Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 20, 2024
CASE NO(S).: OLT-23-001073
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: 1571145 Ontario Limited Appellant: 2817053 Ontario Limited Appellant: Auburn Developments Inc. Appellant: Paisley Hill Ltd. and others
Subject: Proposed Official Plan Amendment Description: Update to the Middlesex Centre Official Plan Reference Number: OPA 59 Property Address: Municipality-wide Municipality/UT: Middlesex Centre/Middlesex OLT Case No: OLT-23-001073 OLT Lead Case No: OLT-23-001073 OLT Case Name: Auburn Developments Inc. v. Middlesex (County)
Heard: February 28, 2024, by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| 1571145 Ontario Limited | Analee Baroudi |
| 2817053 Ontario Limited | Analee Baroudi |
| Auburn Developments Inc. | Analee Baroudi |
| Tridon Properties Ltd. | Analee Baroudi |
| Paisley Hill Ltd. | Analee Baroudi |
| Sifton Properties Limited | Peter Van Loan Matthew Helfand |
| South Winds Development Co. Inc. | Kim Mullin |
| County of Middlesex | Wayne Meagher |
| Municipality of Middlesex Centre | Wayne Meagher Paula Lombardi |
| Farhi Holdings Corporation and Farhi Farming Corporation | Denise Baker (in absentia) Chantal deSereville |
| Cirrus Developments Limited and 1564326 Ontario Ltd. | Eric Davis |
| 1000730334 Ontario Inc. Limited and 832928 Ontario Limited | Amy Dale |
| Watermark Komoka 2021 Inc. | Patrick Duffy (in absentia) Jonathan Cheng |
MEMORANDUM OF ORAL DECISION DELIVERED BY F. Lavoie ON FEBRUARY 28, 2024, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision and Order arises from the first Case Management Conference (“CMC”) held regarding the appeals filed by 1571145 Ontario Limited, 2817053 Ontario Limited, Auburn Developments Inc., Tridon Properties Ltd., Paisley Hill Ltd., Sifton Properties Limited, and South Winds Development Co. Inc., pursuant to s.17(36) of the Planning Act, R.S.O. 1990, c. P.13, in relation to the adoption of Official Plan Amendment #59 by Council to the Municipality of Middlesex Centre.
PROCEDURAL MATTERS
2The Tribunal was in receipt of an Affidavit of Service sworn by Megan Kamermans dated January 18, 2024, which was marked as Exhibit 1. There were no issues with the service of notice for the CMC and as such, no further notice is required.
3The Tribunal was in receipt of written Party Status requests from the following persons: Farhi Holdings Corporation and Farhi Farming Corporation, Cirrus Developments Limited and 1564326 Ontario Ltd., 1000730334 Ontario Inc. Limited and 832928 Ontario Limited, and Watermark Komoka 2021 Inc. Each Party Status request indicate the aforementioned persons own lands in the Municipality of Middlesex Centre. Cirrus Developments Limited and 1564326 Ontario Inc made oral and written submissions to council before OPA 59 was adopted. In the case of the three other requests, the Tribunal finds there are reasonable grounds to add these persons, each having outlined genuine land use planning concerns with OPA 59 in their Party Status requests, as parties to these appeals. Pursuant to Rule 8.3 of the Ontario Land Tribunal Rules and Procedures, these non-appellant parties may not raise or introduce a new issue in the proceeding, and must shelter under an issue raised by an appellant party. The Tribunal grants Party Status to Farhi Holdings Corporation and Farhi Farming Corporation, Cirrus Developments Limited and 1564326 Ontario Ltd., 1000730334 Ontario Inc. Limited and 832928 Ontario Limited, and Watermark Komoka 2021 Inc.
4Before the CMC, the Tribunal received correspondence from Kevin MacDougall, representing Comgord Limited, seeking to join the appeal. Mr. MacDougall attended the CMC and clarified that Comgord Limited was seeking Party Status. Mr. MacDougall made submissions to council before OPA 59 was adopted. However, he did not file a written Party Status request at least 10 days in advance of the CMC as outlined in the notice for the hearing. The Tribunal directed Comgord Limited to file its Party Status request at least 10 days in advance of the second CMC, for consideration at that hearing event. Other than Comgord Limited’s Party Status request, if filed, no other Party Status request shall be considered at the second CMC.
5The Tribunal directs the Parties to prepare a draft Procedural Order and Issues List in advance of the second CMC.
SCHEDULING THE SECOND CMC
6The Tribunal scheduled the second CMC on Wednesday, May 8, 2024, at 10 a.m. by Video Hearing.
7Parties 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:
https://global.gotomeeting.com/join/519389173
Access code: 519-389-173
8Parties 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
9Persons 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 same as mentioned above.
10Individuals 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.
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.
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.
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.
ORDER
15THE TRIBUNAL ORDERS the following:
a. That the following persons are granted Party Status: i. Farhi Holdings Corporation and Farhi Farming Corporation; ii. Cirrus Developments Limited and 1564326 Ontario Ltd.; iii. 1000730334 Ontario Inc. Limited and 832928 Ontario Limited; and iv. Watermark Komoka 2021 Inc.
b. The Parties will file a draft finalized Procedural Order in advance of the second Case Management Conference;
c. The second Case Management Conference will commence by Video Hearing on Wednesday, May 8, 2024, at 10 a.m.; and
d. The directions in this decision.
16There will be no further notice.
“F. Lavoie”
F. LAVOIE 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.