Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
September 28, 2023
CASE NO.:
OLT-23-000449
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant
10184217 Canada Corporation
Subject:
Request to amend the Official Plan – Refusal of request
Description:
To permit an infill development of 30 residential units consisting of stacked townhouses and freehold townhouse dwellings
Reference Number:
OR01/20
Property Address:
15 Clover Avenue
Municipality/UT:
Cambridge/Waterloo
OLT Case No:
OLT-23-000449
OLT Lead Case No:
OLT-23-000449
OLT Case Name:
10184217 Canada Corporation v. Cambridge (City)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant
10184217 Canada Corporation
Subject:
Application to amend the Zoning By-law – Refusal of application
Description:
To permit an infill development of 30 residential units consisting of stacked townhouses and freehold townhouse dwellings
Reference Number:
OR01/20
Property Address:
15 Clover Avenue
Municipality/UT:
Cambridge/Waterloo
OLT Case No:
OLT-23-000450
OLT Lead Case No:
OLT-23-000449
BEFORE:
K.R. ANDREWS
Thursday, the 28th day of
MEMBER
September, 2023
THE TRIBUNAL ORDERS that the Procedural Order set out as Attachment “A” to this Order shall be in full force and effect for the purposes of governing the required procedure leading up to and including the hearing scheduled to commence on November 6, 2023.
“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 (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.
ATTACHMENT “A”
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant 10184217 Canada Corporation
Subject: Request to amend the Official Plan – Refusal of request To permit an infill development of 30 residential units
Description: consisting of stacked townhouses and freehold townhouse dwellings
Reference Number: OR01/20
Property Address: 15 Clover Avenue
Municipality/UT: Cambridge/Waterloo
OLT Case No: OLT-23-000449
OLT Lead Case No: OLT-23-000449
OLT Case Name: 10184217 Canada Corporation v. Cambridge (City)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant 10184217 Canada Corporation
Application to amend the Zoning By-law – Refusal of
Subject: application
To permit an infill development of 30 residential units
Description: consisting of stacked townhouses and freehold townhouse dwellings
Reference Number: OR01/20
Property Address: 15 Clover Avenue
Municipality/UT: Cambridge/Waterloo
OLT Case No: OLT-23-000450
OLT Lead Case No: OLT-23-000449
PROCEDURAL ORDER
- 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
The video hearing will begin on November 6, 2023 at 10:00 a.m.
The parties’ initial estimation for the length of the hearing is 5 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.
The parties and participants identified at the case management conference are set out in Attachment 2.
The issues are set out in the Issues List attached as Attachment 3. 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.
The order of evidence shall be as set out in Attachment 4 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.
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.
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
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 15 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.
Expert witnesses in the same field shall have a meeting on or before September 29 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 October 6 2023.
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.
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.
On or before October 13, 2023, the parties shall provide copies of their [witness and] expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 22 below.
On or before September 5, 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.
On or before October 23 2023 the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
On or before October 27, 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.
On or before October 23, 2023. Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence in accordance with paragraph 22 below.
The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before October 27, 2023.
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.
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.
The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before October 30, 2023 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.
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.
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.
BEFORE:
Name of Member:
Date:
TRIBUNAL REGISTRAR
ATTACHMENT 1
SUMMARY OF KEY DATES
Date
Hearing Event
September 5, 2023
Delivery of Participant Statements
September 11, 2023
City to deliver issues list to Appellant
September 15, 2023
Exchange of List of Witnesses
September 29, 2023
Expert Witness Meeting
October 6, 2023
Filing of Statement(s) of Agreed Facts and Issues
October 13, 2023
Exchange of Witness Statements
October 23, 2023
Exchange of Reply Witness Statements
October 23, 2023
Confirmation to Tribunal if all reserved hearing dates are still required
October 27, 2023
Exchange of Visual Evidence
October 27, 2023
Filing of Joint Document Book
October 30, 2023
Filing of Hearing Plan
November 6, 2023
Hearing Commences
ATTACHMENT 2
PARTIES AND PARTICIPANTS
Appellant/Party
Counsel
Contact
10184217 Canada Corporation
Denise Baker
WeirFoulds LLP Suite 10, 1525 Cornwall Road Oakville, ON L6J 0B2 Phone: 416-947-5090
City of Cambridge
Nancy Smith
Turkstra Mazza Associates 15 Bold Street Hamilton ON L8P 1T3 Phone: (905) 529-3476 x 278
Participant
Contact Information
Bill Zakhary
519-223-2605
ATTACHMENT 3
ISSUES LIST
- Are the proposed Official Plan Amendment and Zoning By-law Amendment in conformity with the polices of the City of Cambridge Official Plan[1] including:
2.6.1(8)
2.8 (d)
2.8 (e)
5.1 (e)(h)
5.7.1 (a)
5.15
5.16
8.4.2 (1)(a)(e)
8.4.2 (2) (a) – (g)
8.4.2 (3)
8.4.3
Was an appropriate urban design analysis conducted/reviewed?
Does the proposed development represent an appropriate built form given the context and character of the surrounding lands?
Does the proposed development represent an appropriate building height, level of density and intensification?
Does the proposed development represent appropriate urban design addressing massing, scale, setbacks and spacing having regard for the character of the surrounding lands?
Is the required grading and its impact on height appropriate?
Is this an appropriate location for intensification at the proposed density?
ATTACHMENT 4
ORDER OF EVIDENCE
10184217 Canada Corporation
City of Cambridge
10184217 Canada Corporation, in reply
1Where an issue refers to a provision from the Official Plan in addressing the issue, the planning document from which the provision is taken should be read in its entirety with all relevant provisions being considered. For greater certainty, the identification of a specific provision in an issue does not preclude the parties from referring to other provisions from the same planning document in addressing that issue.