Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
October 25, 2024
CASE NO(S).:
OLT-24-000690
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
Auto Group Investments Inc.
Appellant:
Unimotion-Gear, a division of Magna Powertrain Inc.
Subject:
Proposed Official Plan Amendment
Description:
Town of Aurora Official Plan, 2024
Reference Number:
LOP.19.A.0001
Property Address:
Town-wide
Municipality/UT:
Aurora/York
OLT Case No.:
OLT-24-000690
OLT Lead Case No.:
OLT-24-000690
OLT Case Name:
Auto Group Investments Inc. v. York (Region)
Heard:
October 02, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel/*Representative
Auto Group Investments Inc. Unimotion-Gear, a division of Magna Powertrain Inc. Allaura Limited Partnership 16 20 22 Allaura Blvd Inc. Macont Developments Inc. Town of Aurora
K. Sliwa J. Jakubowski J. White D. Tang (in absentia) A. Naraghi *J. Wong K. Layton A. Biggart (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY G.A. CROSER ON OCTOBER 2, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Town of Aurora Official Plan, 2024 (“OP 2024”) replaces the 2010 version, and has been approved by the Regional Municipality of York (“York Region”). It is intended to direct land use planning in the Town to 2051. The Appellants, Auto Group Investments Inc. and Unimotion-Gear, a division of Magna Powertrain Inc. (“Unimotion”) commenced appeals pursuant to s.17(36) of the Planning Act with respect to the OP 2024. This was the first Case Management Conference (“CMC”) with respect to these appeals.
PROCEDURAL MATTERS
2The Tribunal acknowledged that an abridgment of the time to serve notice in this matter was previously granted by the Tribunal to the York Region. At the CMC, the Tribunal canvassed Counsel, who raised no objections with respect to service of Notice of the CMC. As such, no further notice is required.
3The Affidavit of Service of Notice of CMC, sworn by Anna Tzimas on September 3, 2024, is marked as Exhibit 1.
PARTY STATUS REQUESTS
4The Tribunal received a request for Party status from Allaura Limited Partnership and 16 20 22 Allaura Blvd Inc. (collectively “Allaura”). Counsel appearing for Allaura explained that it had a direct and substantial interest in this appeal as it is a landowner and developer of land to which OP 2024 applies. As Allaura owns land in close proximity to lands owned by Unimotion, it requested that it be granted Party status and that it would shelter under Unimotion’s appeal. There were no objections from either of the Appellants or the Town, and the Tribunal granted Party status to Allaura.
5The Tribunal received a second request for Party status from Macont Developments Inc. (“Macont”). Macont is the owner of lands at 14535 and 14583 Yonge Street and at 5 and 7 Allaura Boulevard. Macont noted that its lands were near those under appeal, and that the appealed land use designation also applied to its land. There were no objections from either of the Appellants or the Town and the Tribunal granted Party status to Macont.
MEDIATION
6The Appellants’ inclination was to proceed with Tribunal-led mediation. Ms. Layton explained that, with respect to mediation, she had no instructions from the Town on how to proceed. Ms. Layton noted that the Town Council would be meeting on November 5, 19, and 26, and that she should have their directions by the end of that month.
7Ms. Layton asked the Appellants to provide a draft Issues List (“IL”) that she could forward to the Town Council in order to provide clarification on the issues raised on appeal. The Appellants agreed that such a document would be forwarded to Ms. Layton by November 04, 2024, with the understanding that this was a “without prejudice” list to provide Council with an idea of what would be mediated.
8The Tribunal informed the Parties that mediation could be coordinated through the Case Coordinator or by direct contact with the Tribunal’s Mediation department.
NEXT STEPS
9As Mediation appears to be the Appellants’ preferred path, a second CMC was not scheduled at this time. The Parties are reminded that, should mediation assist in narrowing the IL but not resolving the entire appeal, they should reach out to the Case Coordinator to schedule a second CMC, to ensure that the matter proceeds in a timely manner.
ORDER
10The directions set out above are so ordered by the Tribunal.
11There shall be no further notice.
12This Member is not seized.
“G.A. Croser”
G.A. CROSER
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.