lands?

32. Are there issues in the Environmental Impact Study that require resolution prior to the approval of any amendments to the Official Plan and Zoning By-law?

33. Has the full extent of significant wildlife habitat been identified such that an impact assessment on those features can be completed?

34. Has the full extent of butternut been identified on the property?

35. Has a proper assessment for Specifies at Risk been completed? If so, have appropriate measures been incorporated into the plan to address Species at Risk on the property?

36. Has the EIS demonstrated that there is no net negative impact to any of the environmental features or functions on the property?

37. Have appropriate ecological buffers and/or setbacks from environmental features and functions been incorporated into the proposed amendments to the Official Plan and Zoning By-law?

38. Is the proposed removal of 7 hectare of significant woodland and proposed removal of a wetland on the site supportable?

39. Are the proposed roads and recreational trails permitted within the Hazard lands designation?

40. Has an appropriate Agriculture Impact Assessment been completed in order to justify the amendments to the Official Plan and Zoning By-law being sought

41. Does the proposed development result in fragmentation of the agricultural land base that is not permitted?

42. Are there compatibility concerns as between the proposed development and the existing or planned adjacent agricultural lands?

43. Does the proposal result in a loss of Prime Agricultural land?

44. Has an appropriate Agriculture Viability Report been completed in order to justify the amendments to the Official Plan and Zoning By-law being sought?

45. Is the proposed use, density and proximity of the proposed residential uses is compatible with existing and future land uses on adjacent and surrounding lands?

46. If the principle of development is approved what should the appropriate Holding provisions be?

47. If the principle of development is approved, do the proposed OPA and ZBA properly implement the proposed use?

48. Is the proposed development and implementing amendments to the Official Plan and Zoning By-law in the public interest and do they represent good planning?

The identification of an issue is not to be taken of the agreement of all parties that the issue is relevant to the proceedings or has been appropriately worded.

Attachment “3”

Order of Evidence

1. Thornbury Acres Holding Inc. and Kathleen Ann Houghton

2. Town of The Blue Mountains

3. County of Grey

4. Thornbury Acres Holding Inc. and Kathleen Ann Houghton (reply, if any)

Meaning of terms used in the Procedural Order:

A Party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other Parties, and making submissions on all of the evidence. An unincorporated group cannot be a Party and it must appoint one person to speak for it, and that person must accept the other responsibilities of a Party as set out in the Order. Parties do not have to be represented by a lawyer and may have an agent speak for them. The agent must have written authorization from the Party.

NOTE that a person who wishes to become a Party before or at the hearing, and who did not request this at the case management conference (CMC), must ask the Tribunal to permit this.

A Participant is an individual or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A Participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a Party may do so). Section 17 of the Ontario Land Tribunal Act states that a person who is not a Party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a Participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A Participant may also be asked questions by the Parties should the Tribunal direct a Participant to attend a hearing to answer questions on the content of their written submission.

A Participant must be identified and be accorded Participant status by the Tribunal at the CMC. A Participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A Participant cannot ask for costs, or review of a decision, as a Participant does not have the rights of a Party to make such requests of the Tribunal.

Written evidence includes all written material, reports, studies, documents, letters and witness statements which a Party or Participant intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.

Visual evidence includes photographs, maps, videos, models, and overlays which a Party or Participant intends to present as evidence at the hearing.

A witness statement is a short written outline of the person’s background, experience and interest in the matter; a list of the issues which he or she will discuss ; and a list of reports or materials that the witness will rely on at the hearing.

An expert witness statement should include his or her (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness’ opinions on those issues and the complete reasons supporting their opinions and conclusions and

(5) a list of reports or materials that the witness will rely on at the hearing. An expert witness statement must be accompanied by an acknowledgement of expert’s duty.

A Participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a statement of the Participant’s position on the appeal; a list of the issues which the Participant wishes to address and the submissions of the Participant on those issues; and a list of reports or materials, if any, which the Participant wishes to refer to in their statement.

Additional Information

A summons may compel the appearance of a person before the Tribunal who has not agreed to appear as a witness. A Party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons through a request. (See Rule 13 on the summons procedure.) The request should indicate how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the information provided in the request that the evidence is relevant, necessary or admissible, the Party requesting the summons

may provide a further request with more detail or bring a motion in accordance with the Rules.

The order of examination of witnesses is usually direct examination, cross- examination and re-examination in the following way:

• direct examination by the Party presenting the witness;

• direct examination by any Party of similar interest, in the manner determined by the Tribunal;

• cross-examination by Parties of opposite interest;

• re-examination by the Party presenting the witness; or

• another order of examination mutually agreed among the Parties or directed by the Tribunal.