Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 28, 2024
CASE NO(S).: OLT-23-001168
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 2623841 Ontario Inc., and MLB Holdings Ltd. (Cedar North Developments Inc.)
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To rezone portion of the land into residential multiple low, medium and high density zones.
Reference Number: ZBA34-22-WV
Property Address: 184 Pinehurst Road, Paris, Ontario (Part of Lots 28 & 29, Concession 2)
Municipality: County of Brant
OLT Case No.: OLT-23-001168
OLT Lead Case No.: OLT-23-001168
OLT Case Name: 2623841 Ontario Inc v. Brant (County)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 2623841 Ontario Inc., and MLB Holdings Ltd. (Cedar North Developments Inc.)
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To rezone portion of the land into residential multiple low, medium and high density zones.
Reference Number: PS3-22-MV
Property Address: 184 Pinehurst Road, Paris, Ontario (Part of Lots 28 & 29, Concession 2)
Municipality/UT: County of Brant
OLT Case No.: OLT-23-001169
OLT Lead Case No.: OLT-23-001168
Heard: February 20, 2024 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| 2623841 Ontario Inc. and MLB Holdings Ltd. | Kim Mullin, Mithea Murugesu |
| County of Brant | Brian Duxbury, Rochelle M. Welchman |
| Paris Grand Estates Inc. | Alex Lusty |
MEMORANDUM OF ORAL DECISION DELIVERED BY BITA M. RAJAEE ON FEBRUARY 20, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference (“CMC”) before the Tribunal with respect to appeals under sections 34(11) and 51(34) of the Planning Act by 2623841 Ontario Inc. and MLB Holdings Ltd. (also known as Cedar North Development Inc.) (“Applicant”) resulting from the failure of the County of Brant (“County”) to make a decision within the statutory timeframe on applications for a Zoning By-law Amendment (“ZBA”) and a Draft Plan of Subdivision (“DPOS”).
2The ZBA and DPOS relate to lands located at 184 Pinehurst Road in Paris. The purpose of the instruments is to allow for the development of a mixed-used community, with approximately 776 to 984 residential units, a commercial mixed-use component, a park, a sanitary pumping station, a stormwater management block, and a school block (“Proposal”).
3At the CMC, the Tribunal canvassed Counsel, who confirmed that there was no issue with the service of the Notice of CMC. The Tribunal is in receipt of the Affidavit of Service, sworn by Daniela La Gamba on January 17, 2024, which was marked as Exhibit 1, and confirms that Notice was adequately provided. As such, no further notice is required.
PARTY/PARTICIPANT STATUS REQUESTS
4The Tribunal was tasked with adjudicating a Party Status request from Paris Grand Estates Inc. (“PGEI”), which owns approximately 61 hectares (150 acres) of land located north of the Grand River in Paris. PGEI submitted its own ZBA and DPOS applications, which were approved by the Tribunal on June 29, 2018, along with redline revisions which were approved by the Tribunal on May 31, 2022. PGEI has been working to implement its approvals, and registered the first phase of its seven-phase subdivision on September 1, 2022. PGEI still needs to construct approximately 673 dwelling units to complete the subdivision. PGEI’s interest in this matter relates to the feasibility of servicing for its own subdivision in conjunction with the Proposal, including the provision of water, wastewater services, and transportation capacity along the Grand River Street North Corridor.
5Upon hearing submissions from PGEI’s Counsel, and receiving no objection from the Parties, the Tribunal granted Party Status to PGEI, as it has an interest in the matter, meets the “obvious factor” requirements for being a Party in this proceeding, and will assist the Tribunal in making a determination on the issues.
DRAFT PROCEDURAL ORDER AND ISSUES LIST
6The Parties did not provide a draft Procedural Order (“PO”) or Issues List (“IL”) prior to the CMC. As the Applicant’s Counsel explained, the Applicant intended to make a resubmission of the application to the County, which would then have to be assessed by the County. The relevant issues could only be identified after this resubmission. As such, the Applicant’s Counsel requested that a second CMC be scheduled to allow the County to review the resubmission and the Parties to identify the issues to be adjudicated. The other Parties agreed with this request.
7The Tribunal agreed and a second CMC was scheduled, with the particulars shown in the paragraphs below. A draft PO and IL, along with/or a status update, is to be provided to the Tribunal in advance of the CMC, by Thursday, July 11, 2024. The Applicant’s Counsel undertook to submit these to the Case Coordinator by that date.
MEDIATION AND SETTLEMENT
8The Tribunal raised the issue of opportunities for settlement discussions, including the use of Tribunal-assisted mediation. While all Parties were open to mediation, and some discussions had already taken place, the appropriateness of mediation will become clear only after the Applicant’s resubmission. The Parties were directed to advise the Tribunal in writing should they reach a settlement with respect to some or all of the issues and, should they wish to pursue Tribunal-assisted mediation, they may make a written request to the Tribunal through the Case Coordinator for those services.
SECOND CMC
9As indicated above, the Parties requested that a second CMC be scheduled within a few months, to allow the County enough time to consider the Applicant’s resubmission. A second CMC has now been scheduled to take place by Video Hearing on Thursday, July 18, 2024 at 10 a.m., at the following coordinates:
GoToMeeting: https://global.gotomeeting.com/join/692665589
Access Code: 692-665-589
10On that date, the Parties 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. Persons 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 is as indicated in paragraph [9] above.
11Parties 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
12Individuals 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
13THE TRIBUNAL ORDERS as follows:
a. Paris Grand Estates Inc. is now a Party to these proceedings.
b. A second CMC is scheduled to proceed, by video hearing, on Thursday, July 18, 2024, at 10 a.m.
c. The Procedural Order and Issues List, or a status update, are to be provided to the Tribunal by Thursday, July 11, 2024.
14There will be no further notice.
15The Member is not seized, but may be available for case management, should procedural issues arise and scheduling permit.
“Bita M. Rajaee”
BITA M. RAJAEE
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.