du territoire
Ontario Land Tribunal
Tribunal ontarien de l’aménagement
ISSUE DATE:
December 28, 2023
CASE NO(S).:
OLT-23-000796
OLT-23-000517
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant:
Bond Head Properties Eight Inc.
Applicant:
2716015 Ontario Inc.
Subject:
Proposed Official Plan Amendment
Description:
To permit the realignment of Fraser Creek, a tributary of the West Holland River, and permit construction of a one-storey warehouse facility and two accessory buildings.
Reference Number:
BWG-OPA-23001
Property Address:
Various Addresses
Municipality/UT:
Bradford West Gwillimbury/Simcoe
OLT Case No:
OLT-23-000796
OLT Lead Case No:
OLT-23-000796
OLT Case Name:
Bond Head Properties Eight Inc. v. Bradford West Gwillimbury (Town)
PROCEEDING COMMENCED UNDER section 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant:
Bond Head Properties Eight Inc.
Applicant:
2716015 Ontario Inc.
Subject:
Zoning By-law Amendment
Description:
To permit the realignment of Fraser Creek, a tributary of the West Holland River, and permit construction of a one-storey warehouse facility and two accessory buildings
Reference Number:
D14-22-09
Property Address:
Various Addresses
Municipality/UT:
Bradford West Gwillimbury/Simcoe
OLT Case No:
OLT-23-000517
OLT Lead Case No:
OLT-23-000796
Heard:
December 13, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel
Town of Bradford West Gwillimbury (“Town”)
L. Longo
2716015 Ontario Inc. (“Applicant”)
I. Kagan
Bond Head Properties Eight Inc. (“Appellant”)
M. Cook S. Rosenthal (“in absentia”)
County of Simcoe (“County”)
L. Longo Z. Walpole (“in absentia”)
MEMORANDUM OF ORAL DECISION DELIVERED BY S. L. DIONNE ON DECEMBER 13, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) in relation to appeals by Bond Head Properties Eight Inc. (“Appellant”) pursuant to s. 17(36) and s. 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended, (“Act”) with respect to applications for Official Plan Amendment (“OPA”) and Zoning By-law Amendment (“ZBA”) affecting lands municipally known as 2319, 2329, 2249, 2261, 2279 5th Sideroad AND 3603, 3651, 3695 Line 6, all in the Town of Bradford West Gwillimbury, in the County of Simcoe (“Subject Lands”).
22716015 Ontario Inc. (“Applicant”) is an International Trucking Company with plans to build a Head Office in the Greater Golden Horseshoe Area. The OPA and ZBA applications would facilitate the development of employment uses consisting of a warehouse, office, shipping office, wash/inspection facility, and a repair facility related to the storage and shipment of goods on the Subject Lands. There is an associated application for Site Plan Approval that is not before the Tribunal.
3The Subject Lands are approximately 40 Hectares in area, located in a strategic employment lands area immediately west of Highway No. 400.
4On May 2, 2023, the Council of the Town of Bradford West Gwillimbury (“Town”) passed a by-law adopting the OPA to implement policies that permit the re-alignment of Fraser Creek, which runs through the Subject Lands, by way of a ZBA. Zoning By-law Amendment No. 2023-37 to rezone the Subject Lands was also passed at that time.
5The County of Simcoe is the approval authority for the OPA and approved Amendment No. 1 to the Town of Bradford West Gwillimbury Official Plan without modification on July 20, 2023.
6The Appellant owns lands to the immediate south of the Subject Lands and made oral and/or written submissions outlining its concerns to the County and Town before the adoption of the OPA and passing of the ZBA.
PROCEDURAL MATTERS
7The Affidavit of Service dated November 8, 2023, confirming that Notice of this CMC was properly given, is marked as Exhibit 1. No further Notice is required.
8Mr. Longo, Counsel for the Town, advised the Tribunal that he had been asked by the County to serve as its Agent in the proceedings, and that the County is prepared to allow the Town to call whatever evidence is necessary in support of the OPA.
REQUEST FOR STATUS
9The Tribunal received a written request for Participant status in advance of the CMC from the Lake Simcoe Region Conservation Authority (“LSRCA”). LSRCA was granted Participant status on consent of all Parties.
SETTLEMENT OPPORTUNITIES
10The Tribunal heard from Counsel for the Parties that there are on-going discussions and that a settlement may be possible. The Parties agree that a second CMC be scheduled for early February 2024, and in the event the discussions are successful the CMC could be converted to a settlement hearing.
11Based on the submissions of Counsel, the Tribunal has withheld its offer of Tribunal-led mediation pending the outcome of those discussions.
NEXT STEPS
12The Tribunal relied on the spirit of cooperation exhibited amongst the Parties in this proceeding. The Tribunal directs the Parties, in the event the matters are not settled, to prepare a Draft Procedural Order and Issues List, and to submit same by no later than 4:30 p.m. on Tuesday, January 30, 2024.
13The Tribunal scheduled a full-day second CMC commencing on Friday, February 9, 2024 at 10 a.m. by way of video conference. In the event the Parties reach a settlement, the Parties are directed to submit a request to convert the second CMC to a settlement hearing, on or before Tuesday, January 30, 2024.
14Parties 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:
https://global.gotomeeting.com/join/709076365
Access code: 709-076-365
15Parties are asked to access and setup the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application 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 1-888-299-1889 or +1 (647) 497-9373. 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 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.
18The Tribunal inquired as to whether there were any other matters to be addressed and the Parties indicated there were none.
ORDER
19THE TRIBUNAL ORDERS:
a. The directions and rulings on Participant status as set out above.
b. The second CMC is scheduled for Friday, February 9, 2024, at 10 a.m. by video conference.
c. The directions as contained in this Decision.
20No further notice will be given.
21This Member is not seized, however will remain available for case management subject to the Tribunal’s calendar.
“S. L. Dionne”
S. L. DIONNE
MEMBER
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.