Ontario Land Tribunal / Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 25, 2024
CASE NO(S).: OLT-23-000616
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: 1608316 Ontario Inc. and See Path Group Inc.
Appellant: Frontdoor Developments (Garrard) Inc.
Appellant: Frontdoor Developments (Palmerston) Inc.
Subject: Proposed Official Plan Amendment
Description: The purpose of OPA 130 is to introduce additional policies to aid in managing residential infill and intensification in mature neighbourhoods in the study area.
Reference Number: By-law # 7996-23, OPA# 130
Property Address: 780 Garden Street
Municipality/UT: Whitby/Durham
OLT Case No: OLT-23-000616
OLT Lead Case No: OLT-23-000616
OLT Case Name: 1608316 Ontario Inc. and See Path Group Inc. v. Whitby (Town)
Heard: June 18, 2024, by Video Hearing
Parties and Counsel
Parties
Counsel
Frontdoor Developments (Garrard) Inc.
Matthew Helfand
Andrea Skinner (in absentia)
Frontdoor Developments (Palmerston) Inc.
Matthew Helfand
Andrea Skinner (in absentia)
Town of Whitby
Andrew Biggart
MEMORANDUM OF ORAL DECISION DELIVERED BY G. ROSS and S. BOBKA ON June 18, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the second Case Management Conference (“CMC”) regarding appeals filed pursuant to s. 17(24) of the Planning Act regarding the decision of the Town of Whitby (“Town”) to adopt Official Plan Amendment 130 (“OPA 130”) which introduces additional policies to aid in managing residential infill and intensification in mature neighbourhoods.
BACKGROUND
2The Town Council passed By-law No. 7996-23 on May 15, 2023, to adopt OPA 130 to the Town’s Official Plan.
3On June 13, 2024, the Tribunal received a request by email from 1608316 Ontario Inc. and See Path Group Inc. to withdraw their appeal. The Tribunal confirmed by letter dated June 14, 2024, that the appeal is withdrawn and that the two appeals filed by Frontdoor Developments (Garrard) Inc. and Frontdoor Developments (Palmerston) Inc. (collectively, the “Appellants”) remain.
UPDATES
4Counsel for the Parties confirmed that since the last CMC, productive discussions have taken place between the Town and the Appellants. The Parties are now optimistic that a Settlement may be reached.
5Given the above update, the Parties’ request is to schedule another CMC in approximately one month, at which time a Hearing date could be requested if a Settlement was not reached. If a Settlement is reached, the Parties confirmed that the proposed path forward would be to withdraw the appeals.
NEXT STEPS
6Upon review and consideration, the Tribunal scheduled a third CMC to begin on Thursday, July 25, 2024 at 9 a.m. for one hour by Telephone Conference Call (“TCC”).
7A CMC has been scheduled to proceed by TCC on Thursday, July 25, 2024 at 9 am..
8Individual(s) are directed to call 416-212-8012 or Toll Free 1-866-633-0848 on the assigned date at the correct time. When prompted, enter the code 4779874 to be connected to the call. It is the responsibility of the person(s) participating in the call to ensure that they are properly connected to the call and at the correct time. Questions prior to the call may be directed to the Tribunal’s Case Coordinator having carriage of this case.
9The Tribunal directed that the draft Procedural Order and Issues List be provided on or before Friday, July 19, 2024..
ORDER
10The Tribunal Orders that:
a) A Case Management Conference has been scheduled as per paragraph [6] above;
b) There will be no further notice; and
c) The Panel Members are not seized on this matter.
“G. Ross”
G. ROSS
MEMBER
“S. Bobka”
S. BOBKA
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.