CORRECTION NOTICE

OLT CASE NO(S).: OLT-24-000706

DECISION ISSUE DATE(S): December 11, 2024

CORRECTION NOTICE ISSUE DATE: December 17, 2024

RE: Harris v. King (Township)

Correction to: The second-last digit in the final telephone number shown in the first sentence of paragraph 16.

Originally:

“[16] Individuals 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-

9393. […]”

Corrected to:

“[16] Individuals 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. […]”

“Euken Lui”

EUKEN LUI REGISTRAR

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.

ISSUE DATE: December 11, 2024

CASE NO(S).: OLT-24-000706

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Appellant: 611428 Ontario Limited

Appellant: Augustinian Fathers (Ontario) Inc.

Appellant: B&D Love Inc.

Appellant: William A. Harris

Subject: Zoning By-law

Description: To permit a new township-wide zoning by-law

Reference Number: Z-2024-01; By-law 2024-028

Property Address: Countryside Areas

Municipality/UT: King/York

OLT Case No: OLT-24-000706

OLT Lead Case No: OLT-24-000706

OLT Case Name: Harris v. King (Township)

Heard: December 04, 2024 by Video Hearing

APPEARANCES:

Parties

Counsel

611428 Ontario Limited, B&D Love Inc. and William A. Harris

Austin Ray Steven Ferri

Augustinian Fathers (Ontario) Inc.

Jenna Morley

Township of King

Tom Halinski

Concerned Citizens of King Township and Save The Oak Ridges Moraine

David Donnelly

MEMORANDUM OF ORAL DECISION DELIVERED ON DECEMBER 4, 2024 BY S. DEBOER AND ORDER OF THE TRIBUNAL

INTRODUCTION

1The matter before the Tribunal was the second Case Management Conference (“CMC”) with respect to the appeals filed by 611428 Ontario limited, B&D Love Inc., William A. Harris, Augustinian Fathers (Ontario) Inc. (“AFOI”), against the passing of the Township of King’s Zoning By-law 24-024 (“ZBA”) under s. 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended (“Act”).

2The purpose of the Township-initiated ZBA is to enact “housekeeping changes” to the parent Countryside Zoning By-Law 2022-053 (“Countryside By-law”) by making corrections, clarifying provisions, and introducing new provisions to ensure conformity with the King Official Plan, and is applicable over eighty percent of the geographic area of the Township including the Hamlets of Ansnorveldt, Graham Sideroad, Kettleby, Laskay, Lloydtown, Pottageville and Snowball. The ZBA also applies to the Township’s agricultural areas, including prime agricultural areas and the Holland Marsh Specialty Crop Area, the Protected Countryside of the Greenbelt, portions of the Natural Core, Linkage and Countryside areas of the Oak Ridges Moraine, and the Nobleton Village Reserve.

3A link to the first CMC Decision, issued November 7, 2024, is provided here for further background context: OLT-24-000706-NOV-07-2024.docx.

4Mr. Halinski advised the Tribunal that settlement discussions are ongoing with 611428 Ontario Limited and with William A. Harris. These discussions have not been completed; however, Mr. Halinski is confident that a settlement can be reached, and his request was for a further CMC to be scheduled in February, which would allow for a scoped issues list to be completed and approved by the Tribunal.

5Mr. Halinski continued and stated that the appeals by B&D Love Inc. and AFOI, in essence, largely resemble the Pompilio appeal (OLT-23-000213), which is currently the subject of a review application (“Pompilio Review”) under s. 23 of the Ontario Land Tribunal Act. The Parties agreed that these appeals should continue to be deferred until the Pompilio Review has been determined, as this determination could resolve the appeals by these Parties.

PARTY STATUS

6Mr. Donnelly requested that the Tribunal grant his clients Party Status and stated that he had spoke of having submitted supporting documentation to the Parties concerning his request, to which the other Parties had not yet responded. Ms. Morley and Mr. Ferri opposed the Party Request and made verbal submissions asking that this Party request be deferred until the Pompilio Review has been completed. Mr. Donnelly responded that his request would not interfere with the issues of the other Parties. Mr. Donnelly did not confirm for the Tribunal which issues he would be sheltering under.

7The Tribunal agreed with Ms. Morley and Mr. Ferri that they have the right to object to the Party Status Request and that the Party Status is not a “given”, especially concerning any entities that do not own any lands within the Zoning By-law area in dispute.

8The Parties requested that a third CMC be held in early February, by which time, they thought that the Pompilio Review would be determined and would possibly lead to a further scoping of the issues for the next CMC.

9The Tribunal felt that a date in early February might not allow enough time for the Parties to complete any possible settlements or scoping of issues, pending on the release of the Pompilio Review.

10Mr. Donnelly requested a hearing date of March 3rd, 2025, of the Tribunal, due to OLT Hearings in February and March of 2025 having been previously scheduled. The Tribunal was not able to schedule the date as requested, but was able to schedule a CMC to be held on Thursday, February 27, 2025, at 10 a.m.

11Mr. Donnelly stated that he would not be able be available for this date due to the previously scheduled matters. The Tribunal was understanding of this and gave direction that if Mr. Donnelly could not find someone to represent his Parties at the next CMC, he could make a written motion to the Tribunal to determine his Party Status. The Tribunal gave direction that this Motion should be made once the result of the Pompilio Review had been finalized and before the CMC of February 27, 2025.

12The Tribunal further directed Mr. Halinski that if a settlement were to occur with any of the Parties, he could submit these settlements in writing via a motion before the next CMC, thus allowing for further scoping of the issues to occur.

13No other Party or Participant requests were made prior to, nor at, the CMC.

THIRD CMC

14The Tribunal has scheduled a third CMC, to be held by video conference Thursday, February 27, 2025, commencing at 10 a.m.

GoToMeeting: https://global.gotomeeting.com/join/687587165

Access Code: 687-587-165

15Individuals 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.

16Individuals 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) 497-9393. The access code is as indicated in paragraph 14, above.

5 OLT-24-000706

17Individuals 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

18THE TRIBUNAL ORDERS THAT:

(a) The third Case Management Conference is scheduled as described above;

(b) The Parties shall provide a draft Procedural Order for review by the Tribunal by no later than one week prior to the Case Management Conference.

“S. deBoer”

S. deBOER 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.