Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 08, 2024
CASE NO(S).: OLT-23-000520 OLT-23-001291
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Argo Kennedy Limited Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To redesignate the subject property to facilitate a residential development Reference Number: POPA 2021-0009 Property Address: Mayfield West Secondary Plan Area Municipality/UT: Caledon/Peel OLT Case No: OLT-23-000520 OLT Lead Case No: OLT-23-000520 OLT Case Name: Argo Kennedy Ltd. v. Caledon (Town)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Argo Kennedy Limited Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit the development of a residential subdivision including single detached homes, rear-lane and back-to-back townhomes and a medium density block Reference Number: PRE 2021-0013 Property Address: 12891 Hurontario Street, 0 School Road and 3431 Old School Road Municipality/UT: Caledon/Peel OLT Case No: OLT-23-001291 OLT Lead Case No: OLT-23-001291 OLT Case Name: Argo Kennedy Ltd. v. Caledon (Town)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Argo Kennedy Limited Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision Description: To permit the development of a residential subdivision including single detached homes, rear-lane and back-to-back townhomes and a medium density block Reference Number: PRE 2021-0013 Property Address: 12891 Hurontario Street, 0 School Road and 3431 Old School Road Municipality/UT: Caledon/Peel OLT Case No: OLT-23-001292 OLT Lead Case No: OLT-23-001291
Heard: February 21, 2024 by Video Hearing ("VH")
APPEARANCES:
| Parties | Counsel |
|---|---|
| Argo Kennedy Limited ("Appellant") | Patrick Harrington Alexander Suriano |
| Town of Caledon ("Town") | Raj Kehar Max Rubin |
| Regional Municipality of Peel | Brett Baker Rachel Godley (in absentia) |
| School West Investments Inc., Caledon Development LP, Caledon Development General Partner Ltd., School Valley South Ltd., School Valley Developments Ltd. and Brookvalley Developments (HWY 10) Ltd. (collectively, "Brookvalley") | Andrew Biggart |
| Toronto and Region Conservation Authority | Barbara Montgomery |
MEMORANDUM OF ORAL DECISION DELIVERED BY K.R. ANDREWS ON FEBRUARY 21, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the second Case Management Conference ("CMC") of the Ontario Land Tribunal ("Tribunal") for Case No. OLT-23-000520, concerning an Official Plan Amendment ("OPA") and it is the first CMC related to OLT-23-001291, concerning a Zoning By-law Amendment ("ZBA") and a Draft Plan of Subdivision ("DPS"), all regarding the same lands. The Appeals each arise following non-decisions by the Town concerning the respective applications.
2The subject property is bounded by Old School Road to the north, Hurontario Street to the west, the Greenbelt Plan area to the east, and the existing Mayfield West Secondary Plan boundary to the south. It is approximately 62 hectares in size and is currently used for agricultural purposes, related residential uses, a cemetery and a school.
3The applications are being sought to redesignate the subject property to facilitate a residential development and, more specifically, a residential subdivision including single detached homes, rear-lane and back-to-back townhomes, and a medium density block.
Hearing together of the matters
4At the outset of the hearing, the Tribunal was asked to consider an order to have the two matters, OLT-23-000520 and OLT-23-001291, heard together due to obvious overlapping of subject matter, evidence, etc. There was no opposition to this request and the Tribunal finds that it obviously benefits the hearing of both Appeals, so the request is granted.
5The Tribunal notes that, in addition to the above-mentioned request to have the Appellant’s two matters heard together, the Tribunal was informed that Brookvalley is considering making a request to have an appeal of its own heard at the same time as the present matters. However, they are not ready to make this request, so they informed the Tribunal that they may bring their request at a subsequent hearing event.
Service of Notice of Case Management Conference ("CMC")
6Notice with respect to the first CMC of OLT-23-000520 was addressed at that matter’s first CMC. Regarding OLT-23-001291, separate notice for the present CMC is necessary because it is the first event for that matter. The Tribunal confirms that it is satisfied with the notice for OLT-23-001291, and so now no further notice is required with respect to either matter. The Tribunal is in receipt of the Affidavit of Service for the OLT-23-001291 Notice, which is marked as Exhibit 1.
Requests for Status
7Counsel for Cedar Rox Heart Lake Inc. attended the CMC seeking Participant status. The Tribunal heard that the company has an interest in the matter as an area landholder. With consent of the Parties, the Tribunal granted Participant status to the company.
8Counsel for the Ministry of Municipal Affairs and Housing (the "Ministry") attended the CMC seeking Party Status. The Tribunal heard that the Ministry takes an interest in the matter because the lands include and/or are adjacent to lands that the province is contemplating for a transportation (Highway 413) and energy corridor.
9The Tribunal heard from the existing Parties, and Brookvalley, in particular, about the fact that little to no notice was provided to the Parties about the Ministry’s request. Counsel for Brookvalley submitted that he is simply not in a position to make submissions on the request, having had no opportunity to consider the request nor consult with his client about it.
10The Tribunal finds that procedural fairness requires that the existing Parties should be given time to consider the Ministry’s request and make informed submissions. In order to deal with this efficiently, the Tribunal finds that the addition of the Ministry can be done administratively if the Parties all eventually consent to the request. This can be done administratively in the present case because the Tribunal is already satisfied that the Ministry should be granted Party status barring any compelling opposition. If, however, all of the Parties do not consent, then the Tribunal wishes to hear submissions regarding their opposition and make a final determination upon such submissions. The Tribunal, therefore, will schedule a subsequent CMC for this purpose (see scheduling below), to be used only if any of the Parties remain in opposition. That date may be vacated in the event that the Parties all consent and the request is granted by the Tribunal administratively.
11No one else attended the CMC seeking either Party or Participant status.
MEDIATION AND SETTLEMENT
12The Tribunal explored the possibility of mediation and settlement with the Parties. The Parties all expressed openness to resolution discussions and further confirmed that they are already actively engaged in such efforts.
PROCEDURAL ORDER AND ISSUES LIST
13The Tribunal received and reviewed a draft Procedural Order ("PO") from the Appellant. Counsel for the Appellant explained that it is a working copy and it will require more refinement given the prospect of new Parties being added, as well as the previously unsettled nature of their request to have their OPA, ZBA and DPS Appeals all heard together.
14Given that the Parties have indicated that a hearing should not take place until the first quarter of 2025, and the fact that the Parties are seeking at least two more CMCs to potentially deal with the resolution of all or part of the subject Appeals (see hearing schedule below), the Tribunal finds that there is no rush to approve a draft PO at the present hearing. As a result, the Tribunal directed the Parties to finalize a draft PO to file in advance of the October 1, 2024, CMC. In the present case, the Tribunal has no issue with setting hearing dates without having a draft PO filed.
scheduling Subsequent CMCs and MERIT HEARING
15Upon the request of the Parties, the Tribunal set a subsequent CMC hearing commencing on Tuesday, March 26, 2024 at 10 a.m. by VH. This hearing is scheduled to potentially deal with any opposition to the Ministry’s party status request. If there is no opposition, the Parties will inform the Tribunal as soon as reasonably possible so the date may be suitably vacated. No further Notice is required.
16Upon the request of the Parties, the Tribunal set a subsequent CMC hearing commencing on Wednesday, May 8, 2024 at 10 a.m. by VH. This hearing is scheduled to potentially deal with settlement of the Appellant’s OPA Appeal. If there is no settlement, the Parties will inform the Tribunal as soon as reasonably possible so the date may be suitably vacated. No further Notice is required.
17Upon the request of the Parties, the Tribunal set another subsequent CMC hearing commencing on Tuesday, October 1, 2024 at 10 a.m. by VH. This hearing is scheduled to potentially deal with settlement of the Appellant’s ZBA and DPS Appeals. If there is no settlement, the Parties will inform the Tribunal as soon as reasonably possible so the date may be suitably vacated. No further Notice is required.
18Upon the request of the Parties, the Tribunal set a four-week hearing commencing on Tuesday, March 4, 2025, at 10 a.m. by video hearing. No further Notice is required for the hearing.
19The CMCs and Merit Hearing are scheduled to proceed by VH as follows:
Tuesday, March 26, 2024 at 10 a.m. (one-day CMC) GoTo Meeting: https://global.gotomeeting.com/join/909787981 Access code: 909 787 981 Audio-only telephone line: (Toll Free) 1-888-455-1389 or +1 (647) 497-9391 Audio-only access code: 909 787 981
Wednesday, May 8, 2024 at 10 a.m. (one-day CMC) GoTo Meeting: https://global.gotomeeting.com/join/979388733 Access code: 979 388 733 Audio-only telephone line: (Toll Free) 1-888-299-1889 or +1 (647) 497-9373 Audio-only access code: 979 388 733
Tuesday, October 1, 2024 at 10 a.m. (one-day CMC) GoTo Meeting: https://global.gotomeeting.com/join/979388733 Access code: 979 388 733 Audio-only telephone line: (Toll Free) 1-888-299-1889 or +1 (647) 497-9373 Audio-only access code: 979 388 733
Tuesday, March 4, 2025, at 10 a.m. (four-week Merit Hearing) GoTo Meeting: https://global.gotomeeting.com/join/719383509 Access code: 719 383 509 Audio-only telephone line: (Toll Free) 1-888-299-1889 or +1 (647) 497-9373 Audio-only access code: 719 383 509
20Parties 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.
21Parties 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
22Persons 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.
23Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in VH 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
24The Tribunal Orders that:
i. Tribunal Case Nos. OLT-23-000520 and OLT-23-001291 shall be heard together;
ii. The date and particulars of the subsequent Case Management Conferences ("CMC") and Merit Hearing are set out above;
iii. A draft Procedural Order shall be filed with the Tribunal in advance of the October 1, 2024 CMC, if necessary;
iv. Cedar Rox Heart Lake Inc. is granted Participant status; and,
v. The Ministry of Municipal Affairs and Housing may be granted Party status by the Tribunal administratively, along with cancelling the March 26, 2024 CMC, if the Parties all confirm that they consent.
25The Member is not seized but may be spoken to through the Case Coordinator if any issues arise.
"K.R. Andrews"
K.R. ANDREWS 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.