Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 05, 2023
CASE NO(S).: OLT-22-004717
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: See Schedule 1
Subject: Official Plan Amendment
Description: To implement policy directions for the Trafalgar Secondary Plan through OPA (OPA 54)
Property Address: Lands within the Trafalgar Secondary Plan area
Municipality/UT: Milton/Halton
Municipal File No.: OPA No. 54
OLT Case No.: OLT-22-004717
OLT Lead Case No.: OLT-22-004717
OLT Case Name: Frontenac Forest Estates Inc. v. Halton (Region)
Heard: November 23, 2023 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Frontenac Forest Estates Inc. | Patrick Harrington |
| Milton P4 Trafalgar Landowners Group Inc. | Denise Baker |
| Varga Family Farm Partnership | Russell Cheeseman Stephanie Fleming |
| Manaman Developments (8th Line) Inc. | Russell Cheeseman Stephanie Fleming |
| 2076828 Ontario Limited and White Squadron Development Corporation | Anna Toumanians Scott Snider (in absentia) |
| Hannover Trafalgar Farms Limited, Milton Sheva Land Limited, York Trafalgar Golf Corporation and Comarin Corporation (Collectively, “York Trafalgar”) | Jessica Jakubowski Katarzyna Sliwa (in absentia) |
| Remington Trafalgar Inc. | David Bronskill |
| Town of Milton | David Neligan Eileen Costello (in absentia) |
| Halton Region | Isaac Tang Brett Davis |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. Dixon ON November 23, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the second Case Management Conference (“CMC”) held regarding appeals filed pursuant to s. 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended (“Act”), concerning Official Plan Amendment (“OPA”) No. 54 to the Town of Milton (“Town”) Official Plan.
2OPA No. 54 seeks to introduce the Trafalgar Secondary Plan (“Trafalgar SP”) for lands within the Town’s Urban Expansion Area and generally bounded by Derry Road to the north, Eighth Line to the east and the Greenbelt Plan Area to the southwest.
3The Trafalgar SP was adopted by the Town on March 25, 2019 and approved by the Region of Halton (“Region”), with modifications, on September 23, 2022. Seven appeals were subsequently filed by: (1) Frontenac Forest Estates Inc.; (2) Milton P4 Trafalgar Landowners Group Inc.; (3) 2076828 Ontario Limited and White Squadron Development Corporation; (4) York Trafalgar (comprised of Hannover Trafalgar Farms Limited, Milton Sheva Land Limited, York Trafalgar Golf Corporation, and Comarin Corporation); (5) Remington Trafalgar Inc.; (6) Varga Family Farm Partnership; and (7) Manaman Developments (8th Line) Inc.
4Appellants (1) through (5) above are collectively referred to as the “Landowners Group”. Appellants (6) and (7) are not part of the Landowners Group.
SETTLEMENT OPPORTUNITIES
5Counsel for the Town advised the Tribunal that productive without prejudice settlement discussions between the Town and the Landowners Group have resulted in a proposed set of modified policies that have been shared with all Parties for their consideration. The Town advised that the modified policies can be categorised as follows:
- Policies that are not proposed to be modified;
- Policies that are proposed to be modified on consent of the Town, Region and Landowners Group; and
- Policies that are proposed to be modified that require further discussion.
6It is the Town’s intent to bring forward a motion to the Tribunal seeking partial approval of the Trafalgar SP for any undisputed policies. Accordingly – and on consent of all Parties – the Town requested that the Tribunal schedule a Written Hearing date for consideration of motion materials in support of a partial settlement that would approve the Trafalgar SP in part.
7The Tribunal granted the request and set Friday, January 19, 2024 as a Written Hearing date to consider the settlement motion. The Tribunal further directed the Parties to submit all required motion materials for the Written Hearing no later than Friday, January 12, 2024.
THIRD CMC
8On consent of all Parties, the Town requested that a third CMC be scheduled in February 2024 to provide the Tribunal with an update on: (1) the potential need for additional written hearing days for further partial approval motions; and (2) the potential scoping of hearing dates for the Hearing that is currently scheduled for 10 weeks commencing May 6, 2024.
9The Tribunal granted the request and scheduled a third one-day CMC – to be held by Video Hearing – for Monday, February 26, 2024 at 10 a.m.
10Parties 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:
GoToMeeting: https://global.gotomeeting.com/join/656004293
Access Code: 656-004-293
11Parties 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: (Toll-Free) 1-888-299-1889 or +1 (647) 497-9373. The access code is as indicated above.
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 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.
PROCEDURAL ORDER AND ISSUES LIST
14Prior to this CMC, the Parties filed a Draft Procedural Order (“DPO”) and Draft Issues List (“DIL”) with the Tribunal. However, given the settlement discussions described above and the potential partial approval of the Trafalgar SP, the Parties anticipate that substantial changes to the DPO and DIL may be required, including revisions to the proposed dates for the exchange of witness statements and other materials.
15Accordingly, the Tribunal directed the Parties to submit a revised DPO and DIL to the Tribunal by no later than Thursday, February 22, 2024. The revised DPO and DIL will then be considered by the Tribunal at the third CMC scheduled for February 26, 2024.
ORDER
16THE TRIBUNAL ORDERS that motion materials pertaining to the partial approval of Official Plan Amendment No. 54 to the Town of Milton Official Plan be submitted to the Tribunal no later than Friday, January 12, 2024. A Written Hearing date has been scheduled for Friday, January 19, 2024.
17THE TRIBUNAL ORDERS that an updated Draft Procedural Order and Draft Issues List be submitted to the Tribunal for consideration no later than Thursday, February 22, 2024.
18THE TRIBUNAL ORDERS that a third Case Management Conference will be held by Video Hearing on Monday, February 26, 2024 at 10 a.m.
19There will be no further notice.
20This Member is not seized.
“S. Dixon”
S. DIXON
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.
SCHEDULE 1
Appellants
- Frontenac Forest Estates Inc.
- Milton P4 Trafalgar Landowners Group Inc.
- 2076828 Ontario Limited and White Squadron Development Corporation
- Hannover Trafalgar Farms Limited, Milton Sheva Land Limited, York Trafalgar Golf Corporation, and Comarin Corporation (collectively, “York Trafalgar”)
- Remington Trafalgar Inc.
- Frank Varga and the Varga Family Farm Partnership
- Manaman Developments (8th Line) Inc.