Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: July 08, 2024

CASE NO(S).: OLT-24-000252

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Medal Homes Inc.
Subject: Request to amend the Official Plan – Refusal of application
Description: To permit development of 45 three-storey freehold residential units on 6 blocks
Reference Number: OPA-2023-04
Property Address: 65 St. John’s Sideroad E
Municipality/UT: Aurora
OLT Case No.: OLT-24-000252
OLT Lead Case No.: OLT-24-000252
OLT Case Name: Medal Homes Inc. v. Aurora (Town)

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Medal Homes Inc.
Subject: Application to amend the Zoning By-law – Refusal of application
Description: To permit development of 45 three-storey freehold residential units on 6 blocks
Reference Number: ZBA-2023-04
Property Address: 65 St. John’s Sideroad E
Municipality/UT: Aurora
OLT Case No.: OLT-24-000253
OLT Lead Case No.: OLT-24-000252

PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Medal Homes Inc.
Subject: Site Plan – refusal
Description: To permit development of 45 three-storey freehold residential units on 6 blocks
Reference Number: SP-2023-13
Property Address: 65 St. John’s Sideroad E
Municipality/UT: Aurora
OLT Case No.: OLT-24-000254
OLT Lead Case No.: OLT-24-000252

Heard: June 27, 2024 by Video Hearing

APPEARANCES:

Parties	Counsel
Medal Homes Inc.	Paul DeMelo
Town of Aurora	Patricia De Sario

MEMORANDUM OF ORAL DECISION DELIVERED BY T.F. NG ON JUNE 27, 2024 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This is the first Case Management Conference (“CMC”) for the above-noted matter. Medal Homes Inc. (“Applicant”) has filed appeals against the Town of Aurora’s (“Town”) refusal of applications pursuant to s. 22(7), s. 34(11), and s.41(12) of the Planning Act. The subject land is known municipally as 65 St. John’s Sideroad East, in the Town.

2The applications under appeal are to permit the development of 45, three-storey freehold residential units on six blocks.

3The Affidavit of Service on file was marked as Exhibit A.

PARTICIPANT REQUESTS

4There were three Participant status requests received. The Tribunal granted Participant status to the Lake Simcoe Region Conservation Authority, McKenzie Marsh Ratepayers Association, and Melanie Duckett-Wilson upon consent of the Parties.

DRAFT PROCEDURAL ORDER

5The Applicant’s Counsel, Paul DeMelo, informed the Tribunal that Parties have not filed the draft Procedural Order (“PO”), and requested another CMC to be scheduled.

6The Tribunal will schedule a second CMC for the Parties to further scope the issues for the appeals.

MEDIATION

7The Parties stated that they were open to mediation. Nevertheless, they were currently scoping issues in the interim period to the next CMC.

DISPOSITION

8The Tribunal will schedule a CMC for Parties to update the Tribunal on the status of the appeals, and to finalize the PO.

9The Tribunal directs that the draft PO with the attached Issues List to be filed with the Case Coordinator by Tuesday, August 6, 2024.

CASE MANAGEMENT CONFERENCE

10The second CMC is scheduled to proceed by video on Tuesday, August 20, 2024, at 10 a.m.

11Parties and Participants are asked to log in to the Video Hearing at least 15 minutes before the start of the even to test their video and audio connections:

GoTo Meeting: https://global.gotomeeting.com/join/519389173

Access Code: 519-389-173

12Parties 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.

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 Video Hearing to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing events may be directed to the Tribunal’s Case Coordinator having carriage of this case.

ORDER

15The Tribunal Orders that:

a. Participant status is granted to the Lake Simcoe Region Conservation Authority, the McKenzie Marsh Ratepayers Association, and Melanie Duckett-Wilson;

b. The second Case Management Conference will commence at 10 a.m. by video on Tuesday, August 20, 2024; and

c. The Procedural Order and Issues List are to be filed by Tuesday, August 6, 2024.

16There is no further notice and the Member is not seized.

“T.F. Ng”

T.F. NG
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.