Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 04, 2024
CASE NO(S).: OLT-23-001208
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 2824143 Ontario Inc.
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit a total of 249 dwelling units
Reference Number: 12T-21-001
Property Address: Part of Block F, Registered Plan No. 162, Part of the Road Allowance Between Concession A and 2, South of the Road and Part of Lot 40, Concession 2 South of the Road, Geographic Township of Tyendinaga, Town of Deseronto, County of Hastings
Municipality/UT: Town of Deseronto / County of Hastings
OLT Case No.: OLT-23-001208
OLT Lead Case No.: OLT-23-001208
OLT Case Name: 2824143 Ontario Inc. v. Deseronto (Town)
Heard: March 25, 2024 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| 2824143 Ontario Inc. | Spencer Putnam Tony Fleming (in absentia) |
| County of Hastings | Jennifer Savini |
| Mohawks of the Bay of Quinte | Jordan Sewell |
MEMORANDUM OF ORAL DECISION DELIVERED BY C. I. MOLINARI AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal convened a Case Management Conference (“CMC”) in respect of an appeal (“Appeal”) filed pursuant to s. 51(34) of the Planning Act, as amended (“Act”), by 2824143 Ontario Inc. (“Appellant”) against the County of Hastings (“County”) for its failure to make a decision on a Draft Plan of Subdivision application (“Application”) within the timeframe prescribed by the Act.
2The lands subject to the Application are legally described as Part of Block F, Registered Plan No. 162, Part of the Road Allowance Between Concession A and 2, South of the Road and Part of Lot 40, Concession 2 South of the Road, Geographic Township of Tyendinaga, Town of Deseronto, County of Hastings (“Property”). The Appellant proposes to redevelop the Property with a subdivision consisting of 30 single-detached lots, 155 townhouse lots, 64 apartment units, a stormwater management pond, and a pump station.
NOTICE
3An Affidavit of Service, sworn on Thursday, February 8, 2024, and attesting to the giving of notice for this proceeding, was marked as Exhibit 1.
PARTIES / PARTICIPANTS
4In advance of the CMC, the Tribunal received a request for Party status from the Mohawks of the Bay of Quinte (“MBQ”) related to an ongoing land claim (“Land Claim”) with the Government of Canada (“Crown”) regarding a large tract of land that encompasses the Property and surrounding land (“Culbertson Tract”).
5With the consent of the Parties, Party status was granted to MBQ.
6No requests for Participant status were received.
MEDIATION
7Despite the ongoing Land Claim, the Tribunal advised the Parties of the availability of Tribunal-assisted mediation. In the event that they wish to avail themselves of this resource, the Parties may make a request for mediation through the Case Coordinator.
PROCEDURAL ORDER AND ISSUES LIST
8In advance of the CMC, the Tribunal was in receipt of a draft Procedural Order (“PO”) with the inclusion of a Draft Issues List (“IL”) which included an issue related to the Land Claim. On the basis that the Tribunal would provide a hearing date for a Merit Hearing, Ms. Savini advised that the required dates will be inserted in the draft PO, and the County’s IL will be finalized by the end of April 2024. Mr. Sewell advised that he would revise the broad wording of the issue related to the Land Claim and circulate the revised wording to all Parties. The finalized Draft PO would then be filed with the Tribunal on the consent of the Parties by the end of April 2024 for approval and issuance by a separate Order.
LAND CLAIM
9Mr. Sewell explained the history of the Land Claim with the Crown and advised that he would be requesting an indefinite adjournment, pending the resolution of the Land Claim, or a dismissal of the Appeal. He also proffered that the Tribunal has no jurisdiction for lands within the Culbertson Tract and that the jurisdiction remains with the Crown in the resolution of the Land Claim.
NEXT STEPS
10Mr. Putnam advised that he would bring forward a Motion to address the jurisdictional issue with a potential resolution being the hiving off of the MBQ Land Claim issue from the remainder of the IL in order to allow for the Appeal to move forward. He requested a three-day Merit Hearing in late 2024, allowing time for the Motion to be heard sometime in the intervening months, noting that there is no procedural reason not to schedule a Merit Hearing at this time. Ms. Savini agreed that it would be appropriate to set a Merit Hearing date at this time.
11Mr. Sewell requested that no Merit Hearing date be set until the Land Claim issue has been resolved. He advised that he had forwarded notice of the CMC to the Crown and the Province of Ontario (“Province”) two days prior to the CMC, being on the weekend. There is, therefore, potential for the Crown and/or the Province to seek status to the Appeal.
12The Tribunal determined that it was premature to set a Hearing date until a Decision has been rendered through the Hearing of the Motion concerning the Land Claim and the jurisdictional issue. As such, no Hearing date was set.
13Since the CMC, the Tribunal received a request for a Motion Hearing date from Mr. Putnam.
ORDER
14The Tribunal confers Party status to the Mohawks of the Bay of Quinte.
15No further notice is required.
16The Member is not seized of this matter.
“C. I. Molinari”
C. I. MOLINARI 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.