Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 18, 2024
CASE NO(S).: OLT-23-000303 OLT-23-001127 OLT-23-001129
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Caledon Community Partners Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To establish a new Secondary Plan for the Macville Community Area Reference Number: POPA 2021-0002 Property Address: Macville Community Secondary Plan Area Municipality/UT: Caledon/Peel OLT Case No: OLT-23-000303 OLT Lead Case No: OLT-23-000303 OLT Case Name: Caledon Community Partners v. Caledon (Town)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Argo Macville I Corporation, Argo Macville II Corporation, Argo Macville III Corporation, Argo Macville V Corporation, and Argo Humberking Corporation (collectively, the “Macville Owners”) Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit a subdivision that includes single detached and townhouse dwellings, medium density residential, mixed uses, parks, elementary schools, and a stormwater management pond Reference Number: RZ 2022-0002 Property Address: 14275 The Gore Road, 0 Humber Station Road, 14396 Humber Station Road and 0 King Street Municipality/UT: Caledon/Peel OLT Case No: OLT-23-001127 OLT Lead Case No: OLT-23-001127 OLT Case Name: Macville Owners v. Caledon (Town)
PROCEEDING COMMENCED UNDER section 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Argo Macville I Corporation, Argo Macville II Corporation, Argo Macville III Corporation, Argo Macville V Corporation, and Argo Humberking Corporation (collectively, the “Macville Owners”) Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision Description: To permit a subdivision that includes single detached and townhouse dwellings, medium density residential, mixed uses, parks, elementary schools, and a stormwater management pond Reference Number: 21T-22001C Property Address: 14275 The Gore Road, 0 Humber Station Road, 14396 Humber Station Road and 0 King Street Municipality/UT: Caledon/Peel OLT Case No: OLT-23-001128 OLT Lead Case No: OLT-23-001127
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Argo Humber Station Limited Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit a subdivision that includes medium density residential, mixed uses, and a Transit Hub Reference Number: RZ 2022-0003 Property Address: 0 and 14259 Humber Station Road Municipality/UT: Caledon/Peel OLT Case No: OLT-23-001129 OLT Lead Case No: OLT-23-001129 OLT Case Name: Argo Humber Station Limited v. Caledon (Town)
PROCEEDING COMMENCED UNDER section 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Argo Humber Station Limited Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision Description: To permit a subdivision that includes medium density residential, mixed uses, and a Transit Hub Reference Number: 21T-22002C Property Address: 0 and 14259 Humber Station Road Municipality/UT: Caledon/Peel OLT Case No: OLT-23-001130 OLT Lead Case No: OLT-23-001129
Heard: September 16, 2024 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Caledon Community Partners (“CCP”) | Patrick Harrington |
| Argo Macville I Corporation, Argo Macville II Corporation, Argo Macville III Corporation, Argo Macville V Corporation, and Argo Humberking Corporation (collectively the “Macville Owners”) | Patrick Harrington |
| Argo Humber Station Limited (“Argo Humber Owners”) | Patrick Harrington |
| Town of Caledon (“Town”) | Chris Barnett |
| Regional Municipality of Peel (“Region”) | Rachel Godley |
| Peel District School Board (“PDSB”) | Andrew Baker, Julie Lesage |
| Acorn Bolton Inc. (“Acorn”) | Ian Andres |
MEMORANDUM OF ORAL DECISION DELIVERED BY W. DANIEL BEST ON SEPTEMBER 16, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the fourth Case Management Conference (“CMC”) regarding the Caledon Community Partners (“CCP”) proposed Official Plan Amendment (“OPA”) to establish a new Caledon Station Secondary Plan, for which no decision was rendered by Town Council.
2This was also the third CMC regarding site specific appeals for separate Zoning By-law Amendment (“ZBA”) Applications and Draft Plan of Subdivision (“DPOS”) Applications filed as follows, for which no decision was rendered by the Town Council:
| Applications for | Applicant/Appellant | Addresses |
|---|---|---|
| ZBA and DPOS | Macville Owners | 14275 The Gore Road, 0 Humber Station Road, 14396 Humber Station Road and 0 King Street |
| ZBA and DPOS | Argo Humber Owners | 0 and 14259 Humber Station Road |
STATUS UPDATE
3In correspondence dated July 31, 2024, Gold Humber Station Inc. withdrew its status as a Party to these appeals.
4In advance of this CMC, Mr. Harrington, Counsel for the CCP, the Macville Owners and the Argo Humber Owners circulated an update and path forward to all Parties and submitted it to the Tribunal for consideration.
5Mr. Harrington noted that the Parties are actively working toward a resolution and provided an overview of the current status of discussions between the Parties as follows:
- The Parties are working to arrive at a final form to resolve the OPA, ZBA and DPOS.
- THE ZBAs are nearing final form.
- THE DPOS is awaiting a resubmission by the Applicants within the next two weeks which will address circulation comments provided by the Town and external agencies as required.
6There is concurrence amongst the Parties that with the benefit of further time that the planning instruments could be finalized to be presented to the Tribunal for consideration.
7On consent, the Parties requested the following:
- A final CMC be scheduled for a date in November.
- That either a Revised Procedural Order(“PO”) and scoped Issues List (“IL”) or a Settlement Motion Record (in whole or in part) be served by the Applicants at least seven days prior to the November CMC; and
- That the Tribunal release the first two weeks of the Hearing on the Merits, being the weeks of January 20 - 24 and January 27 – 31, 2025.
8The Parties will continue to work towards a full resolution which, if achieved, would be filed as described previously, no later than seven days prior to the November CMC. In the event that a full settlement is not achieved, it is anticipated the Parties will present to the Tribunal a PO for consideration that will allow for a sufficient exchange schedule to have the remaining issues to be adjudicated by the Tribunal during the remaining Hearing on the Merits scheduled in February 2025.
9The Tribunal recognizes the collaborative efforts and expertise of Counsel for the Parties and supports the path forward as presented.
10Upon review and consideration, the Tribunal scheduled the following events:
HEARING SCHEDULE
11The Hearings are scheduled to proceed by video as follows:
CMC: Wednesday, November 27, 2024 at 10 a.m. by Video Hearing
GoTo Meeting: https://global.gotomeeting.com/join/687587165
Access code: 687-587-165
Audio-only telephone line: +1 (647) 497-9373 or Toll-Free 1-888-299-1889
Audio-only access code: 687-587-165
Hearing on the Merits *UPDATED: Monday, February 3, 2025 at 10 a.m. to Friday, February 14, 2025 by Video Hearing
GoTo Meeting: https://meet.goto.com/558205565
Access code: 558-205-565
Audio-only telephone line: +1 (647) 497-9373 or Toll-Free 1-888-299-1889
Audio-only access code: 558-205-565
12Parties and Participants 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.
13Parties 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
14Persons 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.
5Individuals 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
15The Tribunal Orders that:
- Upon confirmation from the Parties, the Appeals shall be dealt with by way of a written Settlement Motion. The returnable date of the Motion shall be determined administratively by the Tribunal, upon future confirmation by the Parties no later than seven days prior to the November 27, 2025 Case Management Conference.
- In the event that a full settlement is not achieved, the Parties will submit to the Tribunal, no later than seven days prior to the scheduled Case Management Conference, a draft Procedural Order, and scoped Issues List for the consideration of the Tribunal.
16The Member is not seized but may be spoken to through the Case Coordinator if any issues arise.
“W. Daniel Best”
W. DANIEL BEST
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.