Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 12, 2023
CASE NO(S).: OLT-23-000303
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Caledon Community Partners
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To establish a new Secondary Plan for the Macville Community Area
Reference Number: POPA 2021-0002
Property Address: Macville Community Secondary Plan Area
Municipality/UT: Caledon/Peel
OLT Case No: OLT-23-000303
OLT Lead Case No: OLT-23-000303
OLT Case Name: Caledon Community Partners v. Caledon (Town)
Heard: October 6, 2023, by video hearing
APPEARANCES:
Parties
Counsel/Representative*
Caledon Community Partners
Patrick Harrington Alexander Suriano
Town of Caledon
Chris Barnett
Peel Region
Rachel Godley
Peel District School Board
Andrew Baker
Toronto and Region Conservation Authority
Barbara Montgomery (in absentia) Jason Wagler*
Acorn Bolton Inc.
Ian Andres
Gold Humber Station
Max Reedijk
MEMORANDUM OF ORAL DECISION DELIVERED BY Kurtis Smith ON Ocotber 6, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference (“CMC”) regarding the Caledon Community Partners (“CCP”) proposed Official Plan Amendment (“OPA”) to establish a new Secondary Plan, for which no decision was rendered by Caledon Town Council.
2The Subject Lands are approximately 182 hectares with frontages along King Street, Gore Road and Humber Station. The OPA proposes to redesignate the subject lands as low density residential, medium density residential, mixed-uses, Go Transit Hub, institutional, open space, and environmental policy area.
3The Tribunal received and marked the Affidavit of Service of the Notice of CMC, sworn by Natalie Hickey, as Exhibit 1.
STATUS REQUESTS
4Prior to the commencement of the CMC, the Tribunal Received five request for Party Status and one request for Participant Status.
5The Party requests were received from: (1) Peel Region, (2) Peel District School Board, (3) Toronto and Region Conservation Authority, (4) Acorn Bolton Inc. and (5) Gold Humber Station Inc..
6The one Participant request was received from the Bolton North Hill Landowners Group Inc..
7Without objection from the CCP and the Town of Caledon, the Tribunal granted the above noted requests.
SECOND CMC
8Counsel for CCP, Mr. Patrick Harrington, requested that a second CMC be scheduled during the first quarter of 2024 to allow ample time for the Parties to prepare a final Draft Procedural Order (“PO”) complete with Issues Lists (“IL”), indicate the number of witnesses each Party intents to call to determine the length of hearing time required to hear the merits of the case. Additionally, he requested that a deadline be implemented for the Parties to exchange ILs and the number of indented witnesses each Party indents to call.
9Ms. Mandy Ng, Counsel for the Bolton North Hill landowners Group Inc. (Participant) requested that they be privy to the exchange of documents noted above.
10The Tribunal scheduled a second CMC to commence on Tuesday, February 13, 2024, at 10 a.m. by video.
11Parties 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/709076365
Access Code: 709-076-365
12Parties 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.
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: Toll-Free 1-888-299-1889 or +1 (647) 497-9373. The Access Code is as indicated 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 CMC 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
15THE TRIBUNAL ORDERS the following:
a. That Peel Region, Peel District School Board, Toronto and Region Conservation Authority, Acorn Bolton Inc., Gold Humber Station Inc. are granted Party Status;
b. That the Bolton North Hill Landowners Group Inc. is granted Participant Status;
c. The Parties will exchange their Issues Lists and number of witnesses each party intends to call to each other including the Participant, no later than Monday, November 6, 2023;
d. The Parties will provide the Tribunal with the draft Procedural Order, complete with Issues Lists, by Wednesday, January 31, 2024;
e. A second Case Management Conference is scheduled for Tuesday, February 13, 2024.
“Kurtis Smith”
KURTIS SMITH
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.