Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 14, 2024
CASE NO(S).: OLT-24-000369
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: 2607503 Ontario Inc.
Appellant: First Gulf Halton Steeles Limited and Sun Life Assurance Company of Canada
Subject: Proposed Official Plan Amendment
Description: To facilitate development of land for employment purposes
Reference Number: OPA 50
Property Address: Lands within the Premier Gateway Employment Area Phase 2B Secondary Plan
Municipality/UT: Halton Hills/Halton
OLT Case No: OLT-24-000369
OLT Lead Case No: OLT-24-000369
OLT Case Name: First Gulf et al. v Halton (Region)
Heard: June 13, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel
2607503 Ontario Inc.
Russell D. Cheeseman Stephanie Fleming
First Gulf Halton Steeles Limited, Sun Life Assurance Company of Canada
Maggie Bassani
Regional Municipality of Halton
Kelly Yerxa
Town of Halton Hills
Stan Floras Jeffrey Wilker (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY BITA M. RAJAEE ON JUNE 13, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Hearing was the first Case Management Conference (“CMC”) before the Tribunal with respect to two appeals under section 17(36) of the Planning Act by 2607503 Ontario Inc. and First Gulf Halton Steeles Limited & Sun Life Assurance Company of Canada (collectively the “Appellants") resulting from the approval by the Regional Municipality of Halton (“Region”) of Official Plan Amendment 50 (“OPA 50”), being the Premier Gateway Employment Area Phase 2B Secondary Plan. OPA 50 was adopted on October 10, 2023, through Zoning By-Law No. 2023-0089, by Council for the Town of Halton Hills (“Town”) and approved with modifications by the approval authority, the Region, on March 5, 2024.
2The purpose and effect of OPA 50 is to implement land use designations and policy directions to facilitate the development of lands for employment purposes.
3At the CMC, the Tribunal canvassed Counsel, who confirmed that there was no issue with the service of the Notice of CMC. The Tribunal is in receipt of the Affidavit of Service, sworn by Valerie Petryniak on June 3, 2024, which was marked as Exhibit 1 and confirms that notice was adequately provided. As such, no further notice is required.
PARTY / PARTICIPANT STATUS REQUESTS
4The statutory Parties to this appeal are the Appellants and the Region, who is the approval authority of OPA 50.
5At the CMC, the Town requested status as a Party in this proceeding. The Town’s Counsel submitted that OPA 50 is an amendment to the Town’s Official Plan and is pertinent to the Town’s land use and designations. As such, the Town’s involvement is relevant and essential in this proceeding. Upon hearing submissions from Counsel and receiving no objections from the other Parties, the Tribunal granted Party status to the Town, as it has an interest in the matter, meets the “obvious factor” requirements for being a Party in this proceeding, and will assist the Tribunal in making a determination on the issues.
6Prior to the CMC, the Tribunal received a Participant status request from the Regional Municipality of Peel (“Peel”), indicating that Peel’s interest in the appeal is with respect to the collector roads that run onto Winston Churchill Boulevard. At the CMC, Peel’s Counsel reiterated Peel’s interest as a Participant, explaining that, at the moment, Peel is fine with generally where roads intersect with the boundary road but would like to maintain status as a Participant in order to be apprised of any potential changes resulting from the appeals. The other Parties did not object to this Participant status request. The Tribunal granted Participant status to Peel.
DRAFT PROCEDURAL ORDER AND ISSUES LIST
7The Parties did not provide a draft Procedural Order (“PO”) or Issues List (“IL”) prior to the CMC. As explained by the Town’s Counsel prior to the CMC, and agreed to by the other Parties at the CMC, the Parties hope to engage in Tribunal-assisted mediation. As a result, they proposed that a second CMC be scheduled for some time in the fall. As the Town’s Counsel explained, the Parties anticipate that, as a result of discussions amongst them and the mediation, the two appeals may be scoped and the issues be identified. Moreover, at minimum, this scoping of issues may allow for parts of OPA 50 to potentially be brought into effect subsequent to the mediation, which can be discussed at the second CMC. As such, the Parties requested that a second CMC be scheduled, wherein they would present a draft PO and IL to the Tribunal.
8The Tribunal agreed, and as described below, a second CMC has now been scheduled. The Parties are directed to provide a draft PO and IL, or a status update, to the Tribunal, by October 11, 2024. The Town’s Counsel undertook to submit them to the Case Coordinator by that date.
MEDIATION AND SETTLEMENT
9With respect to Settlement discussions, the Parties advised that they intend to engage in Tribunal-assisted mediation. This has now been scheduled for early fall. The Parties are directed to advise the Tribunal in writing should they reach a Settlement with respect to some or all of the issues.
SECOND CMC
10As indicated above, a second CMC is scheduled wherein the Parties can update the Tribunal on the status of the appeals and provide a draft PO and IL to the Tribunal to be reviewed and ratified, if warranted. The second CMC is scheduled to take place by Video Hearing on Friday, October 18, 2024 at 10 a.m.
11The CMC is scheduled to proceed by video as follows:
GoTo Meeting: https://global.gotomeeting.com/join/638422541
Access Code: 638-422-541
12On that date, the Parties 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.
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: (Toll-Free) 1-888-299-1889 or +1 (647) 497-9373. The Access Code is as indicated above.
14Parties 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
15Individuals 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 CMC 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
16THE TRIBUNAL ORDERS as follows:
a. The Town of Halton Hills is now a Party in this proceeding.
b. The Regional Municipality of Peel is now a Participant in this proceeding.
c. A second Case Management Conference is scheduled as described above in this Decision.
d. The Procedural Order and Issues List, or a status update, are to be provided to the Tribunal’s Case Coordinator by Friday, October 11, 2024.
17There will be no further notice.
18The Member is not seized but may be contacted through the Case Coordinator should procedural issues arise.
“Bita M. Rajaee”
BITA M. RAJAEE
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.