Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
June 18, 2024
CASE NO(S).:
OLT-23-000839 OLT-23-000765
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
Parkbridge Lifestyle Communities Inc. and 1000352619 Ontario Inc.
Appellant:
Rudanco Hospitality Corporation
Subject:
By-Law No. 93-2023
Description:
ZBA to incorporate the modifications to the draft plan, including back-to-back townhouses as a permitted use
Reference Number:
D14-13-2022
Property Address:
Rolling Meadows Subdivision, Phases 17-21, plus Block 1239
Municipality/UT:
Thorold/Niagara
OLT Case No.:
OLT-23-000839
OLT Lead Case No.:
OLT-23-000839
OLT Case Name:
Parkridge Lifestyle Communities Inc., et al. v. Thorold (City)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
Parkbridge Lifestyle Communities Inc. and 1000352619 Ontario Inc.
Appellant:
Rudanco Hospitality Corporation
Subject:
By-Law No. 94-2023
Description:
ZBA to incorporate the modifications to the draft plan, including back-to-back townhouses as a permitted use
Reference Number:
D14-13-2022
Property Address:
Rolling Meadows Subdivision, Phases 17-21, plus Block 1239
Municipality/UT:
Thorold/Niagara
OLT Case No.:
OLT-23-000841
OLT Lead Case No.:
OLT-23-000839
OLT Case Name:
Parkridge Lifestyle Communities Inc., et al. v. Thorold (City)
PROCEEDING COMMENCED UNDER subsection 51(39) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant:
Hydro One Networks Inc.
Subject:
Proposed Plan of Subdivision – Appeal of a decision of an Approval Authority that approved a plan of subdivision
Description:
To permit the development of Phases 17 to 21 and Block 1239 of the Rolling Meadows Subdivision
Reference Number:
D12-04-2022
Property Address:
Phases 17 to 21 and Block 1239
Municipality/UT:
Thorold/Niagara
OLT Case No.:
OLT-23-000765
OLT Lead Case No.:
OLT-23-000765
OLT Case Name:
Hydro One Networks Inc. v. Thorold (City)
PROCEEDING COMMENCED UNDER subsection 51(48) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant:
Hydro One Networks Inc.
Subject:
Proposed Plan of Subdivision – Appeal of the changed conditions imposed by the approval authority
Description:
To permit the development of Phases 17 to 21 and Block 1239 of the Rolling Meadows Subdivision
Reference Number:
D12-04-2022
Property Address:
Phases 17 to 21 and Block 1239
Municipality/UT:
Thorold/Niagara
OLT Case No.:
OLT-23-001131
OLT Lead Case No.:
OLT-23-000765
OLT Case Name:
Hydro One Networks Inc. v. Thorold (City)
Heard:
May 30, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel
Rolling Meadows Land Corp. (“Applicant”)
C. Shedden
Parkbridge Lifestyle Communities Inc. and 1000352619 Ontario Inc.
Rudanco Hospitality Corporation
Hydro One Networks Inc. (“Hydro One”)
City of Thorold (“City”)
C. Lantz, J. Cheng
C. Lantz, J. Cheng
C. Barnett
P. Harrington
MEMORANDUM OF ORAL DECISION DELIVERED BY J. Innis and G. Ross ON May 30, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Hearing is the second Case Management Conference (“CMC”) respecting third party appeals to Zoning By-law Amendments and a proposed Plan of Subdivision subject to Conditions advanced by the Applicant and approved by the City related to the Rolling Meadows Plan of Subdivision, Phases 17-21 and Block 1239, in the City of Thorold.
party status request
2Consideration of the request of Rudanco Hospitality Corporation (“Rudanco”) for Party status, in Hydro One’s Appeal of the Modification to the Draft Plan of Subdivision, was deferred from the previous CMC. Upon consent of all Parties, it was determined that, as the Applicant objects to this request, a Motion Hearing should be scheduled to determine the status of Rudanco in the subdivision appeals.
PROCEDURAL ORDER, ISSUES LIST AND NEXT STEPS
3The Parties requested that a twelve-day (12-day) hearing of the merits be scheduled in 2025. However, given that there is an outstanding Party status determination, as well as the potential inability of the Parties to provide the Tribunal with a draft Procedural Order and Issues List on consent in a timely manner, the Tribunal finds that the scheduling of said requested Merit Hearing would be premature. As such, the Tribunal has scheduled a 1-day Motion Hearing to determine the Party status request by Rudanco.
4The Ontario Land Tribunal (“Tribunal”) directs that the Parties adhere to the Tribunal’s Rules of Practice and Procedure, Rule 10, on Motions.
MOTION HEARING
[5] Upon request of the Parties, the Tribunal has set a Motion Hearing to commence on Thursday, August 01, 2024 at 10 a.m. by video. No further Notice is required.
6Parties and Participants are asked to log in to the Hearing by video at least 15 minutes before the start of the event to test their video and audio connections.
GoTo Meeting: https://global.gotomeeting.com/join/979388733
Access code: 979-388-733
7Parties 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.
[8] Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling in to an audio-only telephone line: (Toll-Free) 1-888-299-1889 or +1 (647) 497-9373. The access code is as indicated in paragraph [6] above.
9Individuals 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.
ORDER
7The Tribunal Orders that:
a. the date and particulars of the motion hearing are set out above in paragraphs [5] through [9].
8The Members are not seized but may be spoken to through the Case Coordinator should any issues arise.
9No further notice is required.
“J. Innis”
J. inniS
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.