CORRECTION NOTICE
OLT CASE NO(S).:
OLT-23-000520
DECISION ISSUE DATE(S):
September 18, 2023
CORRECTION NOTICE ISSUE DATE:
September 19, 2023
RE: Argo Kennedy Ltd. v. Caledon (Town)
Correction to: The audio-only telephone number in paragraph [13].
Originally:
Corrected to:
13Persons 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) 497-9397 or (Toll-Free) 1-888-299-1889.
The access code is the same as the
access code noted above.
13Persons 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 the same as the
access code noted above.
"Euken Lui"
EUKEN LUI 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 ("Tribunal"). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.
ISSUE DATE:
September 18, 2023
CASE NO(S).:
OLT-23-000520
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended.
Applicant/Appellant:
Argo Kennedy Limited
Subject:
Request to amend the Official Plan – Failure to adopt the requested amendment
Description:
To redesignate the subject property to facilitate a residential development
Reference Number:
POPA 2021-0009
Property Address:
Mayfield West Secondary Plan Area
Municipality/UT:
Caledon/Peel
OLT Case No.:
OLT-23-000520
OLT Lead Case No.:
OLT-23-000520
OLT Case Name:
Argo Kennedy Ltd. v. Caledon (Town)
Heard:
September 8, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel
Argo Kennedy Limited ("Applicant/Appellant")
Patrick Harrington Alexander Suriano
Town of Caledon ("Town")
Raj Kehar Max Rubin
Region of Peel ("Region")
Brett Baker
Rachel Godley (in absentia)
School West Investments Inc. ("Brookvalley")
Andrew Biggart
Caledon Development LP ("Brookvalley")
Andrew Biggart
Caledon Development General Partner Ltd.
("Brookvalley")
Andrew Biggart
School Valley South Ltd. ("Brookvalley")
Andrew Biggart
School Valley Developments Ltd. ("Brookvalley")
Andrew Biggart
Brookvalley Developments (HWY 10) Ltd. ("Brookvalley")
Andrew Biggart
Toronto and Region Conservation Authority
("TRCA")
Barbara Montgomery
MEMORANDUM OF ORAL DECISION DELIVERED BY ASTRID J. CLOS ON SEPTEMBER 8, 2023 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference ("CMC") convened for an appeal brought pursuant to s. 22(7) of the Planning Act ("Act") for an Official Plan Amendment ("OPA") due to the failure of council to make a decision within the statutory timeframe related to the property legally described as 3431 Old School Road ("Subject Property") located in the Town.
2The Subject Property has approximately 618 metres ("m") of frontage on Hurontario Street and 1,672 m of frontage on Old School Road, with an approximate area of 100 hectares ("ha").
3On September 13, 2021, the Applicant/Appellant submitted an application for an OPA to the Town to amend the Mayfield West Secondary Plan ("MWSP"). The OPA
application was deemed complete by the Town on February 14, 2022. The OPA was subsequently appealed by the Applicant/Appellant. A resubmission of the OPA has been provided to the Town for technical review.
4The purpose of the OPA is to include the Subject Property within the MWSP boundary to allow the development of a mix of detached, semi-detached, townhouse and apartment units for approximately 1,282 residential dwellings. Four (4) municipal parks, four (4) stormwater management pond facilities, approximately 24.23 ha of Natural Heritage System, buffers and a public road network are also provided by the proposed OPA.
5The Affidavit of Service sworn on August 17, 2023, was entered as Exhibit 1.
PARTY STATUS
6In response to the Notice, requests for Party status were received from:
Region of Peel ("Region"),
School West Investments Inc. ("Brookvalley"),
Caledon Development LP ("Brookvalley"),
Caledon Development General Partner Ltd. ("Brookvalley"),
School Valley South Ltd. ("Brookvalley"),
School Valley Developments Ltd. ("Brookvalley"),
Brook Valley Developments (HWY 10) Ltd. ("Brookvalley"), and,
Toronto and Region Conservation Authority ("TRCA").
7The Tribunal considered the written requests for Party status and the submissions provided by Counsel. The Tribunal was satisfied that reasonable grounds exist, and with no opposition from the other Parties, granted the Party status requests listed in Paragraph [6].
PARTICIPANT STATUS
8In response to the Notice, requests for Participant status were received from:
Jing Yin,
Tony Brkic,
Michael Jones, and,
Nihal Geegana.
9The Tribunal found that these requests have demonstrated an interest in this matter, and with no opposition from the Parties, the Participant status requests listed in Paragraph [8] were granted by the Tribunal.
DRAFT PROCEDURAL ORDER
10The Tribunal canvassed the Parties with respect to the timing of a Draft Procedural Order and Issues List ("DPO"), to be filed with the Case Coordinator. The Tribunal directed that the DPO be filed by the Parties no later than Friday, February 9, 2024. The Tribunal requested that the Parties advise the Case Coordinator as soon as it is known if issues have been scoped or a settlement has been reached to allow any unneeded hearing dates to be released from the Tribunal calendar or converted to a
Settlement Hearing. Hearing dates are a scarce resource that must be used effectively by the Tribunal.
SECOND CASE MANAGEMENT CONFERENCE
11The Parties jointly requested that a second CMC be scheduled. The Tribunal canvassed the availability of the Parties. The Tribunal scheduled the second CMC for Wednesday, February 21, 2024 at 10 a.m.
12Parties 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/979388733
Access Code: 979-388-733
13Persons 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) 497-9397 or (Toll-Free) 1-888-299-1889. The access code is the same as the access code noted above.
14Individuals 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.
15The Parties were reminded that OLT led mediation is available at their convenience by contacting the Case Coordinator.
ORDER
[16] THE TRIBUNAL ORDERS that:
a. Party status is granted to:
Region of Peel ("Region"),
School West Investments Inc. ("Brookvalley"),
Caledon Development LP ("Brookvalley"),
Caledon Development General Partner Ltd. ("Brookvalley"),
School Valley South Ltd. ("Brookvalley"),
School Valley Developments Ltd. ("Brookvalley"),
Brook Valley Developments (HWY 10) Ltd. ("Brookvalley"), and,
Toronto and Region Conservation Authority ("TRCA").
b. Participant status is granted to:
Jing Yin,
Tony Brkic,
Michael Jones, and,
Nihal Geegana.
c. A second CMC is scheduled by video, commencing at 10 a.m. on Wednesday, February 21, 2024.
18This Member is not seized.
19No further notice will be provided.
"Astrid J. Clos"
ASTRID J. CLOS
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.