Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 28, 2023
CASE NO(S).: OLT-22-004564
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: 2109179 Ontario Inc.
Subject: Application to amend the Zoning By-law – Refusal of application
Description: To permit the continued use of an existing portable dry batch concrete production plant and to add an additional second outdoor portable concrete production plant.
Reference Number: Z.20.018
Property Address: 3501 King Vaughan Road
Municipality/UT: Vaughan/York
OLT Case No: OLT-22-004564
OLT Lead Case No: OLT-22-004564
OLT Case Name: 2109179 Ontario Inc. v. Vaughan (City)
Heard: February 15, 2023 by video hearing
APPEARANCES:
Parties
Counsel
2109179 Ontario Inc.
Robert Miller
Grace O’Brien
City of Vaughan
Marc Kemerer
Zaynab Al-Waadh
MEMORANDUM OF ORAL DECISION DELIVERED BY T.F. NG ON FEBRUARY 15, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) for the appeal held as a video hearing.
22109179 Ontario Inc. (“Applicant/Appellant”) has submitted a rezoning application to permit the continued use of an existing portable dry batch concrete production plant and to add an additional second outdoor portable concrete production plant at 3501 King Vaughan Road (“subject property”).
3The Affidavit of Service and Notice of CMC is on the Tribunal’s file and now marked as Exhibit 1.
PARTY/PARTICIPANT STATUS
4There were no party or participant status requests received.
MEDIATION
5Counsel stated that they did not have instructions for mediation. However, parties will continue to hold discussions and scope issues which may hopefully lead to a resolution. At present, parties are preparing for hearing.
DRAFT ISSUES LIST AND DRAFT PROCEDURAL ORDER
6Mr. Miller, Counsel for the Applicant, referred to the Draft Procedural Order (“PO”) and the Draft Issues List that were furnished on the morning of the CMC. Counsel for the City, Marc Kemerer confirmed that the parties will be reviewing the PO and scope the issues which are now broadly stated.
7The Applicant expects to call six expert witnesses while the City will call two experts. Counsel requested for a ten (10)-day hearing to be fixed.
8The Tribunal will fix ten days for hearing the appeal.
9Parties are directed to forward the PO with all timelines filled in together with the list of issues, which shall be provided to the Case Coordinator on or before Wednesday, March 1, 2023. Parties to scope issues and endeavour to reduce the number of hearing days scheduled, if possible.
HEARING DETAILS
10A ten-day Hearing is scheduled to commence at 10 a.m. on Monday, May 8, 2023 to Friday, May 19, 2023 by video hearing:
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://meet.goto.com/278736685 Access code: 278-736-685
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 1 888 455 1389 or +1 (647) 497-9391. The Access Code is 278-736-685.
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 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.
ORDER
15The Tribunal orders as follows:
a. The Hearing is scheduled for ten days by video from Monday, May 8, 2023 to Friday, May 19, 2023.
b. The parties shall provide the Procedural Order to the Case Coordinator on or before Wednesday, March 1, 2023.
c. The Procedural Order shall govern the proceedings.
16There will be no further notice.
17The Member is not seized.
18The Tribunal so orders.
“T.F. Ng”
T.F. ng
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.