Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: February 24, 2023

CASE NOS.: OLT-22-004300 OLT-22-004276

PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Appellant/Applicant: 1571145 Ontario Limited Appellant: Jim Graham Subject: Proposed Official Plan Amendment Description: To permit the development of two 5-storey apartment buildings with a total of 152 units. Reference Number: 39-MC-OPA46 Property Address: 22447 Komoka Road Municipality/UT: Middlesex Centre/Middlesex OLT Case No: OLT-22-004300 OLT Lead Case No: OLT-22-004300 OLT Case Name: 1571145 Ontario limited v. Middlesex (County)

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Appellant/Applicant: 1571145 Ontario Limited Appellant: Jim Graham Subject: Zoning By-law Description: To permit the development of two 5-storey apartment buildings with a total of 152 units. Reference Number: ZBA-20-2019 Property Address: 22447 Komoka Road Municipality/UT: Middlesex Centre/Middlesex OLT Case No: OLT-22-004276 OLT Lead Case No: OLT-22-004300

BEFORE: ERIC S. CROWE MEMBER Friday, the 24th day of February, 2023

THIS MATTER having come on for public hearing, and the Tribunal having issued its Decision on February 21, 2023, with the Procedural Order attached;

AND THE TRIBUNAL having received a request on consent of the Parties to amend several of the dates contained in the Procedural Order;

THE TRIBUNAL ORDERS that the following dates from the Procedural Order are amended and the amended Procedural Order is attached herein as Schedule 1:

1. Parties to file a Statement of Agreed Facts and Issues with the OLT case co-ordinator (paragraph 10) changed from July 15, 2023 to July 17, 2023;

2. Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidenced in accordance with paragraph 22 below (paragraph 17) changed from August 19, 2023 to August 21, 2023.

"Euken Lui" EUKEN LUI ACTING 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.

SCHEDULE 1

ISSUE DATE: CASE NO(S).:

PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Applicant/Appellant: 1571145 Ontario Limited Appellant: Jim Graham Subject: Proposed Official Plan Amendment Description: To permit the development of two 5-storey apartment buildings with a total of 152 units Reference No.: 39-MC-OPA46 Property Address: 22447 Komoka Road Municipality/UT: Middlesex Centre/Middlesex OLT Case No.: OLT-22-004300 OLT Lead Case No.: OLT-22-004300 OLT Case Name: 1571145 Ontario Limited v. Middlesex (County)

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c.P. 13, as amended

Applicant/Appellant: 1571145 Ontario Limited Appellant: Jim Graham Subject: Proposed Zoning By-law Amendment Description: To permit the development of two 5-storey apartment buildings with a total of 152 units Reference No.: ZBA-20-2019 Property Address: 22447 Komoka Road Municipality/UT: Middlesex Centre/Middlesex OLT Case No.: OLT-22-004276 OLT Lead Case No.: OLT-22-004300 OLT Case Name: 1571145 Ontario Limited v. Middlesex Centre

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. The video hearing will begin on September 18, 2023 at 10:00 a.m.

3. The parties’ initial estimation for the length of the hearing is 5 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 (see the sample procedural order for the meaning of these terms).

5. The issues 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 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (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. 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.

8. 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.

Requirements Before the Hearing

9. 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 June 20, 2023 and in accordance with paragraph 22 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.

10. Expert witnesses in the same field shall have a meeting on or before July 5, 2023 and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before July 17, 2023.

11. 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 13 below. Instead of a 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.

12. Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s evidence as in paragraph 13 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 13 below.

13. On or before July 20, 2023, the parties shall provide copies of their witness and expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 22 below.

14. On or before July 20, 2023, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 22 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

15. On or before August 14, 2023 the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

16. On or before September 8, 2023, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 22 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

17. On or before August 21, 2023 the parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidenced in accordance with paragraph 22 below.

18. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before September 8, 2023.

19. 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.

20. 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 at least 7 days before the hearing that the written evidence is not part of their record.

21. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before September 11, 2023 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 chief, cross-examination and re-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.

22. All filings shall be submitted electronically and in hard copy. 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.

23. A Summary of Filing Dates is set out in Attachment 4.

24. 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.

This Member is not seized.

So orders the Tribunal.

BEFORE: Name of Member: Date:

TRIBUNAL REGISTRAR

ATTACHMENT 1 – PARTIES

Party 1571145 Ontario Limited

Representative/Contact Information Baroudi Law Professional Corporation 902 Thistleridge Crescent London, ON N6K 0B8 Analee Baroudi T: 519-200-3776 E: analee@baroudilaw.ca

Party Jim Graham

Representative/Contact Information Wood Bull LLP 65 Queen Street West, Suite 1400 Toronto, ON M5H 2M5 Kim Mullin/Kevin Pirak T: 416-203-5655/416-203-5634 E: kmullin@woodbull.ca/kpirak@woodbull.ca

Party Municipality of Middlesex Centre

Representative/Contact Information Middlesex County Barrister & Solicitor’s Office 399 Ridout Street North London, ON N6A 2P1 Wayne Meagher T: 519-434-7321 x 2283 E: wmeagher@middlesex.ca

Party County of Middlesex

Representative/Contact Information Middlesex County Barrister & Solicitor’s Office 399 Ridout Street North London, ON N6A 2P1 Wayne Meagher T: 519-434-7321 x 2283 E: wmeagher@middlesex.ca

ATTACHMENT 2 – ISSUES LIST

Issues List for OPA/ZBA Appeals Filed by Jim Graham

1. Do the proposed official plan amendment and zoning by-law amendment have appropriate regard for all of the matters of provincial interest set out in section 2 of the Planning Act and, in particular, subsections 2(a), 2(h) and 2(o)?
2. Are the proposed official plan amendment and proposed zoning by-law amendment consistent with the Provincial Policy Statement, 2020, particularly policy 1.6.6.7 and 2.2.1?
3. Do the proposed official plan and amendment and zoning by-law amendment conform with the County of Middlesex Official Plan, particularly policy 2.3.7.3?
4. Does the proposed zoning by-law amendment conform with the Municipality of Middlesex Centre Official Plan, particularly policies 5.1.1, 5.1.4 and 5.7.11?
5. Does the proposed official plan amendment conform with the desired urban structure established by the Komoka-Kilworth Secondary Plan?
6. Is the proposed development compatible with neighboring properties?
7. Will the proposed development result in adverse drainage impacts on neighbouring properties?
8. Does the proposed development conform with the Middlesex Centre Settlement Area Stormwater Master Plan and Stormwater Management Policy Manual?
9. Does the proposed development represent good planning?

Issues List for OPA/ZBA Appeals Filed by 1571145 Ontario Limited

Land Area Subject to the OPA and ZBA

1. Is Council’s decision to exclude the pond area on the Subject Lands from the proposed medium density designation and from the proposed Urban Residential Third Density (UR3) zone consistent with sections 1.1.1, 1.1.2, 1.1.3.2, 1.1.3.6, 1.4.1, and 1.4.3 of the Provincial Policy Statement 2020?
2. Does Council’s decision to exclude the pond area on the Subject Lands from the proposed medium density designation and from the proposed Urban Residential Third Density (UR3) zone conform to the Middlesex Centre Official Plan?
3. Does Council’s decision to exclude the pond area on the Subject Lands from the proposed medium density designation and from the proposed Urban Residential Third Density (UR3) zone represent sound land use planning?
4. If the answer to questions 1, 2 and 3 are “yes”, should the exact area of land subject to the OPA and ZBA be specified in these instruments?
5. If the answer to question 4 is “yes”, what area of land should be subject to and specified the OPA and ZBA?

Special Provisions in the ZBA

6. Do the following special provisions in the ZBA represent sound land use planning?
   1. Section 2(b), which establishes a minimum rear yard setback of 15m
   2. Section 2(c), which establishes a maximum height of four storeys to a maximum of 15 metres
   3. Section 2(d), which establishes a maximum density of 50 units per hectare

ATTACHMENT 3 – ORDER OF EVIDENCE

1. 1571145 Ontario Limited (Applicant/Appellant)
2. Jim Graham
3. Municipality of Middlesex Centre and County of Middlesex (Experts Panel)

ATTACHMENT 4 – SUMMARY OF FILING DATES

Date	Event
June 20, 2023	Exchange of witness lists (names, disciplines and order to be called)
July 5, 2023	Expert meetings prior on or before this date
July 17, 2023	Agreed statement of expert witnesses (if any)
July 20, 2023	Exchange of witness statements and participant statements, summonsed witness outlines and participant statements
August 14, 2023	Parties to advise if all hearing days required
August 21, 2023	Exchange of reply witness statements
September 8, 2023	Exchange of visual evidence
September 8, 2023	Finalize joint document book
September 11, 2023	Hearing plan filed with Tribunal
September 18, 2023	Hearing commences