Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 11, 2024
CASE NO(S).: OLT-23-001320
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Fred Jamieson
Appellant: Sifton Properties Limited
Description: To permit the proposed amendment to the Thames Centre Official Plan
Reference Number: 39-TC-OPA27
Property Address: Municipality-wide
Municipality/UT: Thames Centre/Middlesex
OLT Case No.: OLT-23-001320
OLT Lead Case No.: OLT-23-001320
OLT Case Name: Jamieson and Sifton Properties Limited v. Municipality of Thames Centre
Heard: May 24, 2024, by Video Hearing
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| Sifton Properties Limited | Peter Van Loan Matthew Helfand |
| Fred Jamieson | Stewart Findlater* |
| Municipality of Thames Centre | Paula Lombardi |
| County of Middlesex | Wayne Meagher |
MEMORANDUM OF ORAL DECISION DELIVERED BY MICHAEL MENEZES AND A. SAUVE ON MAY 24, 2024, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This hearing is the second Case Management Conference for the above-noted matter.
2The last Official Plan review for the Municipality of Thames Centre (“Thames Centre”) was completed in 2015. The purpose and effect of Amendment No. 27, which was approved by the County of Middlesex Council on November 21, 2023, is to update the Thames Centre Official Plan (“OPA 27”) to reflect Provincial legislation and policy, the County of Middlesex Official Plan, and the changing needs of the community.
3Sifton Properties Limited and Fred Jamieson (“Appellants”) have filed Appeals, pursuant to s. 17(36) of the Planning Act, against Thames Centre OPA 27.
4Sifton Properties Limited (‘Sifton”) is a major land developer in southwestern Ontario. Sifton’s primary concern in its Appeal is related to the overall lack of residential land supply provided in OPA 27, as well as the appropriateness of the location of the residential land supply and the forecasted growth within the Municipality.
5Fred Jamieson’s Appeal relates to the restriction in floor area to a maximum of 49% of the Gross Floor Area for an additional residential unit being unreasonably small.
PARTY / PARTICIPANT REQUESTS
6The Tribunal received a Participant status request dated April 3, 2024, from Phil Ruggeri, who represents a developer owning land that abuts the Settlement Area and is interested in the outcome of the Appeals.
7The Appellant and the City had no objection. The Tribunal directed that Phil Ruggeri be added as a Participant to these proceedings.
8No other person sought Party or Participant status.
MEDIATION
9The Counsel confirmed that discussions with Sifton are proceeding well to resolve some or all the issues. The Tribunal noted that Tribunal-led mediation is available at any point in time, and information can be obtained through the Case Coordinator.
NEXT STEPS
10The Counsel for the Municipality informed the Tribunal that a Settlement in principle has been reached with Mr. Fred Jamieson. A signed, finalized written Settlement will be filed with the Tribunal within the next few weeks and the Parties will seek a date for a Settlement Hearing for that Appeal.
11Counsel for the Municipality advised that they intend to file a Motion for the adoption of the uncontested parts of OPA 27.
12For the Sifton appeal, a draft Procedural Order, including the Issues List and a Hearing Plan, will be filed with the Tribunal by Friday, May 31, 2024.
13At the request of the Parties and based on the number of potential witnesses expected to appear, the Tribunal has scheduled a 14-day Merit Hearing for Monday, February 3, 2025 at 10 a.m. through Friday, February 21, 2025. However, the Tribunal will not be sitting on Monday, February 17, 2025 for the observance of a public holiday. The Parties have confirmed that, based on their discussions, they will let the Tribunal know if a shorter period is required for the Hearing.
14Parties are asked to log in to 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/909787981
Access Code: 909-787-981
15Parties 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
16Persons 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) 455-1389 or +1 (647) 497-9391. The access code is as indicated above.
17Individuals 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 events may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
18THE TRIBUNAL ORDERS that:
- Phil Ruggeri is granted Participant status;
- The Draft Procedural Order will be filed by Friday, May 31, 2024; and
- A 14-day Merit Hearing is scheduled for Monday, February 3, 2025 at 10 a.m. through Friday, February 21, 2025. The Tribunal will not sit on February 17, 2025.
19This Panel is not seized and remains available through the Case Coordinator should the need arise.
20No further notice is required.
“Michael Menezes”
MICHAEL MENEZES
MEMBER
“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.