Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 07, 2024
CASE NO(S).: OLT-22-004717
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Please see Schedule "1"
Subject: Official Plan Amendment
Description: To implement policy directions for the Trafalgar Secondary Plan through OPA (OPA 54)
Property Address: Lands within the Trafalgar Secondary Plan area
Municipality/UT: Milton/Halton
Municipal File No.: OPA No. 54
OLT Case No.: OLT-22-004717
OLT Lead Case No.: OLT-22-004717
OLT Case Name: Frontenac Forest Estates Inc. v. Halton (Region)
Heard: February 26, 2024, by Video Hearing
APPEARANCES:
Parties
Counsel
Town of Milton
Eileen Costello David Neligan (in absentia)
Regional Municipality of Halton
Lee English Brittany Maione Isaac Tang (in absentia)
Frontenac Forest Estates Inc.
Patrick Harrington
Milton P4 Trafalgar Landowners Group Inc.
Denise Baker
2076828 Ontario Limited and White Squadron Development Corporation
Shelly Kaufman Scott Snider (in absentia) Anna Toumanians (in absentia)
Hannover Trafalgar Farms Limited, Milton Sheva Land Limited, York Trafalgar Golf Corporation and Comarin Corporation (Collectively, "York Trafalgar")
Katarzyna Sliwa Jessica Jakubowski (in absentia) Michael James (in absentia)
Remington Trafalgar Inc.
Denise Baker appearing for David Bronskill (in absentia)
Varga Family Farm Partnership
Russell Cheeseman Stephanie Fleming
Manaman Developments (8th Line) Inc.
Russell Cheeseman Stephanie Fleming
MEMORANDUM OF ORAL DECISION DELIVERED BY S. BOBKA ON FEBRUARY 26, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the third Case Management Conference ("CMC") held regarding appeals filed pursuant to s. 17(36) of the Planning Act pertaining to Official Plan Amendment ("OPA") No. 54 of the Town of Milton's ("Town") Official Plan which seeks to introduce the Trafalgar Secondary Plan ("Trafalgar SP").
BACKGROUND
2The Trafalgar SP was adopted by the Town on March 25, 2019, and subsequently approved by the Regional Municipality of Halton ("Region"), with modifications, on September 23, 2022.
3There were seven appeals of the Trafalgar SP filed by: (1) Frontenac Forest Estates Inc.; (2) Milton P4 Trafalgar Landowners Group Inc.; (3) 2076828 Ontario Limited and White Squadron Development Corporation; (4) Hannover Trafalgar Farms Limited, Milton Sheva Land Limited, York Trafalgar Golf Corporation, and Comarin Corporation (collectively, "York Trafalgar"); (5) Remington Trafalgar Inc.; (6) Varga Family Farm Partnership ("Varga"); and (7) Manaman Developments (8th Line) Inc. ("Manaman").
4Appellants (1) through (5) above are collectively referred to as the "Landowners Group". Appellants (6) and (7) are not part of the Landowners Group.
5In early 2024, a written Hearing was conducted (by a differently constituted Panel of the Tribunal) to consider motion materials in support of a partial settlement of the appeals. In its February 8, 2024 Decision, the Tribunal allowed the appeals, in part, and approved, as modified, those policies contained in Schedule 1 to that Order (Frontenac Forest Estates Inc. v Halton (Region), 2023 CanLII 116983 (ON LT)).
6A ten-week Hearing of the Merits is scheduled to begin on Monday, May 6, 2024, at 10 a.m. by Video Hearing.
7The Tribunal was advised in advance of this CMC, that the Town and the Landowners Group have entered into a settlement to resolve all of the remaining outstanding policies. The Tribunal was also advised that this settlement proposal resolves all of the issues on the current Issues List ("IL") for the Landowners Group.
UPDATE
8At the CMC, Ms. Baker advised that, through recent discussions with Varga and Manaman, it was determined that the proposed settlement addresses all of their issues as well. She explained that from the perspective of all seven Appellants, this settlement proposal resolves all issues on the IL.
9Ms. Baker stated that the settlement was not being presented at this CMC as the Appellants and the Town had not yet come to an agreement with the Region; however, discussions with the Region were ongoing to identify and discuss any concerns. It was the hope of the Appellants that an agreement would be reached, and that a contested Hearing would no longer be required. Ms. Baker suggested that, if necessary, a revised Procedural Order ("PO") including a scoped IL would be submitted within 14 days of this CMC, which would allow for a number of the scheduled Hearing weeks to be released.
10Mr. English confirmed that the Region had received and was in the process of reviewing the proposed settlement. He concurred with the timeline for the provision of the revised PO.
11There was some discussion regarding the IL, with all Parties eventually agreeing to continue discussions and to submit the revised PO, including the scoped IL, if necessary, within 14 days.
12Ms. Costello highlighted that if the matter proceeded to a contested Hearing, another written Hearing to deal with any resolved policies might be requested.
NEXT STEPS
13Upon review and consideration, the Tribunal agreed with the proposed path forward and directed that the final PO with a scoped IL be submitted to the Case Coordinator on or before Monday, March 11, 2024. Ms. Baker agreed to take the lead on the PO.
14The Tribunal also directed that the Parties provide a written update to the Tribunal by that same date as to whether a contested hearing would be required, whether a written Hearing was being sought, an estimate of the number of Hearing days still required (if any), any proposed Hearing dates agreed upon by the Parties and any other necessary updates.
15So Orders the Tribunal.
"S. Bobka"
S. BOBKA
MEMBER
Ontario Land Tribunal
Website: 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.
SCHEDULE 1
Appellants
1
Frontenac Forest Estates Inc.
2
Milton P4 Trafalgar Landowners Group Inc.
3
2076828 Ontario Limited and White Squadron Development Corporation
4
Hannover Trafalgar Farms Limited, Milton Sheva Land Limited, York Trafalgar Golf Corporation, and Comarin Corporation (collectively, "York Trafalgar")
5
Remington Trafalgar Inc
6
Varga Family Farm Partnership ("Varga")
7
Manaman Developments (8th Line) Inc. ("Manaman").