Telephone City Aggregates Inc. v. Brant (County), 2024 CanLII 112369

ISSUE DATE: November 08, 2024

CASE NO(S).: OLT-21-001564

PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Applicant/Appellant: Telephone City Aggregates Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a 390 unit residential development including detached dwellings and multiple residential dwellings
Reference Number: ZBA5/14/MD
Property Address: Part of Lots 13-16, Concession 1
Municipality/UT: Brantford/Brant
OLT Case No: OLT-21-001564
OLT Lead Case No: OLT-21-001564
OLT Case Name: Telephone City Aggregates Inc. v. Brant (County)

PROCEEDING COMMENCED UNDER section 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Applicant/Appellant: Telephone City Aggregates Inc.
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit a 390 unit residential development including detached dwellings and multiple residential dwellings
Reference Number: PS1/14/MD
Property Address: Part of Lots 13-16, Concession 1
Municipality/UT: Brantford/Brant
OLT Case No: OLT-21-001565
OLT Lead Case No: OLT-21-001564

Heard: November 4, 2024 by video hearing

APPEARANCES:

Parties	Counsel
Telephone City Aggregates Inc.	Shelley Kaufman, Scott Snider
County of Brant	David Tang, Thomas Sanderson
Dr. Laura Shoots, et al.	Alex Ciccone

MEMORANDUM OF ORAL DECISION DELIVERED BY F. LAVOIE ON NOVEMBER 4, 2024 AND ORDER OF THE TRIBUNAL

1This Decision arises from the fourth Case Management Conference (“CMC”) regarding an Appeal brought by Telephone City Aggregates Inc. (“Appellant”) against the failure of the County of Brant (“County”) to make decisions with respect to applications to rezone and approve a plan of subdivision on lands described as part of the William Curtis Grant, in the Town of Paris, and which are currently zoned for aggregate extraction.

ADJOURNMENT OF THE MERIT HEARING

2At the previous CMC, the Tribunal had scheduled the Merit Hearing to commence on Monday, February 24, 2025. The Parties seek an adjournment of the Merit Hearing to a later date, for the reasons set out below.

3Mr. Tang, counsel to the County, advised the Tribunal that he had received a “without prejudice” report from Mr. Ciccone which raised new geotechnical issues. He further advised the County would need to retain an additional expert to review this report. He expressed concerns with the ability of the County to do so, given there was only approximately three months before the Merit Hearing. Mr. Tang requested the Tribunal adjourn the Merit Hearing to a later date, to allow the County to retain an expert and review the report.

4The Appellant consented to the adjournment, on the condition the report was circulated on a “with prejudice” basis and the hearing was rescheduled, at the latest, in August 2025. All Parties consented to an adjournment pursuant to these terms.

SCHEDULING OF THE MERIT HEARING

5The Tribunal adjourned the five-day Merit Hearing to commence on Monday, August 18, 2025 at 10 a.m., by Video Hearing.

6Parties 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:

GoTo Meeting: https://meet.goto.com/278736685

Access code: 278-736-685

7Parties 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 at: https://app.gotomeeting.com/home.html

8Persons 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: Audio-only telephone line: +1 (647) 497-9391or (Toll-Free) 1-888-455-1389. The Access Code is as indicated above.

9Individuals 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.

PROCEDURAL MATTERS

10The Tribunal directs Mr. Ciccone to provide to all Parties a copy of the report on a “with prejudice” basis, no later than Monday, November 18, 2024.

11The Tribunal directs all Parties to provide to the Tribunal an updated Procedural Order and Issues List, no later than Monday, December 2, 2024. The updates required, among other things, include referring to the now in-force Provincial Planning Statement, 2024, narrowing the scope of Issues 3-5, and the addition of geotechnical issues arising, if any, from the “with prejudice” report.

ORDER

12The Tribunal orders the following:

a. The Merit Hearing will commence on Monday, August 18, 2024 at 10 a.m. by Video Hearing. Five days have been set aside.

b. The directions in this decision.

13There will be no further notice.

14This Member is not seized.

“F. Lavoie”

F. LAVOIE

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.