Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 30, 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: November 29, 2024 by video hearing
APPEARANCES:
Parties
Counsel
Magnum General Contracting Inc.
Michael James Katarzyna Sliwa (in absentia)
Township of Scugog
Alexandra Whyte Mark Joblin (in absentia)
Regional Municipality of Durham
Samantha Whalen Adam Patel Robert Woon (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY C.I. MOLINARI ON NOVEMBER 29, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision and Order arises from a second Case Management Conference (“CMC”) held to provide the Tribunal with a further update on the appeals brought under s. 41(12) and 51(34) of the Planning Act (“Act”) by Magnum General Contracting Inc. (“Appellant”) regarding the failure of the Township of Scugog (“Township”) to make decisions on Site Plan Approval and Draft Plan of Subdivision applications within the timeframe prescribed by the Act for the property as described in the Title of Proceedings above and which is located at the northwest corner of Simcoe Street and King Street in Port Perry. Related Official Plan and Zoning By-law amendments were previously approved by the Tribunal.
2At the first CMC, the Regional Municipality of Durham was granted Party status and Kawartha Conservation was granted Participant status. The Tribunal clarified that the Parties to the Site Plan appeal are limited to the Township and the Appellant.
3No further requests for Party or Participant status were received ahead of, or during, this CMC.
PROCEDURAL ORDER AND ISSUES LIST
4A draft Procedural Order (“PO”) was submitted to the Tribunal but did not include an Issues List (“IL”). The Parties advised that they were finalizing the IL and were directed to submit the final draft PO with the final IL by Friday, December 13, 2024.
5The final draft PO with the IL was subsequently filed with the Tribunal and is attached as approved.
NEXT STEPS
6As requested by the Parties, the Tribunal scheduled a seven-day merit hearing to be held by video, commencing on Monday, May 26, 2025 at 10 a.m.
7Parties and/or Participants and/or Observers are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections:
GoTo Meeting: https://meet.goto.com/943363669
Access code: 943-363-669
8Parties and/or 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 GoTo Meeting or a web application is available: https://app.gotomeeting.com/home.html
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