Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 15, 2024
CASE NO(S).: OLT-23-001208
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 2824143 Ontario Inc.
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit a total of 249 dwelling units
Reference Number: 12T-21-001
Property Address: Part of Block F, Registered Plan No. 162, Part of the Road Allowance Between Concession A and 2, South of the Road and Part of Lot 40, Concession 2 South of the Road, Geographic Township of Tyendinaga, Town of Deseronto, County of Hastings
Municipality/UT: Town of Deseronto / County of Hastings
OLT Case No.: OLT-23-001208
OLT Lead Case No.: OLT-23-001208
OLT Case Name: 2824143 Ontario Inc. v. Hastings (County)
Heard: May 06, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel
2824143 Ontario Inc.
Spencer Putnam
County of Hastings
Jennifer Savini
Mohawks of the Bay of Quinte
Jordan Sewell
MEMORANDUM OF ORAL DECISION DELIVERED BY A. SAUVE ON MAY 6, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the second Case Management Conference (“CMC”) in respect of an appeal filed pursuant to s. 51(34) of the Planning Act, as amended (“Act”), by 2824143 Ontario Inc. (“Appellant”) against the County of Hastings (“County”) for its failure to make a decision on a Draft Plan of Subdivision Application (“Application”) within the statutory timeframe prescribed by the Act. On Monday, May 6, 2024, the Hearing was originally scheduled for a Motion; however, the Tribunal converted the date to a CMC for reasons detailed below.
2The lands subject to the Application are legally described as Part of Block F, Registered Plan No. 162, Part of the Road Allowance Between Concession A and 2, South of the Road and Part of Lot 40, Concession 2 South of the Road, Geographic Township of Tyendinaga, Town of Deseronto, County of Hastings (“Property”). The Appellant proposes to redevelop the Property with a subdivision consisting of 30 single-detached lots, 155 townhouse lots, 64 apartment units, a stormwater management pond, and a pump station.
3At the previous CMC on Monday, March 25, 2024, the Tribunal granted Party status to Mohawks of the Bay of Quinte (“MBQ”) due to a related and ongoing land claim with the Government of Canada regarding a large tract of land that encompasses the Property and surrounding land. MBQ believes that the land claim removes this land from the jurisdiction of the Tribunal as it should be a Federal matter. The Appellant opposes that argument and the County takes no position.
MOTION DATE CONVERTED TO CMC
4Both the Appellant and MBQ brought a Motion on the Monday, May 6, 2024 Hearing date. The Appellant filed first, and their Motion encompasses other issues as well. The MBQ Motion concerns itself with jurisdiction completely. The Tribunal notified the Parties that Monday, May 6, 2024 would instead be converted into a CMC in order to resolve and clarify how this Motion process should proceed. It should be noted that the County took no position regarding any of the issues discussed at this CMC.
5It was ultimately determined that the MBQ Motion should be heard first as jurisdiction is the foundation of this appeal. The Appellant’s Motion would then be heard after that issue is decided, if needed. A discussion was had about when to schedule the second Motion, and it was decided that the Member hearing the MBQ Motion should set the date for the second Motion as they would be in the best position to estimate how long their Decision will take.
6Both the Appellant and MBQ had filed their Motions and their respective responses, however they filed these materials under the impression that both Motions would be heard on the same day. With the agreement of the Parties, the Tribunal Orders that the Appellant may refile Amended Response material by Friday, May 10, 2024. This will allow the Appellant to file a Reply within the statutory time frame.
7MBQ also informed the Tribunal that they may bring a Notice of Constitutional Question at a future date.
NEXT STEPS
8A date for the MBQ Motion was secured for Thursday, May 30, 2024, at 10 a.m. The Member hearing that Motion will set the date for the Appellant’s Motion.
9On that date, 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.
10The Motion is scheduled to proceed by Video Hearing as follows:
GoToMeeting: https://global.gotomeeting.com/join/719383509
Access Code: 719-383-509
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: 1-888-299-1889 or + 1 (647) 497-9373. The Access Code is as indicated above.
12Parties 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
13Individuals 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.
ORDER
14THE TRIBUNAL ORDERS that the dates and particulars of the Hearing of the Motion are set out above.
15This Member is not seized.
16No further notice will be given.
“A. Sauve”
A. SAUVE
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.