Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 20, 2024
CASE NO(S).: OLT-23-000616
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: 1608316 Ontario Inc. and See Path Group Inc.
Appellant: Frontdoor Developments (Garrard) Inc.
Appellant: Frontdoor Developments (Palmerston) Inc.
Subject: Proposed Official Plan Amendment
Description: The purpose of OPA 130 is to introduce additional policies to aid in managing residential infill and intensification in mature neighbourhoods in the study area.
Reference Number: By-law # 7996-23, OPA# 130
Property Address: 780 Garden Street
Municipality/UT: Whitby/Durham
OLT Case No: OLT-23-000616
OLT Lead Case No: OLT-23-000616
OLT Case Name: 1608316 Ontario Inc. and See Path Group Inc. v. Whitby (Town)
Heard: January 30, 2024 by video hearing
APPEARANCES:
Parties
Counsel
Frontdoor Developments (Garrard) Inc.
Andrea Skinner
Frontdoor Developments (Palmerston) Inc.
Andrea Skinner
Town of Whitby
Andrew Biggart Tina Kapelos (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY S. BOBKA ON JANUARY 30, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference (“CMC”) regarding appeals pursuant to subsections 17(24) of the Planning Act (“Act”) regarding the decision of the Town of Whitby (“Town”) to adopt Official Plan Amendment 130 (“OPA 130”) which introduces additional policies to aid in managing residential infill and intensification in mature neighbourhoods.
2Notice of this CMC was provided by the Tribunal and, as no issues were raised by the Parties, the Tribunal finds that notice was appropriately given and that no further notice is required.
3At the start of the CMC, the Tribunal was advised by Mr. Biggart, Counsel for the Town, that Counsel for 1608316 Ontario Inc. and See Path Group Inc. (“Appellant 1”) would not be appearing at today’s CMC as a matter that could settle their client’s appeal had gone before Town Council the night before. Mr. Biggart had been asked to relay to the Tribunal that depending on the outcome of that meeting, Appellant 1 would either be withdrawing their appeal or would be in attendance at a subsequent CMC.
BACKGROUND
4The Town Council passed By-law # 7996-23 on May 15, 2023, to adopt OPA 130 to the Town’s Official Plan.
5Appeals were subsequently filed by:
a. Appellant 1: 1608316 Ontario Inc. and See Path Group Inc. 1608316 Ontario Inc. is the current registered owner of the property at 780 Garden Street. See Path Group Inc. has entered into an Agreement of Purchase and Sale to purchase that property but, as at the time of filing the appeal, that transaction had not closed.
b. Appellant 2: Frontdoor Developments (Garrard) Inc. Appellant 2 owns a 1.9 hectare property located on the east side of Garrard Road between Donald Wilson Street and Eric Clark Drive.
c. Appellant 3: Frontdoor Developments (Palmerston) Inc. Appellant 3 owns the property located at 400 Palmerston Avenue.
UPDATE
6Counsel for the Parties confirmed that discussions had been ongoing regarding possible paths forward. It was jointly suggested by the Parties that a second CMC be set no earlier than mid-May 2024.
7Mr. Biggart stated that the Town had been working with all Parties to try and resolve matters. He explained that Ms. Skinner’s clients had other matters which were scheduled to be before Council in mid-March, and that it would be practical for the next CMC to be set after the appeal period for those matters had expired (which would likely be in late April). He also explained that Ms. Skinner had provided a broad-based Issues List (“IL”) to the Town; however, it was anticipated that this IL could be significantly scoped following the mid-March Council meeting. He suggested a subsequent CMC in late May. He advised that the Parties would either be coming to the next CMC with a settlement proposal or a draft Procedural Order (“PO”) and scoped IL for the Tribunal’s consideration. He also advised that the Town would be looking to bring the parts of OPA 130 not under appeal into force and effect.
8Ms. Skinner concurred with Mr. Biggart’s summary and general path forward, but highlighted that at this time her clients’ appeals were of the entire OPA. She concurred that a late May date would provide sufficient time for proper organization.
Tribunal-Led Mediation
9At the CMC, the Tribunal neglected to mention the availability of Tribunal-led mediation, but highlights its availability and advises the Parties to contact the Case Coordinator should they wish to pursue this option and begin the intake process.
NEXT STEPS
10Upon review and consideration, the Tribunal scheduled a second CMC on Tuesday, June 18, 2024, at 10 a.m. by video hearing.
11Parties and participants 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://global.gotomeeting.com/join/979388733
Access code: 979-388-733
12Parties and 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 GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html
13Persons 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: (Toll Free) 1-888-299-1889 or +1 (647) 497-9373. The access code is 979-388-733.
14Individuals 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.
15The Tribunal advised the Parties that if providing a draft PO (including IL), it is to be provided to the Tribunal for review and consideration on or before Tuesday, June 4, 2024. The Tribunal also advised that if a settlement proposal is reached, those materials are to be provided to the Tribunal as early as possible.
ORDER
16The Tribunal Orders that:
a) A second Case Management Conference is scheduled as set out in paragraph [10];
b) There will be no further notice; and
c) The Member is not seized on this matter.
“S. Bobka”
S. BOBKA
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.