Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
April 22, 2024
CASE NO(S).:
OLT-24-000069
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
Sifton Properties Limited
Subject:
Proposed Official Plan Amendment
Description:
Appealing OPA 14
Reference Number:
39-SC-OPA14
Property Address:
Municipality Wide (Municipality Wide)
Municipality/UT:
Strathroy-Caradoc/Middlesex
OLT Case No.:
OLT-24-000069
OLT Lead Case No.:
OLT-24-000069
OLT Case Name:
Sifton Properties Limited v. Strathroy-Caradoc (Municipality)
Heard:
April 17, 2024, by Video Hearing
APPEARANCES:
Parties
Counsel
Sifton Properties Limited
P. Van Loan
M. Helfand
Municipality of Strathroy-Caradoc
W. P. Meagher
MEMORANDUM OF ORAL DECISION DELIVERED BY P. TOMILIN ON APRIL 17, 2024 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”) in the matter of an appeal by Sifton Properties Limited (“Appellant”), arising from the passing of an Official Plan Amendment No. 14, pursuant to s. 17(36) of the Planning Act by the Municipality of Strathroy-Caradoc (“Municipality”).
2The Tribunal received the Affidavit of Service and marked it as Exhibit 1.
3Prior to the CMC, the Tribunal did not receive any status requests.
MEDIATION
4The Tribunal canvassed the Parties as to whether they had engaged in discussions to resolve any of the issues in the Appeal, and whether they would be interested in Tribunal-led mediation. The Parties advised that they would try to resolve the issues on their own; however if at some point the Parties require a mediation, they will reach out to the assigned Case Coordinator.
HEARING, PROCEDURAL ORDER AND ISSUES LIST
5Mr. Meagher submitted that since the Municipality does not have a draft Procedural Order and Issues List, and the uncertainty existing with Bill 185 “Cutting Red Tape to Build More Homes Act, 2024” (“Bill 185”), the Municipality was seeking an adjournment of the Wednesday, April 17, 2024 CMC and asking for a second CMC to be scheduled sometime in the August – September timeline.
6Mr. Van Loan asked to set aside 10 days for the Hearing of the Merits sometime at the end of 2024 or the beginning of 2025, subject to the Tribunal’s calendar availability. He submitted that if the dates are not set by Wednesday, April 17, 2024, it might preclude the Appellant from the Appeal if Bill 185 receives Royal ascent prior to the second CMC.
7The Tribunal is of the opinion that it is appropriate to set hearing dates at this time. If at any point in the near future, the proclamation of Bill 185 affects the Hearing of the Merits, the scheduled dates could be released from the Tribunal’s calendar.
8A ten-day Merit Hearing is scheduled to commence by Video Hearing from Monday, February 3, 2025 at 10 a.m. until February 14, 2025.
9Parties 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:
GoToMeeting: https://meet.goto.com/278736685
Access Code: 278-736-685
10Parties 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
11Persons 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) 455-1389 or (647) 497-9391. The access code is as indicated above.
12Individuals 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 CMC by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing events may be directed to the Tribunal’s Case Coordinator having carriage of this Case.
13Parties are to submit a draft Procedural Order and Issues List to the Tribunal on or before Wednesday, April 24, 2024.
ORDER
14The Tribunal Orders the above directives.
15This Member is not seized.
16There will be no further notice.
“P. Tomilin”
p. tomilin
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.