Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 22, 2024
CASE NO(S).: OLT-23-001023 (Formerly PL150303)
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/ Appellant: Shoal Bayly Ontario Inc.
Subject: Request to amend the Official Plan - Failure of the Town of Ajax to adopt the requested amendment
Description: To permit the development of a mix of 660 residential units, a school block, park block, stormwater infiltration/management block, and environmental protection block.
Reference Number: OPA 2014-006
Property Address: 727 Shoal Point Road
Municipality/UT: Ajax/Durham
OLT Case No.: OLT-23-001023
Legacy Case No: PL150303
OLT Lead Case No.: OLT-23-001023
Legacy Lead Case No: PL150303
OLT Case Name: Magnum Opus Developments (Ajax) Corp. v. Durham (Regional Municipality)
PROCEEDING COMMENCED UNDER subsection 17(40) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Shoal Bayly Ontario Inc.
Subject: Failure of the Region of Durham to announce a decision respecting Proposed Official Plan Amendment No. OPA 2014-006
Description: To permit the development of a mix of 660 residential units, a school block, park block, stormwater infiltration/management block, and environmental
Property Address: 727 Shoal Point Road
Municipality/UT: Ajax/Durham
OLT Case No.: OLT-23-001042
Legacy Case No: PL150459
OLT Lead Case No.: OLT-23-001023
Legacy Lead Case No: PL150303
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Shoal Bayly Ontario Inc.
Subject: Application to amend Zoning By-law No. 95-2003 - neglect of the Town of Ajax to make a decision
Description: To permit the development of a mix of 660 residential units, a school block, park block, stormwater infiltration/management block, and environmental protection block.
Reference Number: Z2/11
Property Address: 727 Shoal Point Road
Municipality/UT: Ajax/Durham
OLT Case No.: OLT-23-001043
Legacy Case No: PL150460
OLT Lead Case No.: OLT-23-001023
Legacy Lead Case No: PL150303
Heard: January 10, 2024 by video hearing
APPEARANCES:
Parties
Counsel
Shoal Bayly Ontario Inc.
M. Cook
("Applicant"/"Appellant")
H. Ruby
J. Alati (in absentia)
Town of Ajax
A. Biggart
("Town")
Regional Municipality of Durham
R. Woon
("Region")
K. Ryan (in absentia)
Toronto and Region Conservation
B. Montgomery
Authority
("TRCA")
Daste Investments (Bayly) Ltd.
K. Sliwa
and Finchrose Developments
M. James
Corporation
("Daste and Finchrose")
MEMORANDUM OF ORAL DECISION DELIVERED BY S. TOUSAW ON JANUARY 10, 2024 AND ORDER OF THE TRIBUNAL
1This Case Management Conference ("CMC") was convened at the request of the Applicant/Appellant in pursuit of Final Approval for appeals that were approved in principle in 2017 by the Tribunal's predecessor, the Ontario Municipal Board, on the settlement of the Parties.
2The Applicant/Appellant requested that a Hearing on the Merits ("Hearing") be scheduled, whereas the other Parties requested that a further CMC be convened in two or three months.
3Two requests for Participant status were received but were not approved. One potential Participant simply wished to observe the proceedings, to which the Tribunal explained that anyone was welcome in the "gallery." The other requestor withdrew the request prior to this CMC.
4The relevant facts and recent background for this case include the following:
- The "site" is 41 hectares of land to the south of a possible westerly extension of Leney Street, in the southeast area of the Town.
- The Applicant/Appellant purchased the site in 2023 from the previous Applicant/Appellant and pursued revisions to the site proposal through planning applications to the Town.
- The circulated agencies' comments resulted in the Applicant/Appellant filing further revisions and several related studies and reports in mid-December 2023, which have been circulated again to the agencies.
5The Applicant/Appellant advised that its revised submissions are intended to address the comments received from the agencies and the Town. It requests that a Hearing be scheduled, but accepts that a CMC could also be held, which could become a Settlement Hearing if settlement is achieved with the Parties.
6The Town, with support of the other Parties, argued that time is required to review the revised plans, and that a Hearing should not be scheduled without knowing the issues to be addressed and the hearing time required to address them. The Region noted that additional time would enable the narrowing of issues. The TRCA advised that stormwater management remains a focus for this site and warrants careful review. Daste and Finchrose, being the developers abutting to the north of the site, advised that cost sharing for a public street(s) will need to be revisited.
7The Tribunal found that a further CMC is necessary and fair to all Parties, at which time a Hearing can be scheduled, if needed. The Parties are prepared to work towards reduced issues and a settlement, if possible, either of which can be addressed at the scheduled CMC. In the absence of known issues and the time needed to address them in a Hearing, the Tribunal found it premature to schedule the Hearing.
8The Parties are aware of the availability of Tribunal-led mediation.
9With the CMC scheduled as noted below, the Parties were directed to advise each other and the Tribunal, by Friday, April 5, 2024, of any outstanding issues or if a settlement is reached. If a Hearing is required, the Tribunal directed the Applicant/Appellant to file a draft Procedural Order on or before Thursday, April 11, 2024, prepared on consent with the Parties.
10The CMC will convene on Monday, April 15, 2024 at 10 a.m. by video hearing. No further Notice will be issued. This Vice-Chair is not seized.
11Parties and Participants 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:
GoTo Meeting: https://global.gotomeeting.com/join/709076365
Access code: 709-076-365
12Parties and Participants 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
13Persons 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 the same as the access code noted above.
14Individuals 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.
15The Tribunal Orders its directions as set out above.
"S. Tousaw"
S. tousaw
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.