6324223 Canada Inc. et al. v. New Tecumseth (Town), 2023 CanLII 43657

ISSUE DATE: May 19, 2023

CASE NO(S).: OLT-21-001535

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

Appellant: 6324223 Ontario Inc

Appellant: Don Jerry, Terry Breedon & Paul Reid

Subject: Zoning By-law Amendment

Description: To permit implementation of comprehensive By-law No. 2021-128

Reference Number: BL 2021-128

Property Address: Town Wide

Municipality/UT: New Tecumseth/Simcoe

OLT Case No: OLT-21-001535

OLT Lead Case No: OLT-21-001535

OLT Case Name: 6324223 Canada Inc. et al. v. New Tecumseth (Town)

Heard: June 29, 2022 by Video Hearing

APPEARANCES:

Parties

Counsel

6324223 Canada Inc.

Justin C. Piersanti

Town of New Tecumseth

James J. Feehely

Colleen Butler

Don Jerry, Terry Breedon and Paul Reid

David Bronskill

DECISION DELIVERED BY JATINDER BHULLAR AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This was a Case Management Conference (“CMC”) held to review appeals against the enactment by the Town of New Tecumseth of its Comprehensive By-law No. 2021-128. This CMC arose from a previous CMC, during which the following was approved by the Tribunal:

The Comprehensive Zoning By-Law No. 2021-128 of The Corporation of the Town of New Tecumseth is hereby deemed to have come into force on the date of its passing, being September 13, 2021, save and except for the appealed portions of the said By-law, being the following:

a. Section 2.31 of the said By-Law entitled “Environmental Protection Overlay”, together with that portion of Schedule “B” to the said By- Law which is shown as “Subject to Environmental Protection Overlay”; and

b. The site-specific zoning for the property located at 689 Victoria Street East, Alliston, Ontario, zoned MC-3(H6) in Section 5.9.2 of the said By-Law, being an exception to the Major Commercial Zone.

2The Parties informed that they continue discussions towards resolving matters or minimizing issues to be addressed in possible hearing.

3The Parties also informed the Tribunal that the outcome of their other related appeal matter PL180947, which was scheduled for a Video Hearing for four days on November 7, 2022, would impact the matters in the appeal under OLT-21-001535.

4The Tribunal has been informed that the matter under PL180947/OLT-22-002259 has been adjourned sine die.

5As such, the processing of the matter beyond settlement discussions between the Parties is premature at the time of this Decision.

6THE TRIBUNAL ORDERS that the Parties shall provide a status update to the Tribunal within 90 days of the issuance of this Decision in the matter OLT-21-001535.

7This Member is not seized.

8This Member will provide Case Management support as appropriate.

“Jatinder Bhullar”

JATINDER BHULLAR

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.