Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 13, 2023
CASE NO(S).: OLT-22-004820
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: 1063755 Ontario Ltd.
Appellant: Municipality of West Grey
Subject: Proposed Official Plan Amendment No. 11
Description: To implement the 2021 Growth Management Strategy and additional housekeeping changes
Property Address: Grey County Wide Amendment
Municipality/UT: County of Grey
Reference Number: Grey County OPA #11; Grey County By-law 5145-22
OLT Case No.: OLT-22-004820
OLT Lead Case No.: OLT-22-004820
OLT Case Name: 1063755 Ontario Ltd v. Grey (County)
Heard: April 12, 2023 via Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| 1063755 Ontario Limited (Magwood Family Farms) | Micah Goldstein and Denise Baker (in absentia) |
| Municipality of West Grey | Leo Longo |
| County of Grey | Sarah Hahn and Matt Hodgson |
MEMORANDUM OF ORAL DECISION DELIVERED BY SHARYN VINCENT ON APRIL 12, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference to organize appeals brought against Official Plan Amendment 11 (“OPA”) adopted by the County of Grey to prescribe policies with respect to the direction of future growth. Appeals have been brought by 1063755 Ontario Limited (“Magwood Family Farms”) and the Municipality of West Grey, and in particular, against policies 3.4(21), 3.4(5) , 3.5.1(3), 3.5.1(4) as referenced on Schedule A-5, 3.4.3, and Schedule A-5.
2The Affidavit of Service was filed and marked as Exhibit 1.
3A request for Party status was filed on behalf of the Town of Hanover, seeking to shelter as a Non-Appellant Party under the issues of the two Appellants, and generally in support of the OPA as adopted.
4It was the position of Magwood Family Farms (“Magwood”) that the Town failed to meet the threshold of the Tribunal’s Rules of Practice and Procedure 8.2 in that the participation or presence of the Town was not necessary for the Tribunal to “effectively and completely:” adjudicate on the issues under appeal, as the onus lies squarely with the County, as the approval authority, to provide all necessary evidence to support the adoption of OPA 11. The involvement of the Town, would therefore in the submission of Magwood, be duplicative, and contrary to the mandate to fairly and expeditiously adjudicate appeals, and should therefore be denied.
5In the alternative, Magwood requested that the Tribunal direct the request for Party status to a Motion, an alternative not contested by the statutory Parties.
6No discussion was pursued, nor determination made on the draft Issue List which had been filed, recognizing the determination of the Town’s involvement to be a threshold issue to finalizing a Procedural Order and determining hearing dates.
7Accordingly, a Motion date was scheduled returnable Thursday, May 18, 2023, commencing at 10 a.m., for the Tribunal to hear oral submission on the request for Party Status.
8Parties 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/687587165
Access code: 687-587-165
9Parties 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
10Persons 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) 497-9373 or Toll Free 1-888-299-1889. The access code is 687-587-165.
11Individuals 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
12THE TRIBUNAL HEREIN ORDERS that the request for Party status on behalf of the Town of Hanover in this proceeding be determined via Motion to be argued on the date and at the time set out above.
13The Member is not seized but will continue to case manage these appeals.
14No further notice is required.
“Sharyn Vincent”
SHARYN VINCENT
VICE-CHAIR
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.