Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 19, 2023
CASE NO(S).: OLT-22-004650
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 12304 Heart Lake Road Limited Partnership
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the construction of an industrial and warehousing building
Reference Number: RZ 2021-0017
Property Address: 12304 and 0 Heart Lake Road
Municipality/UT: Town of Caledon/Region of Peel
OLT Case No.: OLT-22-004650
OLT Lead Case No.: OLT-22-004650
OLT Case Name: 12304 Heart Lake Road Limited Partnership v. Peel
Heard: March 16, 2023 by video hearing
APPEARANCES:
| Parties | Counsel/Representative |
|---|---|
| 12304 Heart Lake Road Limited Partnership | Steven Ferri Alexandra Whyte |
| Town of Caledon Region of Peel (conditional status) |
David Germain Max B. Rubin Arti Sanichara |
MEMORANDUM OF ORAL DECISION DELIVERED BY JATINDER BHULLAR ON MARCH 16, 2023 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (CMC) regarding an Appeal by 12304 Heart Lake Road Limited Partnership (Applicant/Appellant) for the failure of the Town of Caledon (the “Town”) to make a decision within the prescribed time period pursuant to s. 34(11) of the Planning Act. The Applicant/Appellant plans to construct an industrial and warehousing facility. The site is municipally known as 12304 Heart Lake Road in the Town.
2The Affidavit of Service for the Notice of the first CMC made by Roberta Green and sworn on February 24, 2023 was determined to be duly processed and marked as Exhibit 1 for the record.
3The Region of Peel (“Region”) request for grant of Party status was reviewed. Based on the discussion and submissions from the parties, the Tribunal determined that the Region is granted conditional Party status to monitor the proceedings with interest in Region based servicing issues. The Region cannot raise issues at the hearing nor are the parties obligated to have the Region involved in any settlement or mediation discussions.
4Kenneth Bokor who lives nearby requested Participant status. The Parties consented, and based on his written and oral submission Mr. Bokor was granted Participant status.
5The parties reviewed possible issues that would need to be determined at a hearing. The Parties promised to provide the Tribunal with a draft Procedural Order (PO) on consent by March 31, 2023. This has since been received around May 2023, albeit late. The approved PO to govern the hearing is attached as Schedule 1 in this decision.
6Based on a review of possible issues to be adjudicated and the witnesses to be called, the Parties requested that a hearing for a duration of three (3) days will suffice.
7The Tribunal set a hearing for a duration of three (3) days to commence on Tuesday, June 13, 2023 at 10:00 a.m. The hearing would be held as a video conference.
Hearing Details
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.
9The CMC is scheduled to proceed by video as follows:
https://global.gotomeeting.com/join/660145013
Access Code: 660-145-013
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: Toll-Free 1-888-299-1889 or +1 (647) 497-9373. The Access Code is as indicated above.
11Parties 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
12Individuals 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.
13There will be no further Notice and this Member is not seized.
14This Member may be approached should any issues arise leading up to the hearing.
15The directions in this decision are so Ordered.
“Jatinder Bhullar”
JATINDER BHULLAR MEMBER
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.