Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 04, 2024
CASE NO(S).: OLT-23-001073
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant
1571145 Ontario Limited
Appellant
2817053 Ontario Limited
Appellant
Auburn Developments Inc.
Appellant
Paisley Hill Ltd.
and others
Subject:
Proposed Official Plan Amendment
Description:
Update to the Middlesex Centre Official Plan
Reference Number:
OPA 59
Property Address:
Municipality-wide
Municipality/UT:
Middlesex Centre/Middlesex
OLT Case No:
OLT-23-001073
OLT Lead Case No:
OLT-23-001073
OLT Case Name:
Auburn Developments Inc. v. Middlesex (County)
Heard:
June 6, 2024, by Video Hearing
APPEARANCES:
Parties
Counsel
1571145 Ontario Limited
Analee Baroudi
2817053 Ontario Limited
Analee Baroudi
Auburn Developments Inc.
Analee Baroudi
Tridon Properties Ltd.
Analee Baroudi
Paisley Hill Ltd.
Analee Baroudi
Sifton Properties Limited
Peter Van Loan
Matthew Helfand
South Winds Development Co. Inc.
Kim Mullin
County of Middlesex
Wayne Meagher
Municipality of Middlesex Centre
Paula Lombardi
Farhi Holdings Corporation and Farhi Farming Corporation
Chantal deSereville
Denise Baker (in absentia)
Cirrus Developments Limited and 1564326 Ontario Ltd.
Eric Davis
1000730334 Ontario Inc. Limited and 832928 Ontario Limited
Amy Dale
Watermark Komoka 2021 Inc.
Jonathan Cheng
Patrick Duffy (in absentia)
Comgord Limited
Grant Inglis
MEMORANDUM OF ORAL DECISION DELIVERED BY G. ROSS and Gregory j. INGRAM ON june 6, 2024, AND ORDER OF THE TRIBUNAL
INTRODUCTION AND UPDATE
1This Decision and Order arises from the third Case Management Conference (“CMC”) regarding the Appeals filed by 1571145 Ontario Limited, 2817053 Ontario Limited, Auburn Developments Inc.,Tridon Properties Ltd., Paisley Hill Ltd., Sifton Properties Limited, and South Winds Development Co. Inc., (“Appellants”) and Non-Appellant Parties Watermark Komoka 2021 Inc., Comgord Limited, Farhi Holdings Corporation, Farhi Farming Corporation, Cirrus Developments Limited, 1564326 Ontario Ltd., and 832928 Ontario Limited. pursuant to s.17(36) of the Planning Act, R.S.O. 1990, c. P.13, (“Act”) in relation to the adoption of Official Plan Amendment No. 59 (“OPA 59”) by Council to the Municipality of Middlesex. pursuant to s.17(36) of the Act, in relation to the adoption of OPA 59 by Council to the Municipality of Middlesex.
2At a previous CMC the Tribunal granted Party status to Comgord Limited and directed the Parties to file a draft finalized Procedural Order (“PO”), in advance of this CMC. The Tribunal determined it was premature to schedule the requested hearings without an agreed upon PO. The Non-Appellant Parties were also directed to advise the Tribunal, under which issues each will shelter and to do so in advance of this third CMC. The Parties suggested that it was appropriate that two hearings be scheduled given the nature of the issues to be resolved. The submissions suggested that a 15-day hearing be scheduled to address broad issues and then another ten days be scheduled for the remaining issues that are more local in nature.
3The Municipality provided an update on their intention to bring a motion regarding the uncontested components of OPA 59. They intend to seek submissions from the Parties regarding this matter and include them with a written motion to the Tribunal for a ruling in the near future. The Municipality anticipates consent from the Parties related to this motion.
4The Tribunal received a draft PO on consent of all Parties prior to this CMC which also confirmed which issues the Non-Appellant Parties would shelter under. A Final Draft was submitted following the CMC on consent of the Parties which was reviewed and approved by the Tribunal and is attached as Schedule 1.
MEDIATION
5The Tribunal made the Parties aware of Tribunal-led mediation and each indicated interest. Following the CMC, the Tribunal received confirmation that the Parties will participate in Tribunal led mediation and proposed the following available dates for a two-to-three day mediation from November 5 -8, 12 and 25, 2024 or January 16 and 17, 2025. The Case Co-ordinator will reach out to Tribunal Mediation for scheduling and advise the Parties.
HEARING PLANNING
6The Tribunal heard submissions related to hearing dates, number of witnesses, the timing, and required number of days for a hearing. The majority indicated 15 days as a minimum required for phase one issues and agreed that a number of issues may be resolved between the Parties outside of the formal process. It was generally agreed that a second hearing date should not be set until the first hearing is completed and a Decision issued. Given the large number of Parties, determining dates was difficult and it was suggested that scheduling ten days with a subsequent five days, would help to resolve the number of conflicts.
7Counsel for South Winds Development indicated that the number of days set aside for this matter are inadequate if there remain questions regarding his client’s lands in relation to OPA 59.
8The Tribunal determined that a 14-day hearing be scheduled to commence by video on Monday, June 16, 2025 at 10 a.m. The Tribunal will not be sitting on Tuesday, July 1, 2025. A second five-day hearing is scheduled to commence by video on Monday, October 6, 2025 at 10 a.m.
9The Parties are also directed to provide a written update to the Tribunal on or before Friday, January 24, 2025, in preparation for a CMC scheduled to commence at 9 a.m. on January 30, 2025. The Tribunal will determine if the CMC is still required following the receipt of written submissions.
10The hearings may be accessed as outlined below:
Thursday, January 30, 2025
GoToMeeting: https://global.gotomeeting.com/join/656004293
Access Code: 656-004-293
Monday, June 16, 2025
GoToMeeting: https://global.gotomeeting.com/join/656004293
Access Code: 656-004-293
Monday, October 06, 2025
GoToMeeting: https://global.gotomeeting.com/join/656004293
Access Code: 656-004-293
12Parties 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
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.
14Individuals 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
15THE TRIBUNAL ORDERS THAT:
A 14 day and five-day hearing will commence as per the details set out in paragraphs [10] above and;
The Procedural Order, attached as Schedule 1 to this Order, is approved and shall govern the future steps in this proceeding.
“G. Ross”
G. Ross
membeR
“Gregory J. Ingram”
Gregory j. INGRAM
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.
SCHEDULE 1
CASE NO(S).:
OLT-23-001073
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant
1571145 Ontario Limited
Appellant
2817053 Ontario Limited
Appellant
Auburn Developments Inc.
Appellant
Paisley Hill Ltd.
and others
Subject:
Proposed Official Plan Amendment
Description:
Update to the Middlesex Centre Official Plan
Reference Number:
OPA 59
Property Address:
Municipality-wide
Municipality/UT:
Middlesex Centre/Middlesex
OLT Case No:
OLT-23-001073
OLT Lead Case No:
OLT-23-001073
OLT Case Name:
Auburn Developments Inc. v. Middlesex (County)
PROCEDURAL ORDER
- The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties’ request or its own motion.
Organization of the Hearing
The video hearing will begin on Monday, June 16, 2025 starting at 10:00 a.m. to Monday, July 14, 2025 with the Tribunal not sitting on July 1, 2025, for a period of 20 days and if necessary a further 5 days scheduled to start on Monday, October 6, 2025 to Friday, October 10, 2025, if required, being a total of 25 days scheduled for Phase 1 of the hearing with Phase 2 of the hearing to be scheduled at a later date.
The parties’ initial estimation for the length of the hearing is twenty-five (25) 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 set out in Attachment 1 (see Attachment 4 for the meaning of these terms).
The issues are set out in the Issues List attached as Attachment 2. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.
The order of evidence 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 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 Monday, October 28, 2024 and in accordance with paragraph 22 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.
Expert witnesses in the same field shall have a meeting on or before Monday, February 10, 2025and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties must prepare and file an updated Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before Monday, March 10, 2025.
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 Friday, April 4, 2025, the parties shall provide copies of their witness and expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 22 below.
On or before Friday, April 4, 2025, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 22 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 Monday, April 14, 2025, the parties shall confirm with the Tribunal if all of the reserved hearing dates are still required.
On or before Monday, May 9, 2025, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 22 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.
Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence by Monday, May 2, 2025 and in accordance with paragraph 22 below.
The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before Friday, May 16, 2025.
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.
The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before Monday, June 9, 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.
All filings shall be submitted electronically and 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.
SUMMARY OF DATES
DATE
EVENT
Monday, October 28, 2024
Exchange of witness lists (names, disciplines and order to be called)
Monday, February 10, 2025
Experts meeting prior to this date
Monday, March 10, 2025
Agreed Statement of Facts
Friday, April 4, 2025
Exchange of Witness Statements, summoned witness outlines, and Expert Reports
Monday, April 14, 2025
Confirmation of Hearing Dates Required
Monday, May 2, 2025
Exchange of Reply Statements
Monday, May 9, 2025
Exchange of Visual Evidence (if any)
Friday, May 16, 2025
Finalize Joint Document Book
Monday, June 9, 2025
Final Hearing Plan filed with the Tribunal
Monday, June 16, 2025
Hearing commences
ATTACHMENT 1
List of Parties
PARTY
COUNSEL
A.
County of Middlesex Approval Authority
Middlesex County Barristers & Solicitor’s Office (MCBSO)
399 Ridout Street North London, ON N6A 2P1
Wayne Meagher Email: wmeagher@middlesex.ca
Tel: 519.434.7321 ext. 2283
B.
Municipality of Middlesex Centre
Siskinds LLP
275 Dundas Street, Unit 1
London, ON N6B 3L1
Paula Lombardi
Email: paula.lombardi@siskinds.com
Tel: 519.660.7878
1571145 Ontario Limited (Appeal 1)
Baroudi Law Professional Corporation
Analee Baroudi Email: analee@baroudilaw.ca
Tel: 519.438.3776
Tridon Properties Ltd.
(Appeal 2)
Auburn Developments Inc.
(Appeal 3)
Paisley Hill Ltd. (Appeal 4)
2817053 Ontario Limited (Appeal 5)
South Winds Development Co. Inc. (Appeal 6)
Wood Bull LLP 65 Queen Street West, Suite 1400
Toronto, ON M5H 2M5
Kim Mullin
Email: kmullin@woodbull.ca
Tel: 416.203.7160
Sifton Properties Limited (Appeal 8)
Aird Berlis LLP Brookfield Place 181 Bay Street, Suite 1800
Toronto, ON M5J 2T9
Peter Van Loan
Email: pvanloan@airdberlis.com
Tel: 416.865.3418
Matthew Helfand
Email: mhelfand@airdberlis.com
Tel: 416.865.4624
Farhi Holdings Corporation and Farhi Farming Corporation
(Non-Appellant Party)
WeirFoulds LLP 1320 Cornwall Road, Suite 201
Oakville, ON L6J 7W5
Denis Baker
Email: dbaker@weirfoulds.com
Tel: 416.947.5090
Chantal deServille
Email: cdesereville@weirfoulds.com
Tel: 416.941.5901
Cirrus Developments Limited
(Non-Appellant Party)
SmithValeriote Law Firm LLP
245 Hanlon Creek Boulevard Unit 102 Guelph, ON N1C 0A14
Eric Davis
Email: edavis@svlaw.ca
Tel: 519 837 2100
1564326 Ontario Ltd.
(Non-Appellant Party)
832928 Ontario Limited
(Non-Appellant Party)
Harrison Pensa 468-470 Talbot Street St. Thomas, ON N5P 1C2
Amy Dale Email: adale@harrisonpensa.com
Tel: 519.661.6700
1000730334 Ontario Inc. Limited
(Non-Appellant Party)
Watermark Komoka 2021 Inc.
(Non-Appellant Party)
Stikeman Elliott LLP
Barristers & Solicitors 5300 Commerce Court West 199 Bay Street Toronto, ON M5L 1B9
Patrick Duffy
Email: pduffy@stikeman.com
Tel: 416.869.5257
Jonathan Cheng
Email: jcheng@stikeman.com
Tel: 416.869.6807
Comgord Limited
Scott Petrie LLP
Law Firm
200-252 Pall Mall Street
London, ON N6A 5P6
Grant Inglis
Email: ginglis@scottpetrie.com
Tel: 519.433.5310 ext. 242
John Goudy Email: jgoudy@scottpetrie.com Tel: 519.433.5310 ext. 236
ATTACHMENT 2 ISSUES LIST
No.
Issue[1]
Parties[2]
Phase 1 – 15 Days
Settlement Area Issues
Does OPA 59 plan for an appropriate supply of residential land:
(a) Did OPA 59 identify sufficient and appropriate areas for settlement area expansion in accordance with 1.1.3.8 of the Provincial Policy Statement, 2020?
(b) Has the appropriate population and employment forecast for Middlesex Centre been determined pursuant to policy 2.3.3 of the Middlesex County Official Plan based on up-to-date population projections?
(c) Does OPA 59 provide for sufficient land designated for residential development to meet the market-based need by housing type within the settlement area boundary?
Paisley Hill Ltd.
Tridon Properties Ltd.
Auburn Developments Inc.
Sifton Properties Limited
South Winds Development Co. Inc. – Limited to SPA 29
11571145 Ontario Limited
Comgord Limited*
Farhi Holdings Corporation and Farhi Farming Corporation*
Watermark Komoka 2021 Inc.*
Cirrus Developments Limited*
1564326 Ontario Ltd.*
Did OPA 59 identify all the appropriate areas for expansion pursuant to policy 1.1.3.8 of the Provincial Policy Statement, 2020? and,
(a) If further settlement area boundary expansion is warranted, what is the appropriate location of such expansion?
(b) What is the most appropriate location for settlement area expansion to ensure that infrastructure and public service facilities are planned or available and financially efficient and viable?
Paisley Hill Ltd.
Tridon Properties Ltd.
Auburn Developments Inc.
Sifton Properties Limited
South Winds Development Co. Inc. – Limited to SPA 29
11571145 Ontario Limited
Comgord Limited*
Farhi Holdings Corporation and Farhi Farming Corporation*
Watermark Komoka 2021 Inc.*
Cirrus Developments Limited*
1564326 Ontario Ltd.*
Is it appropriate to include additional lands within the settlement areas including but not limited to the following:
Part Lots 26 and 27, Concession 11, Ilderton – Ilderton Urban Settlement Area (Paisley Hill Ltd.)?
(a) Is it feasible to service these lands and should they be designated for residential uses?
9749 and 9757 Glendon Drive – Komoka-Kilworth Settlement Area? (Tridon Properties Ltd.)
(a) Will the inclusion of these lands optimize the extension of servicing planned on Glendon Drive?
(b) If these lands are included in the Komoka-Kilworth Settlement Area how should the environmental features be considered?
(c) Is it appropriate to include the lands outside of the “Natural Environment” and “Natural Enhancement Area” in the “Settlement Commercial” area?
14494 Medway Drive, Arva Settlement Area (Auburn Developments Inc.)
(a) Is it appropriate to designate these lands for future development uses on Schedule A-1 to the Official Plan to prioritize these lands for development?
Paisley Hill Ltd. (Ilderton)
Tridon Properties Limited (Komoka Kilworth)
Auburn Developments Inc. (Arva Settlement)
Sifton Properties Limited
Comgord Limited*
Farhi Holdings Corporation and Farhi Farming Corporation*
Watermark Komoka 2021 Inc.*
Cirrus Developments Limited*
1564326 Ontario Ltd. *
Is there a sufficient supply of employment lands in the Municipality, and specifically in the Ilderton Settlement Area, and Komoka Kilworth Settlement Area over the 25 year planning horizon?
Paisley Hill Ltd. (Ilderton)
Tridon Properties Limited (Komoka Kilworth)
Sifton Properties Limited
Farhi Holdings Corporation and Farhi Farming Corporation*
Watermark Komoka 2021 Inc.*
Cirrus Developments Limited*
1564326 Ontario Ltd. *
Is a redesignation of the lands located 13161 Ilderton Road (Sifton Properties Limited) from Settlement Employment to a designation which permits non-employment uses, consistent with the PPS, 2020?
Paisley Hill Ltd. (Ilderton)
Tridon Properties Limited (Komoka Kilworth)
Sifton Properties Limited
Farhi Holdings Corporation and Farhi Farming Corporation*
Watermark Komoka 2021 Inc.*
Cirrus Developments Limited*
1564326 Ontario Ltd. *
Are the lands currently designated for commercial purposes within the Komoka-Kilworth Settlement area appropriate for such commercial uses? If not, what is the appropriate alternative designation?
Tridon Properties Limited
Farhi Holdings Corporation and Farhi Farming Corporation*
Cirrus Developments Limited*
1564326 Ontario Ltd.*
Watermark Komoka 2021 Inc.*
Are the following sections, policies, schedules of OPA 59 (i) consistent with the PPS 2020, (ii) do they conform with the County Official Plan, and (iii) do they represent good land use planning:
(a) Section 5.1 (Settlement Area Policies);
(b) Section 5.1.5 (Adjustments to Settlement Area Boundaries)
(c) Section 5.2 (Settlement Area Expansion Requests);
(d) Section 5.3 (Residential Areas)
i. 5.3.2 (Permitted Uses)
ii. 5.3.3 (Policies for Multiple Dwellings in Residential Areas)
(e) Section 5.7 (Protection of Employment Lands);
(f) Section 5.8 (Komoka-Kilworth Secondary Plan);
i. 5.8.4 (Komoka-Kilworth Residential Area Policies);
A. 5.8.4 (a);
(g) Section 11.0, including SPA #29; and
(h) Schedules A (Land Use Plan), Schedule A-1 (Arva), A-4 (Bryanston Hamlet Area) A-5 (Delaware), A-7 (Ilderton), A-8 (Kilworth) A-9 (Komoka), A-11 (Melrose Hamlet Area), A-12 (Popular Hill/Coldstream Hamlet Area)
Sifton Properties Limited
Paisley Hill Ltd. (Ilderton)
Auburn Developments Inc. (Arva Settlement)
11571145 Ontario Limited
South Winds Development Co. Inc.
1000730334 Ontario Inc. Limited issue 7(h): ): Schedules A (Land Use Plan), A-4 (Bryanston Hamlet Area) A-5 (Delaware), A-7 (Ilderton), A-8 (Kilworth) A-9 (Komoka), A-11 (Melrose Hamlet Area), A-12 (Popular Hill/Coldstream Hamlet Area)*
Farhi Holdings Corporation and Farhi Farming Corporation*
Watermark Komoka 2021 Inc.*
Cirrus Developments Limited*
1564326 Ontario Ltd.*
Comgord Limited*
Special Policy Area 29
Is Special Policy Area 29: good land use planning and appropriate policy? Is it consistent with the PPS, 2020 and does it conform with the County Official Plan?
South Winds Development Co. Inc
Sifton Properties Limited
Farhi Holdings Corporation and Farhi Farming Corporation*
Watermark Komoka 2021 Inc.*
Cirrus Developments Limited*
1564326 Ontario Ltd. *
Does the inclusion of the lands municipally identified as 22372 Komoka Road (New Bigging Lands) in Special Policy Area 29 have regard for the provincial interest, and is it consistent with the PPS, 2020, specifically policies 1.1., 1.1.3., 1.1.3.8.?
South Winds Development Co. Inc
Sifton Properties Limited
Farhi Holdings Corporation and Farhi Farming Corporation*
Watermark Komoka 2021 Inc.*
Does Section 156 and Schedules A‐8 and A‐9 of OPA 59 appropriately consider the context of the surrounding area when considering the expansion of Komoka‐Kilworth Urban Settlement Area boundaries? In particular, does OPA 59 have regard for Section 2.3.6, subsections (a‐h) of the County Official Plan?
South Winds Development Co. Inc
Sifton Properties Limited
Farhi Holdings Corporation and Farhi Farming Corporation*
Watermark Komoka 2021 Inc.*
Cirrus Developments Limited*
1564326 Ontario Ltd. *
PHASE 2 – 10 Days
Natural Environment / Environmental Features
A.
Is it appropriate to expand the “Natural Environment Area” designation in Schedule A-8 on the lands identified as 10627 Glendon Drive based on the information available?
Is it appropriate to remove the “Natural Environment Area” in its entirety from the 10627 Glendon Drive lands?
If the “Natural Environment Area” is justified and the “Natural Environment Area” not removed from the 10627 Glendon Drive lands is it appropriate for the text of OPA 59 to modified to include the following provisions:
(a) To allow for the removal of the natural heritage features on the 10627 Glendon Drive lands;
(b) Provide for tree preservation on the 10627 Glendon Drive lands; and
(c) Allow for refinements to the mapped feature boundaries based on the results of environmental studies.
2817053 Ontario Limited
Approval of OPA 59
B.
Is County Council’s decision to approve OPA 59 consistent with the PPS, 2020 as it relates to the Auburn Developments Inc. property located at 14494 Medway Drive specifically policies 1.1.3.8, and 1.1.2?
Auburn Properties Inc.
Comgord Limited*
1564326 Ontario Ltd.*
Site Development and Public Interest – South Winds Development Co. Inc. Lands
C.
Do sections 69, 72, 89 and Schedules A‐8 and A‐9 of OPA 59 have regard for matters of provincial interest, in particular Section 2 subsections (j), (q) and (r) of the Planning Act as they relate to the South Winds Development Co. Inc. lands?
South Winds Development Co. Inc.
Farhi Holdings Corporation and Farhi Farming Corporation*
D.
Are Sections 69, 72, 89 and Schedules A‐8 and A‐9 of OPA 59 consistent with Sections 1.1, 1.1.3, 1.1.4, 1.1.5 and 1.4 of the Provincial Policy Statement (2020) as they relate to the South Winds Development Co. Inc. lands?
South Winds Development Co. Inc.
Farhi Holdings Corporation and Farhi Farming Corporation*
E.
Do Sections 69, 72, 89 and Schedules A‐8 and A‐9 of OPA 59, give appropriate effect to Sections, 2.3.3, 2.3.5, 2.3.7, 2.3.7.1, 2.3.7.2, 2.3.7.3, 2.3.8, 2.3.8.1 and 2.3.8.2 of the County Official Plan (Approved by the Province on July 7, 2023)?
South Winds Development Co. Inc.
Farhi Holdings Corporation and Farhi Farming Corporation*
Watermark Komoka 2021 Inc.*
F.
Do Sections 72, 69, and 89 of OPA 59 contain clear, accurate, and sufficient direction that would help guide the development of land within the Komoka‐Kilworth settlement area? Specifically, does OPA 59 clearly provide:
(a) Differentiation between Gross Density and Net Density
(b) Height Permissions and Requirements for the “Residential” land use designation
South Winds Development Co. Inc.
Sifton Properties Limited
Farhi Holdings Corporation and Farhi Farming Corporation*
G.
Does the existing land use designation on the South Winds lands, as illustrated on Schedule A‐8 of OPA 59, represent an appropriate density distribution and optimize the development potential for the South Winds lands?
South Winds Development Co. Inc.
Farhi Holdings Corporation and Farhi Farming Corporation*
H.
Do sections 69, 72, 89 and Schedules A‐8 and A‐9 of OPA 59 represent good planning and appropriately serve the public interest?
South Winds Development Co. Inc.
Farhi Holdings Corporation and Farhi Farming Corporation*
Watermark Komoka 2021 Inc.*
Specific Policies – Sifton Properties Limited
I.
Are the following sections, policies, schedules of OPA 59 (i) consistent with the PPS, 2020, (ii) do they conform with the County Official Plan, and (iii) do they represent good land use planning:
(a) Section 6.3 (Design Policies – Site Plans and Infill Developments);
i. Section 6.3(f);
(b) Section 6.4 (Design Policies – Streetscapes and Public or Semi-Public Realm);
i. Section 6.4(b);
(c) Section 10.3.2 (Severances Within Agricultural Areas);
i. Section 10.3.2.1(f);
(d) Section 10.6 (Land Use Compatibility);
(e) Section 10.17 (Secondary Plans); and
(f) Schedules B (Greenlands System), and C (Natural Hazard Lands).
Sifton Properties Limited
Farhi Holdings Corporation and Farhi Farming Corporation*
1564326 Ontario Ltd. *
ATTACHMENT 3
Order of Evidence
Overview of Official Plan Update by Middlesex Centre – factual planning evidence only, no opinion evidence or factual evidence in dispute
Discipline-by-Discipline Format (subject to refinement in final hearing plan):
(a) Settlement Areas
(b) Site Specific Matters
General Order of Evidence (subject to refinement in final hearing plan):
(a) Appellant(s)
(b) Non-Appellant Parties as applicable
(c) Middlesex Centre
(d) County
(e) Appellant(s) in Reply
ATTACHMENT 4
Attachment to Sample Procedural Order
Meaning of terms used in the Procedural Order:
A party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other parties, and making submissions on all of the evidence. An unincorporated group cannot be a party and it must appoint one person to speak for it, and that person must accept the other responsibilities of a party as set out in the Order. Parties do not have to be represented by a lawyer and may have an agent speak for them. The agent must have written authorisation from the party.
NOTE that a person who wishes to become a party before or at the hearing, and who did not request this at the case management conference (CMC), must ask the Tribunal to permit this.
A participant is an individual or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a party may do so). Section 17 of the Ontario Land Tribunal Act states that a person who is not a party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A participant may also be asked questions by the parties should the Tribunal direct a participant to attend a hearing to answer questions on the content of their written submission.
A participant must be identified and be accorded participant status by the Tribunal at the CMC. A participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A participant cannot ask for costs, or review of a decision, as a participant does not have the rights of a party to make such requests of the Tribunal.
Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party or participant intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.
Visual evidence includes photographs, maps, videos, models, and overlays which a party or participant intends to present as evidence at the hearing.
A witness statement is a short written outline of the person’s background, experience and interest in the matter; a list of the issues which he or she will discuss; and a list of reports or materials that the witness will rely on at the hearing.
An expert witness statement should include his or her (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness’ opinions on those issues and the complete reasons supporting their opinions and conclusions and (5) a list of reports or materials that the witness will rely on at the hearing. An expert witness statement must be accompanied by an acknowledgement of expert’s duty.
A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a statement of the participant’s position on the appeal; a list of the issues which the participant wishes to address and the submissions of the participant on those issues; and a list of reports or materials, if any, which the participant wishes to refer to in their statement.
Additional Information
A summons may compel the appearance of a person before the Tribunal who has not agreed to appear as a witness. A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons through a request. (See Rule 13 on the summons procedure.) The request should indicate how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the information provided in the request that the evidence is relevant, necessary or admissible, the party requesting the summons may provide a further request with more detail or bring a motion in accordance with the Rules.
The order of examination of witnesses is usually direct examination, cross-examination and re-examination in the following way:
direct examination by the party presenting the witness;
direct examination by any party of similar interest, in the manner determined by the Tribunal;
cross-examination by parties of opposite interest;
re-examination by the party presenting the witness; or
another order of examination mutually agreed among the parties or directed by the Tribunal.
1The identification of an issue does not mean that all parties agree that such issue, or the manner in which the issue is expressed, is appropriate or relevant to the determination of the Tribunal at the hearing. The extent to which these issues are appropriate or relevant to the determination of the Tribunal at the hearing will be a matter of evidence and argument at the hearing.
2Note that the parties identified with an asterisk (*) are non-appellant Parties and sheltering under the appeal of others.