Far Sight Developments Everett Inc. v. Adjala-Tosorontio (Township), 2023 CanLII 58622

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE:

June 26, 2023

CASE NO(S).:

OLT-23-000015

PROCEEDING COMMENCED UNDER subsection 51(43) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant:

Far Sight Developments Everett Inc.

Subject:

Conditions of approval of draft plan of subdivision

Description:

To permit Draft Plans of Subdivision within the community of Everett

Reference Number:

AT-T-0103

Property Address:

Part of the West Part of Lot 12, Concession 5

Municipality/UT:

Adjala-Tosorontio/Simcoe

OLT Case No.:

OLT-23-000015

OLT Lead Case No.:

OLT-23-000015

OLT Case Name:

Far Sight Developments Everett Inc. v. Adjala-Tosorontio (Township)

PROCEEDING COMMENCED UNDER subsection 51(43) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant:

Far Sight Developments Everett Inc.

Subject:

Conditions of approval of draft plan of subdivision

Description:

To permit Draft Plans of Subdivision within the community of Everett

Reference Number:

AT-T-0502

Property Address:

Part of Lot 12, Concession 5, and Part of Lot 13, Concession 6, Everett

Municipality/UT:

Adjala-Tosorontio/Simcoe

OLT Case No.:

OLT-23-000016

OLT Lead Case No.:

OLT-23-000015

Heard:

May 11, 2023 by video hearing

APPEARANCES:

Parties

Counsel

Far Sight Investments Limited and

Far Sight Developments Everett Inc.

Jennifer Meader

Scott Snider (in absentia)

Township of Adjala-Tosorontio

Lee English

Isaac Tang (in absentia)

MEMORANDUM OF ORAL DECISION DELIVERED BY ASTRID J. CLOS ON MAY 11, 2023 AND ORDER OF THE TRIBUNAL

Link to Final Order

1This was the first Case Management Conference (“CMC”) with respect to appeals brought pursuant to s. 51(43) of the Planning Act (“Act”) of conditions of draft plan approval for Draft Plan of Subdivision AT-T-0103 (“Draft Plan 0103”) and Draft Plan of Subdivision AT-T-0502 (“Draft Plan 0502”) for the properties located in the Township of Adjala-Tosorontio.

2Draft Plan 0103 is legally described as Part of the West Part of Lot 12, Concession 5 and was approved by the Ontario Municipal Board on August 18, 2005 (PL040279). This Subdivision includes 79 residential lots and 17 future residential blocks. Conditions 2, 3, 4, 6, 7, 9, 16, 17, 19, and 51 of Draft Plan 0103 have been appealed.

3Draft Plan 0502 is legally described as Part of Lot 12, Concession 5, and Part of Lot 13, Concession 6, Everett and was approved by the Ontario Municipal Board on October 27, 2008 (PL080102). This Subdivision includes 550 residential lots, 17 future residential blocks and one commercial block. Conditions 2, 5, 7, 8, 10, 25, 28, 30, 31, 33, 35, 38, 47, 54, 74, and 99 of Draft Plan 0502 have been appealed.

4The sworn Affidavit of Service dated April 14, 2023 was marked as Exhibit 1.

DRAFT PROCEDURAL ORDER

5The Tribunal directed that the Draft Procedural Order (“DPO”) be filed with the Tribunal no later than Friday, May 26, 2023.

6The DPO received on May 26, 2023, is included as Attachment 1 to this Decision and Order. The Parties consent to the DPO. It has been reviewed and approved by the Tribunal.

MEDIATION

7The Parties advised that they have agreed to commence settlement discussions. The Parties were reminded of the availability of Tribunal-led mediation and that they may request this mediation through the Case Coordinator at their convenience.

HEARING

8The number of witnesses, the expected length of the hearing and the availability of Counsel was canvassed by the Tribunal. On consent, the Tribunal scheduled a ten (10) day merit hearing by Video commencing at 10 a.m. on Wednesday, May 15, 2024 to Wednesday, May 29, 2024. Monday, May 20, 2024 will not be a hearing day. The Parties were advised that they should notify the Case Coordinator if the issues are scoped, or a proposed settlement is reached which would allow all or some of the merit hearing dates to be released. The Tribunal hearing dates are an important resource that must be respected and effectively allocated.

9The hearing is scheduled to proceed by video on Wednesday, May 15, 2024 to Wednesday, May 29, 2024 at 10 a.m.

10Parties 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://global.gotomeeting.com/join/719383509

Access code: 719-383-509

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

12Persons 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.

13Individuals 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

14THE TRIBUNAL ORDERS that,

a. The Draft Procedural Order and Issues List appended as Attachment 1 is approved.

b. A merit hearing will be held by Video for ten (10) days commencing at 10 a.m. on Wednesday, May 15, 2024 to Wednesday, May 29, 2024. Monday, May 20, 2024 will not be a hearing day.

15This Member is not seized of the matter but may be contacted through the Case Coordinator related to case management.

16No further notice will be provided.

“Astrid J. Clos”

ASTRID J. CLOS

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.

ATTACHMENT 1

CASE NO(S).: OLT-23-000015

PROCEEDING COMMENCED UNDER subsection 51(43) of the Planning Act, R.S.O. 1990, c. 13, as amended

Applicant and Appellant:

Far Sight Developments Everett Inc.

Subject:

Conditions of approval of draft plan of subdivision

Description:

To permit Draft Plans of Subdivision within the community of Everett

Reference Number:

AT-T-0103

Property Address:

Part of the West Part of Lot 12, Concession 5

Municipality/UT:

Adjala-Tosorontio/Simcoe

OLT Case No.:

OLT-23-000015

OLT Lead Case No.:

OLT-23-000015

OLT Case Name:

Far Sight Developments Everett Inc. v. Adjala-Tosorontio (Township)

PROCEEDING COMMENCED UNDER subsection 51(43) of the Planning Act, R.S.O. 1990, c. 13, as amended

Applicant and Appellant:

Far Sight Developments Everett Inc.

Subject:

Conditions of approval of draft plan of subdivision

Description:

To permit Draft Plans of Subdivision within the community of Everett

Reference Number:

AT-T-0502

Property Address:

Part of the West Part of Lot 12, Concession 5, and Part of Lot 13, Concession 6, Everett

Municipality/UT:

Adjala-Tosorontio/Simcoe

OLT Case No.:

OLT-23-000016

OLT Lead Case No.:

OLT-23-000015

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 May 15, 2024 at 10:00 am through video link: https://global.gotomeeting.com/join/719383509

When prompted, enter the code 719-383-509.

3. The parties’ initial estimation for the length of the hearing is 10 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. The Summary of Key dates is attached as Attachment 4.

8. 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.

9. 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

10. 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 January 16, 2024 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.

11. Expert witnesses in the same field shall have a meeting on or before February 15, 2024 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 March 1, 2024 .

12. 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 14 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.

13. 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 14 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 14 below.

14. On or before March 20, 2024 , 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.

15. On or before April 10, 2024 the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

16. On or before April 30, 2024 , 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 within ten (10) days after the evidence is received 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 May 3, 2024 .

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 May 3, 2024 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. Far Sight Developments Everett Inc.

Turkstra Mazza Associates

15 Bold Street

Hamilton, ON L8P 1T3

Scott Snider

Tel: 905.529.3476

Email: ssnider@tmalaw.ca

Jennifer Meader

Tel: 905.529.3476

Email: jmeader@tmalaw.ca

2. Township of Adjala-Tosorontio

Borden Ladner Gervais

22 Adelaide Street West

Toronto, ON M5H 4E3

Isaac Tang

Tel: 416.367.6143

Email: ITang@blg.com

Lee English

Tel: 416.367.6169

Email: LEnglish@blg.com

ATTACHMENT 2

ISSUES LIST

1. Are Draft Plan Condition Nos. 2, 3, 4, 6, 7, 9, 16, 17, 19, and 51 of Draft Plan AT-T-0103 and Draft Plan Condition Nos. 2, 5, 7, 8, 10, 25, 28, 30, 31, 35, 38, 47, 54, and 74 of Draft Plan AT-T-0502 (“Conditions”) appropriate, reasonable, relevant, necessary and fair?

2. Do the conditions comply with subsection 51(25) of the Planning Act?

3. Do the conditions comply with sections 59 and 59.1 of the Development Charges Act?

4. Do the Conditions have appropriate regard for matters of Provincial interest set out in section 2 of the Planning Act, including paragraphs 2 e), f), h), j), l), n), p), and q)?

5. Are the Conditions consistent with the Provincial Policy Statement, 2020, including policies 1.1.1 e) and q), 1.6, 1.7, and 2.2.1?

6. Do the Conditions conform with the Growth Plan for the Greater Golden Horseshoe, 2019 as amended, including policies 3.2.1 and 3.2.6?

7. Do the Conditions conform with the County of Simcoe Official Plan, including policy 4.7?

8. Do the Conditions conform with the Township of Adjala-Tosorontio Official Plan, including policies 4.1.1.1, 4.1.1.2, 4.2.2.1, 4.2.3.2, 4.2.4, 4.6.1 and 4.6.3?

ATTACHMENT 3

ORDER OF EVIDENCE

1. Far Sight Developments Everett Inc.

2. Township of Adjala-Tosorontio

3. Far Sight Developments Everett Inc. in Reply

ATTACHMENT 4