Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 07, 2024
CASE NO(S).: OLT-24-000076
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Middlesex Centre Rural Community Association
Applicant: HGLW Holdings Inc.
Subject: Official Plan Amendment 62
Description: To permit indoor and outdoor recreational uses including a medial clinic
Reference Number: 39-MC-OPA62
Property Address: 708 and 714 Gideon Drive
Municipality/UT: Middlesex Centre / Middlesex
OLT Case No.: OLT-24-000076
OLT Lead Case No.: OLT-24-000076
OLT Case Name: Middlesex Centre Rural Community Association v. Middlesex Centre (Township)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Jill McCartney
Subject: By-law No. 2023-059
Description: To permit indoor and outdoor recreational uses including a medial clinic
Reference Number: ZBA-07-2023
Property Address: 708 and 714 Gideon Drive
Municipality/UT: Middlesex Centre / Middlesex
OLT Case No.: OLT-23-000530
OLT Lead Case No.: OLT-24-000076
OLT Case Name: Jill McCartney v. Middlesex Centre (Township)
Heard: April 30, 2024, by Video Hearing
APPEARANCES:
Parties
Counsel
Municipality of Middlesex Centre
W. Meagher
Middlesex Centre Rural Community Association
A. Ciccone
MEMORANDUM OF ORAL DECISION DELIVERED BY P. TOMILIN AND M.A. SILLS ON APRIL 30, 2024 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”) in the matter of the Appeal by Jill McCartney, arising from the approval by the Municipality of Middlesex Centre (“Municipality”) of the Zoning By-law Amendment No. 2023-059 (“ZBA”), pursuant to s. 34(19) of the Planning Act (“Act”) and Middlesex Centre Rural Community Association (“MCRCA”) (“Appellant”), regarding an Official Plan Amendment No. 62 (“OPA”), pursuant to s. 17(36) of the Act, (“Appeals”) to the properties municipally known as 708 and 714 Gideon Drive (“site”).
2The Tribunal received the Affidavit of Service and marked it as Exhibit 1.
PRELIMINARY MATTER
3At the CMC, Mr. Ciccone explained that at the time of the ZBA Appeal, MCRCA was not yet incorporated. However, by the time of the OPA Appeal, MCRCA become incorporated. Mr. Ciccone requested that Jill McCartney, the Appellant to the ZBA Appeal, be replaced by MCRCA in the proceedings.
4The Tribunal determined that it would be prudent to grant the request, as MCRCA is the Appellant in both Appeals.
STATUS REQUEST
5Prior to the CMC, the Tribunal received one Party status request from Chris Chant, the owner of the site.
6At the CMC, the Panel explained the role of the Party to Mr. Chant. Mr. Chant requested time until the end of the week to decide whether he wants to be a Party or a Participant in this matter. If Mr. Chant decides to become a Participant, the Panel directed him to submit a Participant request form to the Tribunal.
7The Panel directed Mr. Chant to provide his status request update on or before Monday, May 6, 2024.
8Mr. Chant confirmed to the Tribunal that he intends to be a Party at the proceedings and will bring a planning expert witness.
MEDIATION
9The 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 mediation. Counsel indicated that they might be open to Tribunal-led mediation. Should the Parties reach a point where mediation could be of assistance, they may request a mediation assessment through the assigned Case Coordinator.
CMC, PROCEDURAL ORDER AND ISSUES LIST
10At the CMC, the Parties requested a second CMC in three to four months to work on the Draft Procedural Order and Issues List.
11A second CMC is scheduled to proceed by Video Hearing on Friday, August 30, 2024, at 10 a.m.
12Parties 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:
GoToMeeting: https://global.gotomeeting.com/join/344779885
Access Code: 344-779-885
13Parties 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
14Persons 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) 1-888-299-1889. The access code is as indicated above.
15Individuals 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 VH 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.
ORDER
16The Tribunal Orders the above directives.
17This Panel is not seized.
18There will be no further notice.
“P. Tomilin”
p. tomilin
MEMBER
“M.A. Sills”
m.a. sills
vice-chair
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.