Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
April 14, 2023
CASE NO(S).:
OLT-22-004717
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
Please see Schedule 1
Subject:
Official Plan Amendment
Description:
To implement policy directions for the Trafalgar Secondary Plan through OPA (OPA 54)
Property Address:
Lands within the Trafalgar Secondary Plan area
Municipality/UT:
Milton/Halton
Municipal File No.:
OPA No. 54
OLT Case No.:
OLT-22-004717
OLT Lead Case No.:
OLT-22-004717
OLT Case Name:
Frontenac Forest Estates Inc. v. Halton (Region)
Heard:
March 23, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel
Frontenac Forest Estates Inc.
Patrick Harrington
Milton P4 Trafalgar Landowners Group Inc.
Denise Baker
Varga Family Farm Partnership
Stephanie Fleming
Russell Cheeseman (in absentia)
Manaman Developments (8th Line) Inc.
Stephanie Fleming
Russell Cheeseman (in absentia)
2076828 Ontario Limited and White Squadron Development Corporation
Anna Toumanians
Scott Snider (in absentia)
Hannover Trafalgar Farms Limited, Milton Sheva Land Limited, York Trafalgar Golf Corporation and Comarin Corporation
(Collectively, “York Trafalgar”)
Katarzyna Sliwa
Jessica Jakubowski
Remington Trafalgar Inc.
David Bronskill
Town of Milton
David Neligan
Eileen Costello (in absentia)
Halton Region
Isaac Tang
MEMORANDUM OF ORAL DECISION DELIVERED BY S. DIXON AND STEVEN COOKE ON MARCH 23, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
Background
1This Decision arises from the first Case Management Conference (“CMC”) held in preparation of a hearing on the merits of seven appeals filed pursuant to s. 17(36) of the Planning Act in relation to Official Plan Amendment (“OPA”) No. 54 to the Town of Milton (“Town”) Official Plan.
2OPA No. 54 seeks to introduce the Trafalgar Secondary Plan (“Trafalgar SP”) for lands within the Urban Expansion Area and generally bounded by Derry Road to the north, Eighth Line to the east and the Greenbelt Plan Area to the southwest.
3The Trafalgar SP was adopted by the Town on March 25, 2019 and approved by the Region of Halton, with modifications, on September 23, 2022. Appeals were subsequently filed by various landowners and landowner groups within the secondary plan area.
4An Affidavit of Service was received by the Tribunal and marked as Exhibit 1 to these proceedings.
Procedural Order & Issues List
5Prior to the CMC, the Parties filed a draft Procedural Order and a combined Issues List with the Tribunal. The Parties advised the Tribunal that the Issues List has not been finalized and requested an additional 30 days to consolidate the issues amongst Parties to ensure there is no duplication.
Second CMC AND HEARING DATES
6A second CMC was requested in September 2023 to provide the Parties with opportunities to explore a full or partial settlement of the appeals, including the potential resolution of certain issues.
7The Tribunal scheduled a second CMC for Tuesday, September 26, 2023 and directed that the Parties prepare a draft Hearing Plan for the Tribunal’s consideration in advance of that date.
8In consideration of the number of Parties involved in these proceedings and the number and types of witnesses that are anticipated being called at a hearing, the Parties requested a 10-week hearing commencing in May 2024. The Tribunal granted this request and scheduled a 10-week hearing commencing on Monday, May 6, 2024.
9The CMC and hearing are scheduled to proceed by video as follows:
September 26, 2023 at 10 a.m. (one-day CMC) GoTo Meeting: https://meet.goto.com/278736685 Access code: 278-736-685 Audio-only telephone line: +1 (647) 497-9391 or Toll-Free 1 888 455 1389 Audio-only access code: as indicated above
May 6, 2024 at 10 a.m. (10-week hearing) GoTo Meeting: https://global.gotomeeting.com/join/914098901 Access code: 914-098-901 Audio-only line: +1 (647) 497-9373 or Toll-Free 1-888-299-1889 Audio-only access code: as indicated above
10Parties are asked to log on to the video hearing at least 15 minutes before the start of the event to test their video and audio connections.
11Parties 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.
12Persons 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.
13Individuals 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
14THE TRIBUNAL ORDERS that an updated draft Procedural Order and finalized Issues List are to be submitted to the Tribunal for consideration no later than Friday, April 28, 2023.
15THE TRIBUNAL ORDERS that a second Case Management Conference will be held by video hearing on Tuesday, September 26, 2023 at 10:00 a.m. The Parties will submit a draft Hearing Plan to the Tribunal in advance of that date.
16THE TRIBUNAL ORDERS that a hearing on the merits will commence by video hearing on Monday, May 6, 2024 at 10:00 a.m. 10 weeks have been set aside for the hearing.
17There will be no further notice.
18The Panel is not seized.
“S. Dixon”
S. DIXON
MEMBER
“Steven Cooke”
STEVEN COOKE
VICE-CHAIR
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.
SCHEDULE 1
Appellants
1
Frontenac Forest Estates Inc.
2
Milton P4 Trafalgar Landowners Group Inc.
3
Frank Varga and the Varga Family Farm Partnership
4
Manaman Developments (8th Line) Inc.
5
2076828 Ontario Limited et al.
6
Hannover Trafalgar Farms Limited et al.
7
Remington Trafalgar Inc.