Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
March 14, 2023
CASE NO(S).:
OLT-22-004020
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, C. P. 13, as amended
Appellant:
1077955 Ontario Inc.
Appellant:
2575950 Ontario Inc.
Appellant:
2595286 Ontario Inc.
Appellant:
Carson Reid Homes Ltd. & South Edge Ltd.
Appellant:
Gordon Street Inc.
Appellant:
Ikonkar Group Inc. and 2298667 Ontario Inc.
Appellant:
Neumann Group
Appellant:
Options for Homes
Appellant:
The Corporation of the Township of Puslinch
Appellant:
Thomasfield Homes Limited
Subject:
Proposed Official Plan Amendment No. 79
Municipality:
City of Guelph
OLT Lead Case No.:
OLT-22-004020
OLT Case No.:
OLT Case Name:
OLT-22-004020
Carson Reid Homes Ltd. & South Edge Ltd. V. Guelph (City)
Heard:
February 17, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel
Township of Puslinch
S. O’Melia
2021 Gordon Street Inc., 2093 Gordon Street Inc., Michael and Sarah Watt (“Gordon Street Inc.”)
S. Snider (J. Meader in absentia)
Herbert Neumann, Frank Cerniuk, Sieben Holdings Limited, H and J Produce Limited, McEnerny Industries Limited (“Neumann Group”)
S. Snider (J. Meader in absentia)
2575950 Ontario Inc.
S. Snider (J. Meader in absentia)
2595286 Ontario Inc. Pinegrove Developments Inc.
E. Davis and K. Thompson
Carson Reid Homes Ltd. South Edge Ltd.
E. Davis and K. Thompson
Ikonkar Group Inc. 2298667 Ontario Inc.
E. Davis and K. Thompson
Options for Homes for Non-Profit Corporation (Greater Toronto Area)
M. Schuman (C. MacDougall in absentia)
1077955 Ontario Inc.
R. Kehar (D. Baker in absentia)
Thomasfield Homes Ltd. Springfield Golf & Country Club
B. O’Callaghan (J. Fraser and E. Costello in absentia)
City of Guelph
P. Pickfield, A. Thornton, N. MacIssac (student-at-law)
Timberworx Custom Homes Inc.
J. Minnes
Foundation for the Support of International Medical Training Inc.
A. Baroudi
MEMORANDUM OF ORAL DECISION DELIVERED BY S. BRAUN ON FEBRUARY 17, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the second Case Management Conference (“CMC”) with respect to appeals of the adoption by the City of Guelph (“City”) of Official Plan Amendment No. 79 through By-law No. (2022)-20712 (“OPA 79”) introducing the Clair-Maltby Secondary Plan (“Secondary Plan”). The Secondary Plan deletes existing land use policies and designations that apply to the Clair-Maltby lands, amending schedules and adding a new Section to the City Official Plan (“OP”) that includes the new policies, schedules and corresponding definitions for the Secondary Plan. The appeals are brought pursuant to ss. 17(24) of the Planning Act (“Act”) by entities and property owners that are affected by OPA 79.
2At a previous CMC held before a Panel differently constituted, the Tribunal granted Party Status to Timberworx Custom Homes Inc. (“Timberworx”) and directed that it identify the appeals under which it intends to shelter pursuant to Rule 8.3 of the Tribunal’s Rules of Practice and Procedure. In addition, the Tribunal granted provisional Party Status to Foundation for the Support of International Medical Training Inc. (“Foundation”). This is because Thomasfield Homes and Options for Homes Non-Profit Corporation (Greater Toronto Area) had not fully reviewed, considered and formed a position on the Foundation’s request as a result of the request form having been filed late. Like Timberworx, the Foundation was directed to identify the appeals under which it intends to shelter and was informed that its request for status would be revisited at this CMC. The Panel also set the matter down for an 8-week Video Hearing commencing on January 22, 2024 at 10:00 a.m.
3In addition to revisiting the Foundation’s request for Party status and the identification of issues under which Timberworx and the Foundation propose to shelter, the purpose of today’s CMC was for the Parties to finalize a Procedural Order (“PO”) and Issues List (“IL”) and to provide an update with respect to the outcome of any settlement discussions.
THE FOUNDATION and TIMBERWORX
4In accordance with the Tribunal’s directions, both Timberworx and the Foundation provided a list of the issues under which they intend to shelter. There were no objections from any of the Parties in this regard and there were no objections to the Foundation’s request for status. As the Foundation owns lands located within the area to which the Secondary Plan applies, on consent the Tribunal granted the Foundation Party Status in these proceedings.
5Timberworx and the Foundation are reminded of Rule 8.3 (Non-Appellant Party) which states:
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.
MEDIATION, PROCEDURAL ORDER AND ISSUES LIST
6In advance of the CMC, the Parties submitted a draft PO which included an extensive and detailed IL. They advised that, despite having been able to agree upon and scope what had initially been a list of 400 issues for the upcoming hearing down to 140, there remained 13 outstanding issues upon which they have not been able to reach agreement (which were highlighted for the Tribunal’s reference).
7The Tribunal was further advised that these appeals have been scheduled for Tribunal-assisted mediation, which is to be held before a two-member panel over two sessions this coming spring and summer. It is the intention of the Parties to engage in further discussions with respect to those 13 outstanding issues during those sessions in the hopes of being able to reach agreement with respect to the remainder of the IL. As such, the Parties jointly requested approval of the draft PO and IL, save and except for those 13 outstanding highlighted issues, on which they reserve the right to make further submissions, if necessary, following the upcoming mediation.
8The Tribunal directed revisions to the draft PO in accordance with the recently updated standard PO, which obligates the Parties to notify the Tribunal at least 35 days in advance of the hearing if all dates set aside for the hearing will be required. The Parties were also directed to incorporate the list of issues under which Timberworx and the Foundation intend to shelter.
9At the request of counsel for Options for Homes for Non-Profit Corporation (Greater Toronto Area), some discussion ensued with respect to visual evidence and whether the PO should include an opportunity for Parties to reply to such evidence. Following the discussion, all Parties agreed that, in order to avoid unnecessary complication by allowing two separate opportunities for reply evidence, it would be prudent to simply shift deliverable deadlines within the PO such that all evidence (visual and otherwise) would be submitted in advance of the deadline for any reply evidence.
10The Parties revised and resubmitted a draft PO and IL on consent in accordance with the above directions and the Parties’ agreement on revised deliverable dates, which is appended as Schedule 1. The Tribunal is satisfied with the PO, which shall govern these proceedings leading up to and including the scheduled hearing.
NEXT HEARING EVENT
11At the request of the Parties, a subsequent CMC will be held by Video Hearing on September 5, 2023 at 10:00 a.m. The Parties will provide an update on the results of the mediation, including efforts to reach agreement upon the aforementioned 13 outstanding issues. At that time, if necessary, the Parties may make further submissions to, and seek direction from, the Tribunal on any issues which remain unsettled in order that the balance of the IL can be finalized and approved.
12Parties 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/765631861
Access Code: 765-631-861
13Parties 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.
14Persons 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: +1 (647) 497-9391 (Toll Free: 1-888-455-1389). The access code is 765-631-861.
15Individuals 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 CMC 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.
OTHER MATTERS
16The Tribunal inquired as to whether there were any other matters to be addressed which might assist in the fair, just and expeditious resolution of this matter. The Parties indicated there were none.
ORDER
17The Tribunal orders that:
a. Foundation for the Support of International Medical Training Inc. is a Party to this proceeding;
b. a further case management conference will be held on September 5, 2023 at 10:00 a.m.; and
c. this Member is not seized but may be available for case management should the Member’s schedule permit.
“S. Braun”
S. Braun
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.
SCHEDULE 1