Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 19, 2023
CASE NO(S).: OLT-23-000693
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Caledon HL Developments Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the development of six (6) industrial warehouse buildings
Reference Number: PRE 2021-0224
Property Address: 12505 Heart Lake Road
Municipality/UT: Caledon/Peel
OLT Case No.: OLT-23-000693
OLT Lead Case No.: OLT-23-000693
OLT Case Name: Caledon HL Developments Inc. v. Caledon (Town)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Caledon HL Developments Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of six (6) industrial warehouse buildings
Reference Number: PRE 2021-0224
Property Address: 12505 Heart Lake Road
Municipality/UT: Caledon/Peel
OLT Case No.: OLT-23-000694
OLT Lead Case No.: OLT-23-000693
OLT Case Name: Caledon HL Developments Inc. v. Caledon (Town)
Heard: September 28, 2023 via Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Caledon HL Developments Inc. | Denise Baker, Micah Goldstein |
| Town of Caledon | David Germain, Max Rubin |
| Ministry of Municipal Affairs and Housing | Baiqing Luo, Joanna Wice |
| Toronto and Region Conservation Authority | Barbara Montgomery |
MEMORANDUM OF ORAL DECISION DELIVERED BY A. MASON AND C. I. MOLINARI ON SEPTEMBER 28, 2023 AND FINAL ORDER OF THE TRIBUNAL
INTRODUCTION
1This first Case Management Conference (“CMC”) was held in respect of an appeal filed pursuant to subsections 22(7) and 34(11) of the Planning Act concerning the refusal by the Town of Caledon (“Town”) of applications to amend the Town’s Official Plan and Zoning By-Law (“Applications”) in respect of the property known as 12505 Heart Lake Road (“Subject Property”).
2The Applications were filed by Caledon HL Developments Inc. (“Applicant/Appellant”) and would facilitate the development of six industrial warehouse buildings on two separate lots to be created by natural severance as a result of the construction of the proposed Highway 413 Transportation Corridor.
NOTICE
3An Affidavit of Service sworn on August 14, 2023, attesting to the giving of notice for this proceeding, was marked as Exhibit 1.
REQUESTS FOR STATUS
4In advance of the CMC, the Tribunal received a request for Party status from the Ministry of Municipal Affairs and Housing (“MMAH”). The MMAH indicated its interest in these appeals to protect the Province’s interest in the proposed Highway 413 Transportation Corridor through the Subject Property. Having reviewed the request, the Tribunal finds that MMAH’s participation in the hearing of these appeals is reasonable and necessary to enable the Tribunal to effectively and completely adjudicate the proceedings. No objections were raised from the Applicant/Appellant or the Town to the request and the Tribunal granted MMAH Party status.
5Also, in advance of the CMC, the Tribunal received a request for Party status from the Toronto and Region Conservation Authority (“TRCA”). The TRCA requested Party status in respect of natural hazard matters, as a portion of the Subject Property is within an area regulated under the Conservation Authorities Act, R.S.O. 1990, c. C.27. The Tribunal finds that TRCA’s participation in the hearing of these appeals is reasonable and necessary to enable the Tribunal to effectively and completely adjudicate these proceedings. No objections were raised by the Applicant/Appellant or the Town to the request and the Tribunal granted TRCA Party status.
6In advance of the CMC, a request for Participant status was received by the Tribunal from QuadReal Property Group Limited Partnership (“QuadReal”) as the owner of lands located directly northeast of the Subject Property and having a general interest in the matter. Having reviewed the request and with no objection raised by the statutory parties, the Tribunal granted QuadReal Participant status.
PROCEDURAL ORDER AND ISSUES LIST
7The Tribunal was provided with a draft Procedural Order (“PO”) and Issues List (“IL”) in advance of the CMC. At the CMC, the Parties asked for additional time to refine and streamline a final PO and IL in consideration of the Party status granted to the MMAH and TRCA. The Parties were directed to submit a final PO and IL to the Tribunal by October 12, 2023.
8The Tribunal received and approved the final PO and IL prior to the issuance of this decision. The PO and IL at Schedule 1 attached to this decision shall govern these proceedings.
MEDIATION
9The Parties will continue discussions with a view to scoping or resolving various issues. The Parties are aware of Tribunal-led mediation and will request same if desired.
SECOND CASE MANAGEMENT CONFERENCE
10At the request of the Parties, the Tribunal scheduled a second CMC to deal with any motions or other preliminary matters and provide for a more efficient Hearing. The Tribunal scheduled a second CMC on Friday January 12, 2023, at 10 a.m. by video hearing.
11The second CMC is scheduled to proceed by video as follows:
Friday, January 12, 2023 at 10 a.m. GoTo Meeting: https://global.gotomeeting.com/join/709076365 Access code: 709-076-365 Audio-only telephone line: (Toll Free) 1-888-299-1889 or +1 (647) 497-9373
12The Tribunal directed the Parties to provide an agenda for the second CMC five days in advance of the hearing event by January 5, 2024.
13At the second CMC, the Parties are directed to confirm whether the number of days set aside for the merit hearing continue to be required.
HEARING DATES
14At the request of the Parties, the Tribunal scheduled a three-week video hearing event commencing on Monday May 27, 2024 at 10 a.m.
15The merit hearing is scheduled to proceed by video as follows:
Monday, May 27, 2024 at 10 a.m. GoTo Meeting: https://meet.goto.com/765093501 Access code: 765-093-501 Audio-only line: (Toll Free) 1-888-455-1389 or +1 (647) 497-9391
16Parties 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.
17Parties 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
18Persons 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.
19Individuals 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
20The Tribunal confers Party status to the Ministry of Municipal Affairs and Housing and the Toronto and Region Conservation Authority.
21The Tribunal confers Participant status to QuadReal Property Group Limited.
22The Tribunal orders that the Procedural Order and Issues List set out as Schedule 1 is deemed in force and effect and shall govern the hearing of the merits.
23The Tribunal orders that a second Case Management Conference shall be held on Friday, January 12, 2024 commencing at 10 a.m. by video hearing.
24The Tribunal directs the Parties to submit an agenda for the second CMC by Friday, January 5, 2024.
25The Tribunal orders that a three-week merit hearing shall commence at 10 a.m. on Monday, May 27, 2024 to Friday, June 14, 2024.
26No further notice is required.
27The Panel is not seized of this matter.
“A. Mason”
A. Mason MEMBER
“C.I. Molinari”
C.I. Molinari 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.
PROCEDURAL ORDER