Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 28, 2023
CASE NO(S).: OLT-23-000758
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Acorn NE Stouffville Inc.
Appellant: Northcape Investments Inc.
Subject: Proposed Official Plan Amendment No. 155 (Old Elm Major Transit Station Area)
Municipality: Town of Whitchurch-Stouffville
OLT Case No.: OLT-23-000758
OLT Lead Case No.: OLT-23-000758
OLT Case Name: Acorn NE Stouffville Inc. v. Whitchurch-Stouffville (Town)
Heard: November 29, 2023 by video hearing (“VH”)
APPEARANCES:
Parties
Counsel
Acorn NE Stouffville Inc. (Appellant)
Ian Andres
Northcape Investments Inc. (Appellant)
Sylvain Rouleau Raj Kehar (in ”absentia”)
Town of Whitchurch-Stouffville
Christina Kapelos Andrew Biggart (in “absentia”)
MEMORANDUM OF ORAL DECISION DELIVERED BY J. INNIS ON NOVEMBER 29, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) respecting an appeal by Acorn NE Stouffville Inc. and Northcape Investment Inc. and relates to lands known municipally as 12749, 12875, 12779 and 12811 Tenth Line, in the Town of Whitchurch-Stouffville (“Town”). The appeals arise under s. 17(36) of the Planning Act (“Act”), following a decision by the Town and the Region of York, as the approval authority, concerning Official Plan Amendment No.155 (“OPA 155”).
2Known as the Old Elm Study Area, OPA 155 was initiated by the Town and was intended to delineate the boundary for a Major Transit Station Area (“MTSA”), redesignate lands within the area, establish cohesive land area mapping that incorporates policies and provides design guidelines for a transit supportive development.
3The Region of York was not present at the CMC.
Service of Notice of CMC
4There is no issue with service of the Notice of this CMC, and so no further notice is required. The Tribunal is in receipt of the Affidavit of Service, which is marked as Exhibit 1.
Requests for Status
5The following were seeking Party status, own lands within and/or adjacent to the MTSA and had participated in the municipal planning process to adopt OPA 155:
- Ambria (Licolnville) Limited represented by Aaron Platt (in ‘absentia’) and Arti Sanichara;
- Andrin Investments Limited represented by Aaron Platt (in ‘absentia’) and Arti Sanichara;
- 2434981 Ontario Inc. represented by Andy Margaritis (in ‘absentia’), Michael Cook and Narmada Gunawardana;
- 26055552 Ontario Inc. represented by Raivo Uukkivi; and
- York Catholic School Board represented by Buck Sully
6As these Party Status requests arise from an appeal under s. 17 (36) of the Act, they are subject to Ontario Land Tribunal Act (“OLTA”), Rule 8.3:
A party to a proceeding before the Tribunal which arises under any of subsections 17(24) or (36), 34(19) or 51(39) of the Planning Act who is not an appellant of the municipal decision or enactment may not raise or introduce a new issue in the proceeding. The non-appellant party may only participate in these appeals of municipal decisions by sheltering under an issue raised in an appeal by an appellant party and may participate fully in the proceeding to the extent that the issue remains in dispute. A non-appellant party has no independent status to continue an appeal should that appeal be withdrawn by an appellant party.
On consent of the Parties, and in accordance with OLTA Rule 8.3, the Tribunal granted Non-Appellant Party status.
7No one else attended the CMC seeking either Party or Participant status.
NEXT STEPS
8Counsel for the Town advised the Tribunal that they would be seeking additional direction from Council at its next meeting scheduled December 6, 2023 and requested that a second CMC be scheduled for the purpose of establishing a draft Procedural Order (“PO”) and scheduling of a merit hearing.
9Given the addition of Non-Appellant Parties granted at this CMC, the Tribunal finds it prudent to schedule a second CMC to consider the contents of a draft PO and Issues List (“IL”). On consent, the Parties agreed to provide the Tribunal a draft PO and IL by Tuesday, January 9, 2024.
SECOND CMC
10Upon request of the parties, the Tribunal set a second CMC hearing commencing on Friday, January 12, 2024 at 10 a.m. by VH. No further Notice is required.
11Parties 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.
https://global.gotomeeting.com/join/979388733
Access code: 979-388-733
12Parties 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
13Persons 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.
14Individuals 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
15THE TRIBUNAL ORDERS its directions and rulings noted above.
16The Member is not seized but may be spoken to through the Case Coordinator if any issues arise.
“J. Innis”
J. Innis
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.