Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 25, 2024
CASE NO(S).: OLT-23-001072
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended.
Appellant: Middleburg Developments Inc.
Subject: Proposed Official Plan Amendment – Appeal of decision
Description: To modify and approve Amendment No. 147 to the Official Plan of the Town of Georgina
Reference Number: LOPA.19.G.0033 (OPA 147)
Property Address: Part Lots 16 & 17 Concession 3
Municipality: Region of York
OLT Case No.: OLT-23-001072
OLT Lead Case No.: OLT-23-001072
OLT Case Name: Middleburg Developments Inc. v. York (Region)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended.
Appellant: Middleburg Developments Inc.
Appellant: 1819213 Ontario Inc.
Subject: Zoning By-law Amendment – Appeal of Decision
Description: To create a new zoning bylaw for the Countryside Area that implements the policies of the Town of Georgina Official Plan.
Reference Number: Town File No. 03.05BT
Property Address: Part Lots 16 & 17 Concession 3
Municipality/UT: Town of Georgina/ Region of York
OLT Case No.: OLT-23-001307
OLT Lead Case No.: OLT-23-001072
OLT Case Name: 1819213 Ontario Inc. v. Georgina (Town)
Heard: May 2, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel
1819213 Ontario Inc.
R. Uukkivi
Town of Georgina
A. Biggart
Middleburg Developments Inc.
A. Lusty (in absentia)
N. Gunawaranda
MEMORANDUM OF ORAL DECISION DELIVERED BY G. POLITIS AND S. DEBOER ON MAY 2, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION AND BACKGROUND
1The Tribunal convened a Second Case Management Conference (“CMC”) with respect to the Appeal by 1819213 Ontario Inc. (“1819213”) pursuant to s. 34 (19) of the Planning Act due to the Town of Georgina’s (“Town”) approval of Zoning By-Law Amendment No. 500-2023-006 (“ZBA”).
2The municipal addresses pertaining to the Appeals are Part Lots 16 and 17 Concession 3, and Part Lot 1 Concession 2.
3The purpose of the Town’s ZBA is to implement the updated policies and mapping for the Town.
PARTY OR PARTICIPANT REQUESTS
4The Tribunal did not receive any Party or Participant requests prior to nor during the CMC. However, due the confirmation by the Town and Mr. Uukkivi that this Appeal is site-specific to 1819213’s lands and does not pertain to the Appeals by Middleburg Developments Inc., the Tribunal granted the request of Middleburg Developments Inc. to not be a Party to this matter once this CMC was completed.
OPPORTUNITIES FOR RESOLUTION
5The Parties stated that they are aware of Tribunal-led mediation; however, the Parties stated that it is not needed at this time.
OTHER ISSUES
6The Parties confirmed with the Tribunal that the Middleburg Developments Inc. Appeals and the 1819213 Ontario Inc. Appeal are site-specific appeals. It was the Town’s request that the Tribunal approve the Official Plan Amendment No. 147 and the ZBA to come into full force and effect except for the site-specific appeals before the Tribunal.
7The Town stated that they would provide the Tribunal with a Written Motion Request with an appropriate Planning Justification Affidavit from a land planning professional and Draft Order for approval by the Tribunal. The Tribunal ruled that this was an appropriate request and that this Motion would be determined at a separate hearing event.
PROCEDURAL ORDER AND ISSUES LIST
8The Tribunal has received an updated Procedural Order and Issues List and approves of its contents. The Procedural Order shall govern the upcoming proceedings.
SCHEDULING OF A HEARING OF THE MERITS
9The Tribunal has scheduled a Hearing of the Merits pertaining to 1819213’s site-specific ZBA. The five-day Hearing is to proceed by video commencing on Friday, February 10, 2025, at 10 a.m.
10The Video Hearing is scheduled to proceed as follows:
GoToMeeting: https://global.gotomeeting.com/join/638422541
Access Code: 638-422-541
11Parties 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.
12Persons 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 as indicated above.
13Individuals 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 Video Hearing 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
14THE TRIBUNAL ORDERS that a five-day (5-day) Video Hearing concerning the site-specific Zoning By-Law Amendment No. 500-2023-006 matter shall commence on Friday, February 10, 2025, at 10 a.m.
15The attached Procedural Order is to govern the procedures leading up to and including the Video Hearing as set out in Schedule 1 to this Order and is in full force and effect on the issue date of this Order.
16The Members are not seized.
17No further notice shall be provided.
“G. Politis”
G. POLITIS
MEMBER
“S. DeBoer”
S. Deboer
Member
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.
SCHEDULE 1
CASE NO(S).: OLT-23-001072
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended.
Appellant: Middleburg Developments Inc.
Subject: Proposed Official Plan Amendment – Appeal of decision
Description: To modify and approve Amendment No. 147 to the Official Plan of the Town of Georgina
Reference Number: LOPA.19.G.0033 (OPA 147)
Property Address: Part Lots 16 & 17 Concession 3
Municipality: Region of York
OLT Case No.: OLT-23-001072
OLT Lead Case No.: OLT-23-001072
OLT Case Name: Middleburg Developments Inc. v. York (Region)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended.
Appellant: Middleburg Developments Inc.
Appellant: 1819213 Ontario Inc.
Subject: Zoning By-law Amendment – Appeal of Decision
Description: To create a new zoning bylaw for the Countryside Area that implements the policies of the Town of Georgina Official Plan.
Reference Number: Town File No. 03.05BT
Property Address: Part Lots 16 & 17 Concession 3
Municipality/UT: Town of Georgina/ Region of York
OLT Case No.: OLT-23-001307
OLT Lead Case No.: OLT-23-001072
OLT Case Name: 1819213 Ontario Inc. v. Georgina (Town)
Procedural Order
- The Tribunal may vary or add to this Order at any time either on request or as it sees fit. It may amend this Order by an oral ruling or by another written Order.
Organization of the First Phase Hearing
The video hearing will begin on February 10, 2025, at 10:00 a.m. via videoconference. No further notice shall be required.
The parties’ initial estimation for the length of the first phase hearing is 5 days. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.
The parties and participants identified at the case management conference are listed as Attachment 1.
The issues for the first and second phases are set out in the Issues List attached as Attachment 2. There will be no changes to the list as it applies to the first phase unless the Tribunal permits, and a party who asks for changes may have costs awarded against it. The issues for the second phase will be confirmed at a future case management conference, if required.
The order of evidence for the first phase shall be as set out in Attachment 3 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.
Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.
Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website.
Requirements Before the First Phase Hearing
A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of the witnesses and the order in which they will be called. This list must be delivered on or before December 17, 2024, and in accordance with paragraph 21 below. A party who intends to call an expert witness must include a copy of the witness’ Acknowledgement of Expert’s Duty Form, Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.
An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 13 below. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.
Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s evidence as in paragraph 13 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 13 below.
On or before December 23, 2024, the parties shall provide copies of their witness and expert witness statements to the other parties and to the OLT case coordinator and in accordance with paragraph 21 below.
On or before December 23, 2024, a participant shall provide copies of their written participant statement to the other parties and to the OLT case co-ordinator in accordance with paragraph 21 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.
On or before January 6, 2025, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required. If the parties agree that no hearing dates are intended to be released from the Tribunal’s calendar, no party is required to advise the Tribunal of anything further in this regard.
Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence within 10 days after the evidence is received, in accordance with paragraph 21 below.
On or before February 3, 2025, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 21 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.
The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before January 31, 2025.
The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before February 3, 2025, with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.
A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.
A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.
All filings shall be submitted electronically and, when requested, in hard copy. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7.
No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.
A summary of the various procedural dates is contained in Attachment 4.
The Members are not seized.
So orders the Tribunal.
ATTACHMENT 1
LIST OF PARTIES AND PARTICIPANTS
PARTIES
1819213 Ontario Inc.
Raivo Uukkivi
Cassels Brock & Blackwell LLP
Suite 3200, Bay Adelaide Centre – North Tower
40 Temperance St.
Toronto, ON M5H 0B4 Canada
Tel: (416) 860-6613
Town of Georgina
Andrew Biggart
Ritchie Ketcheson Hart Biggart Barristers & Solicitors
206 – 1 Eva Road
Toronto, ON M9C 4Z5
Tel: (416) 622-6601 ext. 1003
Fax: (416) 622-4713
PARTICIPANTS
Nil
ATTACHMENT 2
ISSUES LIST
Phase 1 – Settlement Area Boundary
Is the Environmentally Protected (“EP”) zoning that has been proposed for the majority of the lands located at Part Lot 1, Concession 2 in Georgia, as in R208463 and owned by 1819213 Ontario Inc. (the “Lands”) appropriate?
Is it appropriate to zone any portion of the Lands EP?
If it is appropriate to zone any portion of the Lands EP, what are the appropriate boundaries for the EP designation?
If any or all of the Lands are not appropriately zone EP, what is the appropriate zoning category that should be applicable to the Lands, and in particular, is it appropriate to zone the Lands:
a. Under the Rual Zone category?
b. Under the Institutional Zone category?
c. Under the Agricultural Zone category?
d. Under any of the M-Industrial Zone categories?
e. Under any of the Commercial Zone categories?
ATTACHMENT 3
ORDER OF EVIDENCE
1819213 Ontario Inc.
Town of Georgina
1819213 Ontario Inc. in reply (if any)
ATTACHMENT 4
SUMMARY OF PROCEDURAL DATES
DATE
EVENT
December 17, 2024
Exchange of witness lists (names, disciplines and order to be called)
December 23, 2024
Exchange of Witness Statements, summoned witness outlines, Expert Reports and Participant Statements
January 6, 2025
Parties to Advise Tribunal if any hearing dates are to be released from the hearing calendar (if any)
10 Days after receipt of evidence
Exchange of Reply Witness Statements (if any)
February 3, 2025
Exchange of Visual Evidence (if any)
January 31, 2025
Finalize Joint Document Book
February 3, 2025
Final Hearing Plan filed with the Tribunal
February 5, 2025
Expert witnesses to meet on or before this date
February 7, 2025
Any agreed statement facts to be filed
February 10, 2025
Hearing commences