ISSUE DATE:
May 21, 2024
CASE NO(S).:
OLT-23-001073
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant:
1571145 Ontario Limited
Appellant:
2817053 Ontario Limited
Appellant:
Auburn Developments Inc.
Appellant:
Paisley Hill Ltd.
and others
Subject:
Proposed Official Plan Amendment
Description:
Update to the Middlesex Centre Official Plan
Reference Number:
OPA 59
Property Address:
Municipality-wide
Municipality/UT:
Middlesex Centre/Middlesex
OLT Case No:
OLT-23-001073
OLT Lead Case No:
OLT-23-001073
OLT Case Name:,
Auburn Developments Inc. v. Middlesex (County)
Heard:
May 8, 2024, by Video Hearing
APPEARANCES:
Parties
Counsel
1571145 Ontario Limited
Analee Baroudi
2817053 Ontario Limited
Analee Baroudi
Auburn Developments Inc.
Analee Baroudi
Tridon Properties Ltd.
Analee Baroudi
Paisley Hill Ltd.
Analee Baroudi
Sifton Properties Limited
Peter Van Loan Matthew Helfand
South Winds Development Co. Inc.
Kim Mullin
County of Middlesex
Wayne Meagher
Municipality of Middlesex Centre
Paula Lombardi
Farhi Holdings Corporation and Farhi Farming Corporation
Denise Baker (in absentia) Chantal deSereville
Cirrus Developments Limited and 1564326 Ontario Ltd.
Eric Davis
1000730334 Ontario Inc. Limited and 832928 Ontario Limited
Amy Dale
Watermark Komoka 2021 Inc.
Patrick Duffy (in absentia) Jonathan Cheng
MEMORANDUM OF ORAL DECISION DELIVERED BY F. LAVOIE AND G. ROSS ON MAY 8, 2024, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision and Order arises from the second Case Management Conference ("CMC") held regarding the Appeals filed by 1571145 Ontario Limited, 2817053 Ontario Limited, Auburn Developments Inc., Tridon Properties Ltd., Paisley Hill Ltd., Sifton Properties Limited, and South Winds Development Co. Inc., ("Appellants") pursuant to s.17(36) of the Planning Act, R.S.O. 1990, c. P.13, in relation to the adoption of Official Plan Amendment #59 by Council to the Municipality of Middlesex Centre.
PROCEDURAL MATTERS
2The Tribunal was in receipt of a written Party Status requests from Comgord Limited. No objections or issues were raised from other Appellants or Parties with regards to this request. Having reviewed the status request, the Tribunal finds there are reasonable grounds to add Comgord Limited as a Party to these Appeals. The Tribunal grants Party Status to Comgord Limited.
3At the previous CMC, the Tribunal directed the Parties file a draft finalized Procedural Order to be considered at this CMC. The Parties advised that while much progress was achieved, they were not yet in a position to file these documents for consideration by the Tribunal. Following submissions by the Parties, the Tribunal is amenable to having the Appellants, County, and Municipality file the draft Procedural Order and Issues List ("PO/IL") with the Tribunal no later than Wednesday, May 22, 2024. The non-appellant Parties will have until Wednesday, May 29, 2024, to advise the Tribunal under which issues each will shelter.
SCHEDULING THE THIRD CASE MANAGEMENT CONFERENCE
4Several Parties requested the Tribunal schedule a 15-day Hearing for early 2025. The Tribunal also heard submissions that some Parties have not yet been able to review the issues and canvass their witnesses' availability for these dates. These Parties instead urge the Tribunal to schedule a third CMC. The Tribunal finds it is premature to schedule the Merit Hearing before the approval of draft PO/IL. A third CMC will be held to approve the draft PO/IL, consider a Motion by the Municipality for an order that the non-contested portions of OPA #59 come into force, and schedule the Merit Hearing.
5The Tribunal scheduled a third CMC on Thursday, June 6, 2024, at 9 a.m. by Video Hearing.
6Parties 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/519389173
Access Code: 519-389-173
7Parties 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
8Persons 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 same as mentioned above.
9Individuals 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
10THE TRIBUNAL ORDERS the following:
a. That Comgord Limited is granted Party Status;
b. The third Case Management Conference will commence by Video Hearing on Thursday, June 6, 2024, at 9 a.m.; and
c. The directions in this Decision are so ordered.
11There will be no further notice.
"F. Lavoie"
F. LAVOIE MEMBER
"G. Ross"
G. ROSS 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.
CORRECTION NOTICE
OLT CASE NO(S).:
OLT-23-001073
DECISION ISSUE DATE(S):
May 21, 2024
CORRECTION NOTICE ISSUE DATE:
May 27, 2024
RE: Auburn Developments Inc. v. Middlesex (County)
Correction to: the decision issue date
Originally:
Corrected to:
GoToMeeting: https://global.gotomeeting.com/join/519389173
Access Code: 519-389-173
GoToMeeting: https://global.gotomeeting.com/join/638422541
Access Code: 638-422-541
"Euken Lui"
EUKEN LUI 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.