Ontario Land Tribunal / Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 03, 2024
CASE NO(S).: OLT-23-000303 OLT-23-001127 OLT-23-001129
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Caledon Community Partners Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To establish a new Secondary Plan for the Macville Community Area Reference Number: POPA 2021-0002 Property Address: Macville Community Secondary Plan Area Municipality/UT: Caledon/Peel OLT Case No: OLT-23-000303 OLT Lead Case No: OLT-23-000303 OLT Case Name: Caledon Community Partners v. Caledon (Town)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Argo Macville I Corporation, Argo Macville II Corporation, Argo Macville III Corporation, Argo Macville V Corporation, and Argo Humberking Corporation (collectively, the “Macville Owners”) Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit a subdivision that includes single detached and townhouse dwellings, medium density residential, mixed uses, parks, elementary schools, and a stormwater management pond Reference Number: RZ 2022-0002 Property Address: 14275 The Gore Road, 0 Humber Station Road, 14396 Humber Station Road and 0 King Street Municipality/UT: Caledon/Peel OLT Case No: OLT-23-001127 OLT Lead Case No: OLT-23-001127 OLT Case Name: Macville Owners v. Caledon (Town)
PROCEEDING COMMENCED UNDER section 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Argo Macville I Corporation, Argo Macville II Corporation, Argo Macville III Corporation, Argo Macville V Corporation, and Argo Humberking Corporation (collectively, the “Macville Owners”) Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision Description: To permit a subdivision that includes single detached and townhouse dwellings, medium density residential, mixed uses, parks, elementary schools, and a stormwater management pond Reference Number: 21T-22001C Property Address: 14275 The Gore Road, 0 Humber Station Road, 14396 Humber Station Road and 0 King Street Municipality/UT: Caledon/Peel OLT Case No: OLT-23-001128 OLT Lead Case No: OLT-23-001127
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Argo Humber Station Limited Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit a subdivision that includes medium density residential, mixed uses, and a Transit Hub Reference Number: RZ 2022-0003 Property Address: 0 and 14259 Humber Station Road Municipality/UT: Caledon/Peel OLT Case No: OLT-23-001129 OLT Lead Case No: OLT-23-001129 OLT Case Name: Argo Humber Station Limited v. Caledon (Town)
PROCEEDING COMMENCED UNDER section 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Argo Humber Station Limited Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision Description: To permit a subdivision that includes medium density residential, mixed uses, and a Transit Hub Reference Number: 21T-22002C Property Address: 0 and 14259 Humber Station Road Municipality/UT: Caledon/Peel OLT Case No: OLT-23-001130 OLT Lead Case No: OLT-23-001129
Heard: February 13, 2024 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Caledon Community Partners ("CCP") | Patrick Harrington Alexander Suriano (in absentia) |
| Argo Macville I Corporation, Argo Macville II Corporation, Argo Macville III Corporation, Argo Macville V Corporation, and Argo Humberking Corporation (collectively the "Macville Owners") | Patrick Harrington Alexander Suriano (in absentia) |
| Argo Humber Station Limited ("Argo Humber Owners") | Patrick Harrington Alexander Suriano (in absentia) |
| Town of Caledon ("Town") | Evan Barz Chris Barnett (in absentia) |
| Regional Municipality of Peel ("Region") | Rachel Godley Sean Ovas (Articling Student) |
| Peel District School Board ("PDSB") | Julie Lesage Andrew Baker (in absentia) |
| Toronto and Region Conservation Authority ("TRCA") | Barbara Montgomery |
| Acorn Bolton Inc. ("Acorn") | Ian Andres |
| Gold Humber Station ("Gold Humber") | Max Reedijk |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. BOBKA ON FEBRUARY 13, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the second Case Management Conference ("CMC") regarding the Caledon Community Partners ("CCP") proposed Official Plan Amendment ("OPA") to establish a new Secondary Plan, for which no decision was rendered by Caledon Town Council. At the first CMC, it was confirmed that proper notice had been provided and five Parties were added as well as one Participant.
2This was also the first CMC regarding site specific appeals for separate Zoning By-law Amendment ("ZBA") Applications and Draft Plan of Subdivision ("DPOS") Applications filed as follows, for which no decision was rendered by the Town Council:
| Applications for | Applicant/Appellant | Addresses |
|---|---|---|
| ZBA and DPOS | Macville Owners | 14275 The Gore Road, 0 Humber Station Road, 14396 Humber Station Road and 0 King Street |
| ZBA and DPOS | Argo Humber Owners | 0 and 14259 Humber Station Road |
3The Tribunal received an Affidavit of Service, sworn by Natalie Hickey, confirming that notice of this first CMC for the ZBA & DPOS matters was provided, and marked it as Exhibit 2. Upon review and consideration, and with no issues raised by the Parties, the Tribunal finds that notice was appropriately given and that no further notice is required for these matters.
REQUEST TO BE HEARD TOGETHER
4The Parties jointly requested that the OPA matter be heard together with the ZBA and DPOS matters. Mr. Harrington clarified that the Parties want the ability to bring forward the instruments together in the case of a contested Hearing, but also to have the opportunity to bring any potential settlements forward separately. It was the hope that the OPA matter could potentially be settled first, followed by the ZBA and DPOS matters.
5Upon review and consideration, the Tribunal agreed with this path forward and determined that the matters would be heard together per Rule 16.3 of the Tribunal’s Rules of Practice and Procedure.
STATUS REQUESTS
6In advance of the CMC, the Tribunal received a Party status request from the PDSB and a Participant status request from the Bolton North Hill Landowners regarding the ZBA and DPOS matters. At the CMC, the four other parties to the OPA matter (being the Region, the TRCA, Acorn Bolton and Gold Humber) each requested to be added as Parties to the ZBA and DPOS matters as well.
7There were no objections raised by either the Macville Owners, the Argo Humber Owners or the Town and, upon review and consideration, the Tribunal granted all requests.
8It is also noted that Counsel for the Bolton North Hill Landowners ("Participant") requested that the Parties provide a copy of all materials. Mr. Harrington committed to do so and to add the Participant to the circulation list.
TRIBUNAL-LED MEDIATION
9The Tribunal highlighted the opportunity for Tribunal-led mediation and advised the Parties to contact the Case Coordinator to begin the intake process should they wish to pursue this option.
NEXT STEPS/DRAFT PROCEDURAL ORDER
10In advance of this CMC, Counsel for the CCP, the Macville Owners and the Argo Humber Owners circulated a draft Procedural Order ("PO") including Issues List ("IL") to all Parties and submitted it to the Tribunal for consideration. It is noted that this draft PO was drafted to reflect a single-phase Hearing, with all appeals proceeding simultaneously. It was the joint suggestion of the Parties that a four-week Hearing be scheduled subject to the availability on the Tribunal calendar. It was also suggested that two subsequent CMCs be scheduled at this time.
11Mr. Harrington agreed to coordinate and to provide the Tribunal with a final PO at least fourteen days in advance of the next CMC.
SCHEDULING OF FUTURE HEARINGS
12Upon review and consideration, the Tribunal scheduled the following events:
CMC Monday, April 15, 2024 at 10 a.m. by Video Hearing
CMC Monday, September 16, 2024 at 10 a.m. by Video Hearing
19-day Hearing of the Merits ("Merit Hearing") Monday, January 20 – Friday, February 14, 2025 at 10 a.m. by Video Hearing; not sitting on Monday, January 27, 2025
13The Hearings are scheduled to proceed by video as follows:
CMC: Monday, April 15, 2024 at 10 a.m. by Video Hearing GoTo Meeting: https://global.gotomeeting.com/join/979388733 Access code: 979-388-733 Audio-only telephone line: +1 (647) 497-9373 or Toll-Free 1-888-299-1889 Audio-only access code: 979-388-733
CMC: Monday, Sept 16, 2024 at 10 a.m. by Video Hearing GoTo Meeting: https://global.gotomeeting.com/join/979388733 Access code: 979-388-733 Audio-only telephone line: +1 (647) 497-9373 or Toll-Free 1-888-299-1889 Audio-only access code: 979-388-733
Merit Hearing: Monday, January 20, 2025 at 10 a.m. to Friday, February 14, 2025 (19 Days – Tribunal not sitting Jan. 27, 2025) by Video Hearing GoTo Meeting: https://meet.goto.com/558205565 Access code: 558-205-565 Audio-only telephone line: : +1 (647) 497-9373 or Toll-Free 1-888-299-1889 Audio-only access code: 558-205-565
14Parties and Participants 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.
15Parties 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
16Persons 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.
5Individuals 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.
17The Parties are directed to provide the final PO including IL on or before Monday, April 1, 2024.
ORDER
18The Tribunal Orders that:
a) the matters OLT-23-000303, OLT-23-001127 and OLT-23-001129 will be heard together;
b) Participant status is granted to the Bolton North Hill Landowners in the OLT-23-001127 and OLT-23-001129 matters;
c) Party status is granted to the following in the OLT-23-001127 and OLT-23-001129 matters:
i. Regional Municipality of Peel;
ii. Peel District School Board;
iii. Toronto and Region Conservation Authority;
iv. Acorn Bolton Inc.; and
v. Gold Humber Station.
"S. Bobka"
S. BOBKA
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.