Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: May 15, 2023

CASE NO(S).: OLT-22-004566

PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: Rowhedge Construction Ltd.

Subject: Site Plan

Description: To permit construction of two industrial buildings

Reference Number: SP1215.004/01

Property Address: 45 and 55 William Halton Parkway East

Municipality: Town of Oakville

OLT Case No.: OLT-22-004566

OLT Lead Case No.: OLT-22-004566

OLT Case Name: Rowhedge Construction Ltd. v. Oakville (Town)

Heard: April 25, 2023 via Video Hearing

APPEARANCES:

Parties	Counsel*/Representative
Rowhedge Construction Ltd.	Russell Cheeseman and Stephanie Fleming
Town of Oakville	Jennifer Huctwith
Region of Halton	Brittany Maione

MEMORANDUM OF ORAL DECISION DELIVERED BY N. EISAZADEH AND STEVEN COOKE ON APRIL 25, 2023 AND ORDER OF THE TRIBUNAL

1This is the second Case Management Conference ("CMC") respecting an appeal by Rowhedge Construction Ltd. ("Appellant") pursuant to s. 41(12) of the Planning Act ("Act") with respect to the Town of Oakville's ("Town") failure to make a decision within the required timeframe on the Appellant's proposed application for a Site Plan.

2The proposed development is to construct two industrial buildings with total combined Gross Floor Area ("GFA") of 33,603.40 square meters ("sq m"), located at 45 and 55 William Halton Parkway East ("Subject Property") in Oakville.

3Since the first CMC, the Region of Halton ("Region") has been provided proper service of Notice of this CMC and now seeks Party Status. The Tribunal is satisfied that the Subject Property accesses onto a regional road, is subject to the Region's Official Plan ("Region OP") and that the Region's interest in the matter properly relates to conformity with the Region OP regarding site servicing and transportation matters. The statutory parties also consenting, the Tribunal Orders that the Region of Halton is granted Party Status in this proceeding.

4At the first CMC, the Parties were awaiting an announcement from the Province respecting its consideration of revocation of the Parkway Plan, which would remove the Subject Property from the Parkway Plan designation and eliminate one of the issues. That decision by the Province has yet to be made. The Parties anticipate a formal announcement on the decision will be made soon and requested that a 2-day Hearing of the Merits be scheduled in late-July.

5The Parties have filed a draft Procedural Order ("PO") inclusive of an itemized Issues List ("IL"). While the Appellant felt that some of the issues may not be appropriate on a site plan appeal, the Parties ultimately agreed that they were collaboratively working towards resolving the issues, or at least narrowing them down to a very few. The PO, as agreed between the Parties and approved by the Tribunal, is attached to this decision as Schedule 1.

6It bears mentioning that the Parties were made aware of the availability of Tribunal assisted mediation at the first CMC, and they may contact the case coordinator should they wish to avail themselves of this resource.

7In reviewing the setting of a Merit Hearing, the Parties agreed that they could conclude their respective cases within two days, collectively. The Tribunal approves and Orders that a 2-day hearing is set which will be held by video hearing commencing on Thursday July 27, 2023, at 10:00 a.m.

8Parties are asked to log into these video hearings at least 15 minutes before the start of the event to test their video and audio connections:

GoTo Meeting: https://global.gotomeeting.com/join/719383509

Access code: 719-383-509

9Parties and Participants are asked to access and set up the application well in advance of the events to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available at: 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: 719-383-509.

11Individuals are directed to connect to the events on the assigned dates at the correct times. It is the responsibility of the persons participating in hearing events by video to ensure that they are properly connected at the correct time. Questions prior to these hearing events may be directed to the Tribunal's Case Coordinator having carriage of this case.

12The 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.

13No further notice of the Merit Hearing will be provided.

14The Panel Members are not seized but remain available through the Case Coordinator should the need arise.

15So Orders the Tribunal.

"N. Eisazadeh" N. EISAZADEH MEMBER

"Steven Cooke" STEVEN COOKE 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.

Schedule 1

ONTARIO LAND TRIBUNAL

PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Applicant and Appellant: Rowhedge Construction Ltd. Subject: Site Plan Description: To permit construction of two industrial buildings Reference Number: SP1215.004/01 Property Address: 45 and 55 William Halton Parkway East Municipality/UT: Town of Oakville OLT Case No.: OLT-22-004566 OLT Lead Case No.: OLT-22-004566 OLT Case Name: Rowhedge Construction Ltd. v. Oakville (Town)

PROCEDURAL ORDER

1. The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties' request or its own motion.

Organization of the Hearing

2. The video hearing will begin on Thursday, July 27, 2023, at 10:00 a.m.

3. The parties' initial estimation for the length of the hearing is two (2) days. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.

4. The parties and participants identified at the case management conference are set out in Attachment 1 (see the sample procedural order for the meaning of these terms).

5. The issues are set out in the Issues List attached as Attachment 2. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.

6. The order of evidence shall be as set out in Attachment 3 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties' consent, subject to the Tribunal's approval, or by Order of the Tribunal.

7. Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative's name, address, email address and the phone number as soon as possible.

8. Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal's Video Hearing Guide, available on the Tribunal's website.

Requirements Before the Hearing

9. A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of the witnesses and the order in which they will be called. This list must be delivered on or before Friday, May 26, 2023 and in accordance with paragraph 22 below. A party who intends to call an expert witness must include a copy of the witness' Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.

10. Expert witnesses in the same field shall have a meeting on or before Friday, June 9, 2023 and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts' meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before Friday, June 16, 2023.

11. An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 13 below. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert's testimony.

12. Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert's evidence as in paragraph 13 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness' evidence, as in paragraph 13 below.

13. On or before Friday, June 30, 2023, the parties shall provide copies of their [witness and] expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 22 below.

14. On or before Friday, June 30, 2023, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 22 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

15. On or before Friday, June 30, 2023, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

16. On or before Friday, July 14, 2023, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 22 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

17. Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence on or before Friday, July 7, 2023 and in accordance with paragraph 22 below.

18. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before Friday, July 21, 2023.

19. A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal's Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.

20. A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.

21. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before Friday, July 21, 2023 with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.

22. All filings shall be submitted electronically and in hard copy. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7.

23. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal's Rule 17 applies to such requests.

This Member is not seized.

So orders the Tribunal.

Attachment 1

PARTIES

1. Rowhedge Construction Inc.
2. Town of Oakville
3. Region of Halton

PARTICIPANTS

1. NONE

Attachment 2

Town of Oakville Issues List

1. Would the proposed development conform or not conflict with the Parkway Belt West Plan as required by Section 3(5) of the Planning Act, R.S.O. 1990, c. P.13? Would the approval of the site plan be premature prior to the removal of the lands from Parkway Belt West Plan?

2. Does the proposed configuration of the buildings and loading bays allow for appropriate access to public stormwater infrastructure within the site? Are changes to the site plan, conditions or revisions to existing easements related to the public stormwater pipe required to protect municipal access to the public stormwater management pipe?

3. Does the proposed configuration of the site allow for access to loading bays and other parking areas during future maintenance of the public stormwater management pipe? Are changes to the site plan or conditions required to address this issue?

4. Do the proposed site servicing and grading plans and stormwater management report appropriately implement the stormwater management strategy approved through the plan of subdivision and otherwise appropriately manage the drainage from the site?

5. Are easements or other conditions required to ensure the future maintenance of the proposed private stormwater infrastructure within the site?

6. Does the proposed site plan conform with section 7.2.3.4 of the North Oakville East Secondary Plan?

7. Have appropriate pedestrian connections been provided to and from William Halton Parkway?

8. Have potential conflicts between heavy vehicles, passenger vehicles and pedestrians been sufficiently managed, particularly in the area to the south of the buildings?

9. Have appropriate areas for waste storage and collection been identified?

10. Are additional details with respect to retaining walls and guardrails required? Are the proposed locations and details or such works appropriate?

Halton Region Issues List

Water and Wastewater Servicing

1. If the proposed Development is approved, have appropriate conditions been included to address the Region's interests related to water and wastewater servicing as outlined in the Region's comment letter to the Town?

Stormwater Management Impacts-Regional Roads

2. If the proposed Development is approved, has the appropriate condition been included to address the Region's interests related to stormwater management impacts on the Region's right-of-way as outlined in the Region's comment letter to the Town?

Transportation

3. Has the proposed Development and land use been adequately assessed from a transportation perspective in accordance with the Halton's Regional Official Plan 2009, as amended (ROP), including Section 173(8)?

4. Have Regional transportation interests related to traffic impacts, access, signalization, required transportation improvements, encroachments, and construction management been adequately addressed in accordance with the ROP and Regional Guidelines?

5. Would the proposed accesses be in accordance with the Minutes of Settlement pursuant to the OMB File No. O040214 – PL041188? Have acceptable studies, plans, and drawings been submitted to the Region?

6. If the proposed Development is approved, have appropriate conditions been included to address the Region's interests as outlined in the Region's comment letter to the Town?

Good Planning

7. Would the proposed Development represent good planning in the context of the Region's issues raised herein?

Attachment 3

ORDER OF EVIDENCE

1. Rowhedge Construction Ltd.
2. Town of Oakville
3. Halton Region
4. Rowhedge Construction Ltd., in Reply