ISSUE DATE:
May 27, 2024
CASE NO(S).:
OLT-23-000520
OLT-23-001291
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant:
Argo Kennedy Limited
Subject:
Request to amend the Official Plan – Failure to adopt the requested amendment
Description:
To redesignate the subject property to facilitate a residential development
Reference Number:
POPA 2021-0009
Property Address:
Mayfield West Secondary Plan Area
Municipality/UT:
Caledon/Peel
OLT Case No.:
OLT-23-000520
OLT Lead Case No.:
OLT-23-000520
OLT Case Name:
Argo Kennedy Limited v. Caledon (Town)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant:
Argo Kennedy Limited
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
To permit the development of a residential subdivision including single detached homes, rear-lane and back-to-back townhomes and a medium density block
Reference Number:
PRE 2021-0013
Property Address:
12891 Hurontario Street, 0 School Road and 3431 Old School Road
Municipality/UT:
Caledon/Peel
OLT Case No.:
OLT-23-001291
OLT Lead Case No.:
OLT-23-001291
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant:
Argo Kennedy Limited
Subject:
Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description:
To permit the development of a residential subdivision including single detached homes, rear-lane and back-to-back townhouses and a medium density block
Reference Number:
PRE 2021-2013
Property Address:
12891 Hurontario Street, 0 School Road and 3431 Old School Road
Municipality/UT:
Caledon/Peel
OLT Case No.:
OLT-23-001292
OLT Lead Case No.:
OLT-23-001291
Heard:
May 8, 2024 by Video Hearing ("VH")
Parties
Counsel/Representative*
Argo Kennedy Limited
Alexander Suriano
("Appellant")
Town of Caledon
Sylvain Roleau
("Town")
Regional Municipality of Peel
Arti Sanichara
School West Investments Inc.,
Kacie Layton
Caledon Development LP,
Caledon Development General
Partner Ltd., School Valley South
Ltd., School Valley Developments
Ltd., Brookvalley Developments
(HWY 10) Ltd., (collectively, "Brookvalley")
Toronto and Region Conservation
Michael Hynes*, Nick Cascone*
Authority
Ministry of Municipal Affairs and Housing
Joanna Wice, Jaikaran Goraya (student-at-law)
FP Mayfield West (Caledon) Inc.
Scott Snider
MEMORANDUM OF ORAL DECISION DELIVERED BY K.R. ANDREWS AND K. HEWITT ON MAY 8, 2024 AND ORDER OF THE TRIBUNAL
1This is the third Case Management Conference ("CMC") for Case No. OLT-23-000520, concerning an Official Plan Amendment ("OPA") application, and it is the second CMC related to OLT-23-001291, concerning Zoning By-law Amendment ("ZBA") and Draft Plan of Subdivision ("DPS") applications regarding the same lands. These matters were previously ordered to be heard together pursuant to the March 8, 2024 Decision.
2At the outset of the hearing, Counsel for FP Mayfield West (Caledon) Inc. informed the Tribunal that his client is seeking Party status in both matters. He explained that his client's interests are essentially the same as Brookvalley, insofar as they own lands in the immediate area, which may be affected by the outcome of the present appeals.
3There were no objections to the request, and so the Tribunal granted Party status to FP Mayfield West (Caledon) Inc. on consent of the Parties.
4With this request for Party status dealt with, the Tribunal turned its attention to the original purpose of the present CMC. It was set to possibly deal with a settlement of the OPA matter. However, the Tribunal was informed, prior to the Hearing, that the Parties need some additional time to finalize a settlement. They therefore requested that the Tribunal provide an Order to permit such a settlement hearing proceed in writing, with a returnable date to be determined administratively later, upon consent of all Parties.
5The Tribunal finds this approach to be acceptable and the settlement of the OPA matter may be done by way of a written hearing or motion. To be clear, the Tribunal also finds that the date may be set administratively by the Tribunal, at the request of the Parties, but only upon consent of all Parties.
6The Tribunal notes that another CMC is currently scheduled for Tuesday, October 1, 2024, which may be used to deal with a settlement of the ZBA and DPS matters. Alternatively, if those matters do not settle by that time, that hearing may be used to case manage a merit hearing to resolve the remaining case, which is already scheduled to commence on Tuesday, March 4, 2025, as set out in the March 8, 2024 Decision.
Order
7The Tribunal Orders that:
- the Parties may settle the Official Plan Amendment Appeal by way of a written hearing or motion. The date for said written matter may be set by the Tribunal administratively, provided that each party confirms that the date is agreed upon.
8The Members are not seized but may be spoken to through the Case Coordinator if any issues arise.
"K.R. Andrews"
K.R. ANDREWS
MEMBER
"K. Hewitt"
K. HEWITT
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.