Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 22, 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: April 15, 2024 by Video Hearing
APPEARANCES:
| Parties | Counsel/Agent* |
|---|---|
| Caledon Community Partners | Patrick Harrington |
| 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 |
| Argo Humber Station Limited | Patrick Harrington |
| Town of Caledon | Chris Barnett |
| Regional Municipality of Peel | Rachel Godley |
| Peel District School Board | Andrew Baker |
| Toronto and Region Conservation Authority | Michael Hynes* |
| Acorn Bolton Inc. | Ian Andres |
| Gold Humber Station | Max Reedijk |
MEMORANDUM OF ORAL DECISION DELIVERED BY K.R. ANDREWS ON APRIL 15, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the third Case Management Conference (“CMC”) regarding an Official Plan Amendment (“OPA”) appeal (OLT Case No. OLT-23-000303), and the second CMC concerning a pair of Zoning By-law Amendment (“ZBA”) and Draft Plan of Subdivision (“DPS”) appeals (OLT Case Nos. OLT-23-001127 and OLT-23-001129). The subject cases were ordered to be heard together at the previous CMC heard on Tuesday, February 13, 2024.
2Prior to the present CMC, the Tribunal was informed that the OPA appeal will likely settle imminently, while the ZBA and DPS appeals are expected to carry on to a hearing. Given this information, the present CMC was used to manage these developments.
3The parties jointly requested that the OPA matter be dealt with by way of a written settlement motion, with a returnable date to be determined. The parties were not prepared to set a returnable date because some details respecting the settlement are still being worked out, and so the timing of a complete settlement is not yet known. It is, however, expected to be a matter of a few weeks, if not sooner.
4Looking forward, and assuming that the OPA matter does indeed settle in the meantime, the parties further suggested that the already-scheduled next CMC, to be heard Monday, September 16, 2024, be used to case-manage the remaining ZBA and DPS appeals. They also suggested that a deadline of Tuesday, September 3, 2024, be set to file a draft Procedural Order respecting the remaining matters. Lastly, the parties also suggested that, at the next CMC, they will be prepared to request the release of at least some dates out of the four-week merit hearing currently scheduled to deal with all of the matters, to commence on Monday, January 20, 2025.
5The Tribunal finds all of the above acceptable, and orders the following:
Upon confirmation from the parties, OLT Case No. OLT-23-000303 shall be dealt with by way of a written settlement motion. The returnable date of the motion shall be determined administratively by the Tribunal, upon future confirmation by the parties;
Provided that OLT Case No. OLT-23-000303 has already settled:
a. the Case Management Conference currently scheduled to be heard Monday, September 16, 2024, shall be used to case-manage the remaining ZBA and DPS appeals (OLT Case Nos. OLT-23-001127 and OLT-23-001129);
b. the parties shall jointly file a draft Procedural Order concerning the remaining ZBA and DPS appeals, no later than Tuesday, September 3, 2024; and
c. at the same CMC, the Parties shall advise the Tribunal respecting how many hearing dates are required to hear the remaining ZBA and DPS appeals, at which time the release of excess dates shall be confirmed.
6The 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.