Stevenson v. Ashfield‐Colborne‐Wawanosh (Township), 2023 CanLII 43679

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: May 17, 2023

CASE NO(S).: OLT-22-004185

PROCEEDING COMMENCED UNDER section 17(24) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Appellant: Alexandra Stevenson

Subject: Proposed Official Plan Amendment

Description: The purpose of this amendment is to update the Ashfield-Colborne-Wawanosh Official Plan following a Five Year Review of the plan.

Reference Number: OPA 12

Property Address: 81421 Champlain Boulevard

Municipality/UT: Ashfield-Colborne-Wawanosh/Huron

OLT Case No: OLT-22-004185

OLT Lead Case No: OLT-22-004185

OLT Case Name: Stevenson v. Ashfield‐Colborne‐Wawanosh (Township)

Heard: April 28, 2023, by video hearing

APPEARANCES:

Parties	Counsel*/Representative
Alexandra Stevenson	Self-Represented
Township of Ashfield-Colborne-Wawanosh	Greg Stewart*
Quarry Holdings Corp.	Patrick Duffy*

MEMORANDUM OF ORAL DECISION DELIVERED BY STEVEN T. MASTORAS ON APRIL 28, 2023, AND ORDER OF THE TRIBUNAL

INTRODUCTION

1The Tribunal convened a third Case Management Conference (“CMC”) on an appeal filed by Alexandra Stevenson (“Appellant”) pursuant to s.17(24) of the Planning Act (“Act”) against the Township of Ashfield-Colborne-Wawanosh Council (“Township”) decision to adopt an Official Plan Amendment (“OPA”) concerning 81421 Champlain Boulevard (“Subject Lands”).

2The OPA would update the Ashfield-Colborne-Wawanosh Official Plan (“ACWOP”) following a Five-Year Review of the Plan. The Township identified a total of 64 acres of ‘Settlement Area’ lands which are proposed to be relocated; the recommended location for ‘Settlement Area’ designation adjustment is Part Block A, Concession Western Division, Colborne Ward, municipally known as the Subject Lands.

3The Appeal focusses on section 8.10 Settlement Area and section 8.6.4 (5) Residential Park Policies of the OPA. Previously, the Subject Lands were designated as prime agricultural lands by the Township Official Plan and the Huron County Official Plan. The Appeal claims the creation of a new Settlement Area in place of prime agricultural lands is not consistent with the Provincial Policy Statement (“PPS”). A comprehensive review is required before changes are made to designations.

HEARING, PROCEDURAL ORDER AND ISSUES LIST

4The Tribunal confirmed that at the previous CMC, the Tribunal directed that a three-day hearing of the merits will be held by Video Hearing, commencing on Wednesday September 6, 2023, at 10:00 a.m. Parties have been duly advised of the details around connecting to the hearing virtually, and the hearing shall proceed as scheduled.

5Parties established that they had submitted an agreed upon draft Procedural Order (“PO”) without consensus on the entirety of the Issues List (“IL”). The Tribunal heard that there were seven (7) issues in total submitted by the Appellant, and except for agreed upon Issue 2 and Issue 3, the three Parties were given the opportunity to provide submissions to the Tribunal on the balance of the IL.

6To achieve consensus at the hearing and to consolidate the IL, the Appellant withdrew Issue 1 and Issue 7 and agreed to amend Issue 6, following submissions from Counsel for the Township and Quarry Holdings Inc.

7The Tribunal also provided direction relating to Issues 4 and 5, based on the determination that these issues could more appropriately be addressed under Issues 2 and 3, and were therefore excluded from the IL.

8The Parties also agreed that they would cooperate to proceed to a finalized PO and IL and submit the final version to the Tribunal on or before May 5, 2023.

ORDER

9THE TRIBUNAL ORDERS that the updated Procedural Order and Issues List, Attachment 1, now governs the proceedings that will commence on Wednesday September 6, 2023.

10No further notice will be given.

11The Tribunal Member is not seized but may be spoken to for Case Management purposes, subject to the availability of the Tribunal’s calendar.

“Steven T. Mastoras”

STEVEN T. MASTORAS 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.

Attachment 1

CASE NO(S).: OLT-22-004185

PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant/ Appellant: Alexandra Stevenson

Subject: Official Plan Amendment-OPA 12

Property Address/Description: 81421 Champlain Blvd.,

Municipality: Township of Ashfield-Colborne-Wawanosh

Municipality File No.:

OLT Case No.: OLT-22-004185

OLT File No.: OLT-22-004185

OLT Case Name: Stevenson v. Ashfield-Colborne-Wawanosh (“Township”)

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 September 6th, 2023, at 10:00 a.m.

3. The parties’ initial estimation for the length of the hearing is 3 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.

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 July 12th, 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 July 31st, 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 August 21st, 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 July 21st, 2023, the parties shall provide copies of their 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 July 21st, 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 August 1st, 2023, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

16. On or before August 23rd, 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. The Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence within ten (10) days after the evidence is received an 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 August 25th, 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 August 29th, 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.

Property Address: 81421 Champlain Boulevard

Municipality: Township of Ashfield-Colborne-Wawanosh

OLT Case No: OLT-22-004185

OLT Lead Case No: OLT-22-004185

OLT Case Name: Stevenson v. Ashfield-Colborne-Wawanosh (“Township”)

ATTACHMENT 1

Parties	Counsel:/Representative
Alexandra Stevenson (“Appellant”)	Self-represented
Township -of-Ashfield-Colborne-Wawanosh (“Township”)	Greg Stewart
Quarry Holdings Corp.	Patrick Duffy

Property Address: 81421 Champlain Boulevard

Municipality: Township of Ashfield-Colborne-Wawanosh

OLT Case No: OLT-22-004185

OLT Lead Case No: OLT-22-004185

OLT Case Name: Stevenson v. Ashfield-Colborne-Wawanosh (“Township”)

ATTACHMENT 2

ISSUES LIST

1. Does the proposed change for Ashfield-Colborne-Wawanosh Township, which is the subject of this hearing, represent a settlement area expansion or an adjustment of lands designated as settlement area and how do the subject lands meet the criteria for a Settlement Area as defined in the Provincial Policy Statement, 2020?

2. Should there be a comprehensive review conducted, pursuant to Section 1.1.3.8 of the Provincial Policy Statement, 2020, prior to the proposed re-designation of the subject lands as settlement area and if not, why not?

3. What is the justification for the removal from the Township Official Plan of a stipulated maximum number of dwellings per gross hectare in a Residential Park and replacing it with a required minimum number of dwellings per gross hectare with no maximum stipulated, as set out in 8.6.4.(5) Residential Park Policies Ashfield-Colborne-Wawanosh Official Plan Amendment No. 12, and how is this change in conformity with section 8.7.4(3) of the Township Official Plan?

Property Address: 81421 Champlain Boulevard

Municipality: Township of Ashfield-Colborne-Wawanosh

OLT Case No: OLT-22-004185

OLT Lead Case No: OLT-22-004185

OLT Case Name: Stevenson v. Ashfield-Colborne-Wawanosh (“Township”)

ATTACHMENT 3

THE ORDER OF EVIDENCE

1. The Township of Ashfield-Colborne-Wawanosh overview non-opinion evidence.
2. Appellant.
3. Township of Ashfield-Colborne-Wawanosh.
4. Quarry Holdings.
5. Appellant Reply.