du territoire
Ontario Land Tribunal
Tribunal ontarien de l’aménagement
ISSUE DATE: February 14, 2024
CASE NO(S).: OLT-23-001026
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Magnum General Contracting Inc.
Subject: Site Plan
Description: To permit the development of 78 townhouse units
Reference Number: SP/04/2021
Property Address: Part of Lot 18, Conc. 5, known as Part 2, Plan 40R-20203 (north parcel) and Block 123, Plan 40M-2029 (south parcel), Ward 2
Municipality/UT: Scugog/Durham
OLT Case No.: OLT-23-001026
OLT Lead Case No.: OLT-23-001026
OLT Case Name: Magnum General Contracting Inc. v. Scugog (Township)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Magnum General Contracting Inc.
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit the development of 78 townhouse units
Reference Number: S-S-2020-01
Property Address: Part of Lot 18, Conc. 5, known as Part 2, Plan 40R-20203 (north parcel) and Block 123, Plan 40M-2029 (south parcel), Ward 2
Municipality/UT: Scugog/Durham
OLT Case No.: OLT-23-001027
OLT Lead Case No.: OLT-23-001026
OLT Case Name: Magnum General Contracting Inc. v. Scugog (Township)
Heard: February 12, 2024, by Video Hearing
APPEARANCES:
Parties
Counsel
Magnum General Contracting Inc. (“Applicant/Appellant”)
Katarzyna Sliwa
Michael James
Township of Scugog
Mark Joblin
Region of Durham
Robert Woon
MEMORANDUM OF ORAL DECISION DELIVERED BY D. CHIPMAN, ON FEBRUARY 12, 2024, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference (“CMC”) with respect to appeals filed by Magnum General Contracting Inc. on the Township’s failure to make a decision within the permitted timelines pursuant to s. 41(12) of the Planning Act (“Act”) on a Site Plan Control Application, and pursuant to s. 51(34) of the Act on a draft Plan of Subdivision Application.
2The Property is municipally known as Part of Lot 18, Concession 5, known as Part 2, Plan 40R-20203 (north parcel) and Block 123, Plan 40M-2029 (south parcel), Ward 2 (“Subject Property”).
3The Applicant seeks permission to develop 78 townhouse units, which are to be comprised of 33 dual frontage townhouse units, 36 back-to-back townhouse units and nine street townhouse units.
4The Parties indicated there are currently Official Plan Amendment (“OPA”) and Zoning By-law Amendment (“ZBA”) appeals before the Tribunal which are scheduled to be heard in the early part of Summer (2024).
5Having received an Affidavit of Service dated on January 17, 2024, executed by Andrea Paterson, acknowledging that proper Notice had been served on the draft Plan of Subdivision, the Tribunal marked the Affidavit as Exhibit 1. Understanding that the Township had served Notice on the Site Plan Control Appeal, the Affidavit of Service was marked as Exhibit 2.
REQUEST FOR STATUS
6The Region of Durham requested Party status based on its participation throughout the planning process thus far, and as the planning authority on the draft Plan of Subdivision.
7Having heard no objections from either the Applicant or the Township, the Tribunal conferred Party status to the Region of Durham.
8The Tribunal received one Participant status request from the Kawartha Conservation as a result of their delegated interest in natural hazard responsibilities which might affect the Subject Property. It was noted that Kawartha Conservation has played an active role in reviewing the applications.
9Hearing no objections from the Parties, the Tribunal conferred Participant status to Kawartha Conservation and notes their comments are on file for consideration of the Member attending the Merit Hearing.
NEXT STEPS
10The Parties requested that a second CMC be set after the outcome of the OPA and ZBA appeals have been determined by the Tribunal, and to allow the Parties time to further their discussions in an effort to resolve their issues. The Parties agreed that a second CMC in the early fall (2024) would be appropriate.
11The Tribunal concurs that the forthcoming OPA and ZBA Hearing may have an impact on moving this matter forward. The Tribunal directs that a second CMC will commence on Monday, September 23, 2024, at 10 a.m. by Video Hearing.
12The Parties are directed to submit to the Case Coordinator, ten (10) days in advance of the next CMC, either a written status update on the outcome of advancing discussions or a draft Procedural Order and Issues List to ensure the Tribunal is prepared for the next CMC.
13Parties are asked to log in to the Video Hearing at least 15 minutes before the start of the event to test their video and audio connections:
GoToMeeting: https://global.gotomeeting.com/join/709076365
Access Code: 709-076-365
14Parties 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\](https://app.gotomeeting.com/home.html/)
15Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling in to an audio-only telephone line: (Toll-Free) 1-888-299-1889 or +1 (647) 497- 9373. The Access Code as indicated above.
16Individuals 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 Video Hearing 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.
17The Tribunal inquired as to whether there were any other matters to be addressed which might assist in the fair, just and expeditious resolution of this matter. The Parties indicated that there were none.
ORDER
18THE TRIBUNAL ORDERS that:
A second Case Management Conference will commence on Monday, September 23, 2024, at 10 a.m. by Video Hearing;
Party status is granted to the Region of Durham; and
Participant status is granted to Kawartha Conservation.
19This Member is not seized but will continue to manage this file.
20No further notice is required.
21This Member remains available through the Case Coordinator should the need arise.
“D. Chipman”
D. CHIPMAN
MEMBER
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.