Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 23, 2023
CASE NO(S).: OLT-22-004222
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: 1404649 Ontario Limited
Appellant: 2147925 Ontario Inc.
Appellant: Glen Williams Estates Inc.
Subject: Proposed Official Plan Amendment No. 44
Municipality: Region of Halton
OLT Case No.: OLT-22-004222
OLT Lead Case No.: OLT-22-004222
OLT Case Name: 1404649 Ontario Limited v. Halton (Reg.)
Heard: January 19, 2023 by video hearing
APPEARANCES:
Parties
Counsel/Representative*
2147925 Ontario Inc.
J. Alati, A. Margaritis
1404649 Ontario Ltd.
Glen Williams Estates Inc.
H. Arnold
Town of Halton Hills
A. Burton, J. Wilker (in absentia)
Regional Municipality of Halton
B. Maione
The Hamlet of Glen Williams Residents Association Inc.
(Glen Williams Community Association)
J. Griffin*
MEMORANDUM OF ORAL DECISION DELIVERED BY P. TOMILIN AND T.F. NG ON JANUARY 19, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the second Case Management Conference (“CMC”) for the above noted matter.
21404649 Ontario Ltd., Glen Williams Estates Inc. and 2147925 Ontario Inc. are Appellants which filed appeals in respect of the Town of Halton Hills’ and the Regional Municipality of Halton’s approval and adoption of Official Plan Amendment 44 (“OPA 44”). OPA 44 was an amendment to ensure the Glen Williams Secondary Plan (adopted in 2007) is in conformity with current provincial and regional policy.
THE MOTION
3On January 12, 2023, 2147925 Ontario Inc. (“214”) filed a Motion to consolidate the appeal brought by 214 against the Town of Halton Hills and the Regional Municipality of Halton approval and adoption of OPA 44 with appeals brought by 214 of the Town of Halton Hill’s failure to make decisions on its zoning by-law amendment and subdivision applications (OLT Case Nos. OLT-22-001937 and OLT-22-001954).
4On January 17, 2023, the Town filed a response to Motion opposing the proposed consolidation.
5Upon reading the motion materials, the Tribunal noted that the Notice of Motion to consolidate was served out of the required time frame mandated by the Rules of Practice and Procedure of the Ontario Land Tribunal (“Rules”).
6The affidavit in support of the proposed consolidation did not provide any reason for the short service that was in contravention of the Rules.
7The Tribunal refers to Rule 10.5 of the Rules:
A notice of motion and all supporting material, as set out in Rule 10.4, shall be served at least 15 days before the date of the motion to be held in person or by electronic hearing unless the Tribunal orders otherwise. (emphasis added).
8Mr. Alati explained that on the face of the motion, there is a request for an abridgement of time and according to him, no one is prejudiced by the short service.
9Mr. Burton for the Town countered that by virtue of the non-compliance, the Motion to consolidate should not be heard.
10The Tribunal reiterates that the requirement in rule 10.5 for the Notice of Motion and all materials to be served at least 15 days before the date of the motion to be held by electronic hearing (in this matter), is a mandatory requirement. The operative words are “shall be served”.
11In the instant case, the Notice of Motion dated January 12, 2023 and materials are served seven (7) days before it is due to be heard on January 19, 2023.
12Nonetheless, the Tribunal has a discretion to abridge the time for service if an acceptable reason is given in the affidavit for the short service. Unfortunately, no reason was given.
13In the premises, the Tribunal dismissed 214’s Notice of Motion for breach of Rule 10.5 and for failure to provide an acceptable reason in the affidavit for the short service.
14As the motion was dismissed, there was no need to deal with the Response to Motion.
CMC, DRAFT PROCEDURAL ORDER AND ISSUES LIST
15The Parties requested a third CMC to scope the issues which will be put forth in the Hearing. The CMC is scheduled for 10 a.m. Thursday, March 23, 2023.
16Parties 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://meet.goto.com/558205565
Access code: 558-205-565
17Parties 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
18Persons 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 558-205-565.
19Individuals 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
20The Tribunal orders as follows:
The Motion submitted by 2147925 Ontario Inc. is dismissed.
Parties are to submit a Draft Procedural Order and Issues List on or before Thursday, February 2, 2023.
A third CMC is scheduled on Thursday, March 23, 2023. Parties are to finalize the Procedural Order, Issues List and set down a hearing date on the merits of this matter at the CMC.
21No further notice will be provided.
22The Panel is not seized.
“P. Tomilin”
p. tomilin
MEMBER
“T. F. Ng”
t. f. ng
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.