Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 24, 2024
CASE NO(S).: OLT-23-001101
PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Aphria Inc. & 1594042 Ontario Inc.
Subject: Application for Consent – Appeal of Conditions Imposed
Description: To permit consents for a lot addition, an easement for existing utilities and an easement for traffic access.
Reference Number: B-18-23, B-19-23, B-20-23
Property Address: 223-265 Talbot St. West
Municipality/UT: Leamington
OLT Case No.: OLT-23-001101, OLT-23-001102, OLT-23-001103
OLT Lead Case No.: OLT-23-001101
OLT Case Name: Aphria Inc. & 1594042 Ontario Inc. v. Leamington (Municipality)
Heard: May 07, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel
Aphria Inc. & 1594042 Ontario Inc.
James Cooke
Town of Leamington
Jameson Pritiko
MEMORANDUM OF ORAL DECISION DELIVERED BY a. mason AND G. ROSS on May 7, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This first Case Management Conference (“CMC”) was held in respect of an appeal filed pursuant to s. 52(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended concerning a consent to sever a parcel of land located at 223-265 Talbot Street West (“Subject Lands”) and all owned by 1594042 Ontario Inc. and Aphria Inc. (“Appellant”).
2In 2018, the Appellant made four applications to the Town of Leamington (“Town”) being:
a. an application for consent to sever (“Consent”) 558.1 square metres (“m2”) from 223-265 Talbot Street West (“Severed Lands”) and add it to the west side of 255 Talbot Street West (“Receiving Lands”);
b. a Zoning-By-Law Application to rezone the Severed Lands from Agricultural Restricted Zone to Commercial Highway Zone to match the zoning on the Receiving Lands;
c. an application for an easement for existing utilities crossing the Severed Lands; and
d. an application for an access easement to allow for traffic access to the Receiving Lands and, if needed, a radius for large trucks turning on the Receiving Lands.
3The Town granted approval for the four applications each with a set of conditions. The Consent contains fifteen conditions, and the Appellant filed its appeal with respect to “Condition 10” that reads:
Prior to being endorsed on the deeds, the severed lands shall have their access to County Road 34 closed and the curb reinstalled in accordance with County of Essex requirements and standards.
4This matter was previously set down for a two-day Merit Hearing to have commenced in February 2024. However, in advance of that date, the Parties jointly requested an adjournment to allow for more time for the traffic engineering report to be completed and for the resulting evidence to be prepared in anticipation of a new Merit Hearing. In anticipation of the original Merit Hearing, the Parties had submitted witness statements to the Tribunal.
REQUESTS FOR STATUS
5The County of Essex previously advised the Tribunal in writing that it would not be participating in the matter despite the County Road 34 being under its jurisdiction. No other requests for Party or Participant status were received.
NEW HEARING DATES
6At the request of the Parties, the Tribunal scheduled a two-day Video Hearing event commencing on Tuesday, September 19, 2024 at 10 a.m.
7Parties 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/979388733
Access code: 979-388-733
8Parties 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
9Persons 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 979-388-733.
10Individuals 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.
PREPARATION FOR MERIT HEARING
11The Tribunal canvassed the Parties if they sought assistance to schedule dates for submission and exchange of the anticipated additional traffic study evidence. The Parties desired such assistance to keep the matter moving, and the Tribunal directed that the following dates for submission of additional evidence and expert witness statements be observed:
a. Appellant to submit evidence pertaining to traffic matters by Monday, July 15, 2024.
b. Town to respond by Monday, August 12, 2024.
c. Appellant to provide reply, if any, by Friday, September 6, 2024.
MEDIATION
12The Parties advised the Tribunal that they wished to seek Tribunal-led mediation assistance once the Appellant submits the additional traffic study evidence by Monday, July 24, 2024, as set out above. The Parties are optimistic that they may be able to further scope or fully resolve the issue with the benefit of the traffic evidence and will contact the Case Coordinator at that time.
ORDER
13The directions set out above are so ordered by the Tribunal.
14No further notice is required.
15The Panel is not seized of this matter.
“A. Mason”
A. MASON
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.