Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: August 16, 2023 CASE NO(S).: OLT-23-000241 OLT-23-000242

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant:

Quincy Developments

Subject:

Request to amend the Official Plan – Failure to adopt the requested amendment

Description:

To facilitate the development of a 177 unit high density residential building

Reference Number:

By-law 2767 - OPA

Property Address:

410 Sunset Drive

Municipality/UT:

Municipality of Central Elgin

OLT Case No.:

OLT-23-000241

OLT Lead Case No.:

OLT-23-000241

OLT Case Name:

Quincy Developments v. Central Elgin (Municipality)

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant:

Quincy Developments

Subject:

Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description:

To permit an apartment building and medical/dental office uses to maximum height of 6 storeys

Reference Number:

By-law 2768 ZBA

Property Address:

410 Sunset Drive

Municipality/UT:

Municipality of Central Elgin

OLT Case No.:

OLT-23-000242

OLT Lead Case No.:

OLT-23-000241

BEFORE:

D. CHIPMAN/JACKIE DENYES

Wednesday the 16th,

MEMBERS

Day of August 2023

THESE MATTERS having come before the Tribunal for a case management conference on July 18, 2023;

AND THE TRIBUNAL having directed the parties to submit a draft Procedural Order and Issues List;

AND THE TRIBUNAL having received a draft Procedural Order and Issues List, on consent;

THE TRIBUNAL ORDERS that the Procedural Order and Issues List attached hereto as Schedule “1” is in full force and effect.

“Euken Lui”

EUKEN LUI ACTING REGISTRAR

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.

SCHEDULE 1

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 to determine two threshold issues will begin on November 14, 2023 at 10 a.m. at _______________________.

3. The parties’ initial estimation for the length of the hearing is 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 September 1, 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 September 15, 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 September 22, 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 October 13, 2023 the parties shall provide copies of their witness and/or 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 October 13, 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 October 10, 2023 the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

16. On or before November 3, 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 October 27, 2023 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 November 3, 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. 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.

22. 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.

23. A summary of the various filing dates is contained in Attachment 4.

Members are not seized.

So orders the Tribunal.

BEFORE:

Name of Members: Dale Chipman and Jackie Denyes

Date: August 16, 2023

TRIBUNAL REGISTRAR

ATTACHMENT 1

PARTIES AND PARTICIPANTS

PARTIES

1. Quincy Developments (Applicant/Appellant)

2. Municipality of Central Elgin

3. County of Elgin

PARTICIPANTS

1. Howie Clark

2. Linda Cline

3. Lauren and Greg Cross

4. Tim and Ann Edmonds

5. Elliot Fryer

6. Carol and Dan Gagen

7. Steve and Marianne House

8. George and Rebecca Kapogiannis

9. Ken MacLellan

10. Wendy Nixon

11. Glenn and Leona Norman

12. Rex and Rae Marie Robinson

13. Herman and Tina Rohowsky

14. Don and Theresa Toth

15. Nick and Julie Vissher

ATTACHMENT 2

THRESHOLD ISSUES LIST

1. Should the Tribunal rule on the Official Plan Amendment as modified January 12, 2023 or the original Official Plan Amendment dated August 10, 2022?

2. Should the Subject Lands be re-designated and re-zoned for residential uses where there is already an oversupply of residential lands in the municipality?

ATTACHMENT 3

ORDER OF EVIDENCE

1. Quincy Developments (Applicant/Appellant)

2. Municipality of Central Elgin

3. County of Elgin

Attachment 4

Summary of Filing Dates

Event

Date

1st CMC

July 18, 2023

Parties to exchange Witness Lists

September 1, 2023

Deadline for Experts’ Meeting

September 15, 2023

Parties to submit Agreed Statement of Facts and Issues

September 22, 2023

Parties to notify Tribunal whether the reserved hearing dates are still required

October 10, 2023

Parties to exchange Witness and Expert Witness Statements

Participants to provide Participant Statements

October 13, 2023

Parties to exchange Reply Witness Statements

October 27, 2023

Parties to file Joint Document Book and Visual Evidence

November 3, 2023

Hearing Commence

November 14, 2023