ISSUE DATE: May 6th, 2024 CASE NO.: 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)
BEFORE:
) Monday, the 6th
TOMILIN )
MEMBER ) day of May 2024
THE TRIBUNAL ORDERS that the Procedural Order set out as Attachment “A” to this Order shall be in full force and effect for the purposes of governing the required procedure leading up to and including the hearing scheduled to commence on February 3rd 2025.
“Euken Lui”
ACTING REGISTRAR
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.
ATTACHMENT “A” PROCEDURAL ORDER
- The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties’ request or its own motion.
Organization of the Hearing
The hearing will commence on February 3, 2025 at 10:00 a.m. and will end on February 14, 2025 by video hearing.
The parties’ initial estimation for the length of the hearing is 10 days. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.
Parties 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.
GoTo Meeting: https://meet.goto.com/278736685 Access code: 278-736-685
Parties 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 at: https://app.gotomeeting.com/home.html
Persons 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: +1 (647) 497-9373 or (Toll-Free) 1 888 455 1389. Access code is 278-736-685
Individuals 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.
The parties and participants identified at the case management conference are set out in
Attachment 1.
The issues are set out in the Issues List attached as Attachment 2. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it. Notwithstanding the foregoing, the Issues List may be amended on the consent of the parties to remove Issues that are resolved or no longer relevant.
The order of evidence shall be as set out in Attachment 3 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The
length of written argument, if any, may be limited either on the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.
- The purpose of this Procedural Order and the meaning of the terms used in it are set out in
Attachment 4.
- Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.
Requirements Before the Hearing
A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of the witnesses and the order in which they will be called. This list must be delivered on or before October 4, 2024 (at least 122 days prior to the start of the hearing) and in accordance with paragraph 26 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.
Expert witnesses in the same field shall have a meeting on or before November 20, 2024 (at least 75 days prior to the start of the hearing) and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before December 5, 2024 (at least 60 days prior to the start of the hearing).
An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 17 below. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.
Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s evidence as in paragraph 17 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 17 below.
On or before December 20, 2024 (at least 45 days prior to the start of the hearing), the parties shall provide copies of their [witness and] expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 26 below.
On or before December 20, 2024 (at least 45 days prior to the start of the hearing), a participant shall provide copies of their written participant statement to the other parties in
accordance with paragraph 26 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.
On or before December 30, 2024 (at least 35 days prior to the start of the hearing) the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
On or before January 24, 2025 (date – at least 10 days prior to the start of the hearing), the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 26 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.
Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence within twenty four (24) days after the evidence is received and in accordance with paragraph 26 below.
The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before January 24, 2025 (at least 10 days prior to the start of the hearing).
A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.
A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.
The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before January 24, 2025 (at least 10 days prior to the start of the hearing) with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.
All filings shall be submitted electronically and in hard copy. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7.
No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.
A summary of the various procedural dates is contained in Attachment 5.
This Member is [not] seized. So orders the Tribunal.
BEFORE:
Name of Member: Date:
TRIBUNAL REGISTRAR
ATTACHMENT 1
LIST OF PARTIES / PARTICIPANTS
Parties
Sifton Properties Limited
Aird & Berlis LLP
Brookfield Place, 181 Bay Street, Suite 1800 Toronto ON M5J 2T9
Per: Hon. Peter Van Loan
Tel: 416.865.3418
Email: Pvanloan@airdberlis.com
and Per: Matthew Helfand
Tel: 416.865.4624
Email: mhelfand@airdberlis.com
Legal Counsel for Sifton Properties Limited Strathroy-Caradoc
Middlesex County Barrister & Solicitor’s Office
Middlesex County Building 399 Ridout Street North London, ON N6A 2P1
Per: Wayne Meagher
Tel: 519-434-7321 ext. 2283
Email: wmeagher@middlesex.ca
Legal Counsel for the Municipality of Strathroy-Caradoc
Middlesex County
Middlesex County Barrister & Solicitor’s Office
Middlesex County Building 399 Ridout Street North London, ON N6A 2P1
Per: Wayne Meagher
Tel: 519-434-7321 ext. 2283
Email: wmeagher@middlesex.ca
Legal Counsel for the Corporation of the County of Middlesex
ATTACHMENT 2 ISSUES LIST
NOTE: The identification of an issue on the Issues List does not constitute an acknowledgement by the Tribunal or any Party that the issue is relevant or appropriate, or that the Tribunal has jurisdiction over it. The identification of an issue by a Party indicates that Party’s intent to tender evidence and/or make submissions on it, for the purpose of fairly identifying to the other Parties the case they need to meet. No Party shall make submissions or tender evidence on an issue not identified on the Issues List without leave of the Tribunal.
ISSUES OF THE APPELLANT, SIFTON PROPERTIES LTD.
Land Needs and Boundary Expansion
- Does OPA 14 plan for an appropriate supply of residential land:
a. Did OPA 14 identify sufficient and appropriate areas for settlement area expansion in accordance with 1.1.3.8 of the Provincial Policy Statement?
b. Has the appropriate population and employment forecast for Strathroy-Caradoc been determined based on up-to-date population projections?
c. Does OPA 14 provide for sufficient land designated for residential development to meet the market-based need by housing type within the settlement area boundary?
- Did OPA 14 identify all the appropriate areas for expansion pursuant to policy 1.1.3.8 of the Provincial Policy Statement? And,
a. If further settlement area boundary expansion is warranted, what is the appropriate location of such expansion?
b. What is the most appropriate location for settlement area expansion to ensure that infrastructure and public service facilities are planned or available and financially efficient and viable?
- Was Council’s adoption of OPA 14 incomplete to the extent it relies on an incomplete boundary addition that did not fulfil the adopted growth forecasts?
OPA 14 Policies
- Are the following sections, policies, schedules of OPA 14 (i) consistent with the PPS 2020,
(ii) do they conform with the County Official Plan, and (iii) do they represent good land use planning:
a. Section 1.4 (Design Population);
b. Section 1.5 (Growth Management Strategy), including all subsections;
c. Section 2.1.1 (g) and (h) (Active Transportation);
d. Section 2.2.2.2 (Stormwater Management Plans);
e. Section 2.2.2.4 (Approvals Required);
f. Section 2.2.3.2 (b) (Municipal Wastewater System);
g. Section 2.3.8 (Employment and Economic Development), including subsections 2.3.8.1
h. (Goals and Objectives) and 2.3.8.5 (Encroachment of Sensitive Land Uses);
i. Section 2.3.9.6 (Medium-Rise Development);
j. Section 2.4.4 (Provision of Parkland), including subsections 2.4.4.1 (c) and (e) and 2.4.4.2;
k. Section 3.3.5.1(b) (Land Use Policies for Strathroy and Mount Brydges);
l. Section 5.2 (Natural Heritage System), including all subsections.
m. Sections 5.5.1.1 and 5.5.1.2 (Hazardous Lands);
n. Section 7.2.1.1 (Conversion of Employment Areas);
o. Section 7.3.4.5 (Use of the Holding Symbol);
p. Section 7.4.2 (Complete Applications – Reports and Studies);
q. All Schedules modified by OPA 14.
ISSUES OF THE RESPONDENT, MUNICIPALITY OF STRATHROY-CARADOC
Growth Management Strategy and Settlement Area Boundaries
Does OPA-14 deal with growth management strategy and settlement area boundaries or will such be dealt with in a separate growth management analysis and municipal comprehensive review to be dealt with in a future forthcoming Official Plan Amendment?
Was the Residential Land Needs Assessment authorized by Municipal Council to be updated on August 2, 2022 separate from the OPA-14 official plan and master plans review and conformity updates and part of the third part of the Municipality’s OPA update process (the boundary expansion project)? If so, are Appellant issues #1-3 premature?
Is the possibility for the Ontario Land Tribunal to direct a settlement boundary expansion in Strathroy-Caradoc appropriately before the Tribunal as part of an appeal of OPA-14 (OLT-24-000069) outside of a public process?
Policies
- With respect to the sections, policies, and schedules of OPA-14 identified in Issue #4 of the Appellant, are the areas of Appellant concern within those sections, policies and schedules, to be identified and/or narrowed in the meeting of expert witnesses on or before November 20, 2024: (i) consistent with the PPS 2020, (ii) in conformity with the County Official Plan, and (iii) do they represent good land use planning?
ISSUES OF THE RESPONDENT, COUNTY OF MIDDLESEX
Policies
- Does the decision of the County of Middlesex to approve OPA-14 with modifications have regard to the matters of provincial interest listed in section 2 of the Planning Act, including the following subsections:
(a) the protection of ecological systems, including natural areas, features and functions;
(b) the protection of the agricultural resources of the Province;
(f) the adequate provision and efficient use of communication, transportation, sewage and water services and waste management systems;
(h) the orderly development of safe and healthy communities;
(j) the adequate provision of a full range of housing, including affordable housing;
(k) the adequate provision of employment opportunities;
(l) the protection of the financial and economic well-being of the Province and its municipalities;
(n) the resolution of planning conflicts involving public and private interests;
(p) the appropriate location of growth and development;
- Does the decision of the County of Middlesex to approve OPA-14 with modifications consistent with the Provincial Policy Statement 2020, including the following policies:
10.1 Managing and Directing Land Use to Achieve Efficient and Resilient Development and Land Use Patterns
10.2 Coordination
10.3 Employment
10.4 Housing
1.6 Infrastructure and Public Service Facilities
2.1 Natural Heritage
2.3 Agriculture
- Is the decision of the County of Middlesex to approve OPA-14 with modifications in conformity with the County of Middlesex Official Plan, including the following policies:
2.2.2 Agriculture
2.3.1 Growth Management - Introduction
2.3.2 Growth Management Hierarchy
2.3.3 Forecasting Growth
2.3.5 General Policies
2.3.6 Settlement Capability Study
2.3.7 Housing Policies
2.3.8 Settlement Areas
2.4.5 Sanitary Sewers and Water
3.2.1 Settlement Areas - Introduction
3.2.3 Local Official Plans
3.3.1 Agricultural Areas - Introduction
3.3.4 Hamlets in Agricultural Areas
4.3 Local Official Plans
- Is the decision of the County of Middlesex to approve OPA-14 with modifications in the public interest, having regard to sound land use planning principles?
ISSUES OF ALL PARTIES
Bill 185
- Does the proposed Cutting Red Tape to Build More Homes Act, 2024 (Bill 185), if passed by the Ontario Legislature, affect Sifton’s appeal of OPA 14, and if yes, what is the
impact?
2024 Draft Provincial Planning Statement
- Does the draft 2024 Provincial Planning Statement (PPS 2024), if enacted, impact Sifton’s appeal of OPA 14, and if yes:
a. What weight should the Tribunal give to any adopted PPS 2024;
b. Are the policies/matters identified in this Issues List consistent with any adopted PPS 2024.
ATTACHMENT 3 ORDER OF EVIDENCE
Strathroy-Caradoc – Non-opinion Background
Sifton Properties Limited (direct & cross)
Strathroy-Caradoc (direct & cross)
Middlesex County (direct & cross)
Reply of Sifton Properties Limited (if any)
Reply of Strathroy-Caradoc (if any)
Reply of Middlesex County (if any)
ATTACHMENT 4
Meaning of terms used in the Procedural Order:
A party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other parties, and making submissions on all of the evidence. An unincorporated group cannot be a party and it must appoint one person to speak for it, and that person must accept the other responsibilities of a party as set out in the Order. Parties do not have to be represented by a lawyer and may have an agent speak for them. The agent must have written authorisation from the party.
NOTE that a person who wishes to become a party before or at the hearing, and who did not request this at the case management conference (CMC), must ask the Tribunal to permit this.
A participant is an individual or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a party may do so). Section 17 of the Ontario Land Tribunal Act states that a person who is not a party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A participant may also be asked questions by the parties should the Tribunal direct a participant to attend a hearing to answer questions on the content of their written submission.
A participant must be identified and be accorded participant status by the Tribunal at the CMC. A participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A participant cannot ask for costs, or review of a decision, as a participant does not have the rights of a party to make such requests of the Tribunal.
Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party or participant intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.
Visual evidence includes photographs, maps, videos, models, and overlays which a party or participant intends to present as evidence at the hearing.
A witness statement is a short written outline of the person’s background, experience and interest in the matter; a list of the issues which he or she will discuss; and a list of reports or materials that the witness will rely on at the hearing.
An expert witness statement should include his or her (1) name and address, (2) qualifications,
(3) a list of the issues he or she will address, (4) the witness’ opinions on those issues and the complete reasons supporting their opinions and conclusions and (5) a list of reports or materials that the witness will rely on at the hearing. An expert witness statement must be accompanied by an acknowledgement of expert’s duty.
A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a statement of the participant’s position on the appeal; a list of the issues which the participant wishes to address and the submissions of the participant on
those issues; and a list of reports or materials, if any, which the participant wishes to refer to in their statement.
Additional Information
A summons may compel the appearance of a person before the Tribunal who has not agreed to appear as a witness. A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons through a request. (See Rule 13 on the summons procedure.) The request should indicate how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the information provided in the request that the evidence is relevant, necessary or admissible, the party requesting the summons may provide a further request with more detail or bring a motion in accordance with the Rules.
The order of examination of witnesses is usually direct examination, cross-examination and re- examination in the following way:
direct examination by the party presenting the witness;
direct examination by any party of similar interest, in the manner determined by the Tribunal;
cross-examination by parties of opposite interest;
re-examination by the party presenting the witness; or
another order of examination mutually agreed among the parties or directed by the Tribunal.
ATTACHMENT 5 SUMMARY OF DATES
DATE
EVENT
October 4, 2024
(90 days prior to hearing)
Exchange of witness lists (names, disciplines and order to be called)
November 20, 2024
(75 days prior to hearing)
Experts meeting prior to this date
December 5, 2024
(60 days prior to hearing)
Agreed Statement of Facts, if meeting occurs and matters agreed to
December 20, 2024
(45 days prior to hearing)
Exchange of Witness Statements, summoned witness outlines, Expert Reports and Participant Statements
December 30, 2024
(35 days prior to hearing)
Parties shall confirm with the Tribunal if all the reserved hearing dates are still required
January 13, 2025
(24 days after the evidence is received)
Exchange of written response to written evidence (if any)
January 24, 2025
(20 days prior to hearing)
Exchange of visual evidence (if any)
January 24, 2025
(10 days prior to hearing)
Final Hearing Plan filed with the Tribunal
January 24, 2025
(10 days prior to hearing)
Finalize Joint Document Book
February 3 to 14, 2025
Hearing commences (10 days)
56813702.4