Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 26, 2024
CASE NO(S).: OLT-24-000486
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: 2869614 Ontario lnc.
Applicant: 2869614 Ontario lnc.
Subject: Proposed Official Plan Amendment
Description: To permit the incorporation of new Secondary Plan policies and corresponding land use and transportation schedules for the Howard Industrial Park District into the Town of Amherstburg’s Official Plan.
Reference Number: County File No. 37-OP-2023-014 and Amherstburg File No. OPA-24
Property Address: Lands between County Road 8 and North Sideroad and County Road 9 and Concession Road 8
Municipality: Amherstburg
OLT Case No.: OLT-24-000486
OLT Lead Case No.: OLT-24-000486
OLT Case Name: 2869614 Ontario Inc. v. Amherstburg (Town)
Heard: July 17, 2024 by video hearing (“VH”)
APPEARANCES:
Parties
Counsel
2869614 Ontario Inc. (Appellant)
Ed Hooker
Town of Amherstburg
Analee Baroudi
County of Essex
David Sundin James Hiebert
MEMORANDUM OF ORAL DECISION DELIVERED BY K.R. ANDREWS ON July 17, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) respecting an appeal by 2869614 Ontario Inc. The Appellant has appealed the passing of Official Plan Amendment 24 (“OPA 24”). The purported purpose of OPA 24 is to incorporate new Secondary Plan policies and corresponding land use and transportation schedules for the Howard Industrial Park District, into the Town of Amherstburg’s Official Plan. The lands affected by this amendment are located between North Townline Road (County Road 8) and North Side Road, and between Howard Avenue (County Road 9) and Concession Road 8.
Service of Notice of CMC
2There is no issue with service of the Notice of this CMC, and so no further notice is required. The Tribunal is in receipt of the Affidavit of Service, which is marked as Exhibit 1.
Requests for Status
3No one sought either Party or Participant status at the CMC. However, Bonnie Remple attended the CMC and indicated that she may have an interest in the matter, and may further seek some sort of status after she is better informed about the nature of OPA 24 and the related appeal. Given that the Tribunal will be conducting a second CMC for this matter (see details below), it was decided that her status (if any) will be considered at the next CMC.
MEDIATION AND SETTLEMENT
4The Tribunal explored the possibility of mediation and settlement with the Parties. The Parties both expressed openness to resolution discussions, but they are not in a position to speculate about prospects until their experts meet and discuss the matter. Consequently, the Tribunal expects an update at the next CMC.
PROCEDURAL ORDER AND ISSUES LIST
5The Tribunal received and reviewed a draft Procedural Order from the Parties. However, the Parties also indicated that there is at least one omission from the Issues List that was provided, and these issues may possibly be scoped further following a meeting of the Parties’ experts. As a result, the Tribunal finds that it would be prudent to revisit the contents of a draft Procedural Order at the next CMC.
SECOND CMC AND HEARING
6The Parties jointly requested a date be set for a subsequent CMC. As a CMC, they propose that the date be used to deal with any outstanding status requests, and to finalize a draft Procedural Order (the Tribunal expects that a draft Procedural Order will be filed in advance of the next CMC).
7Additionally, the Town informed the Tribunal that it may seek to have those parts of OPA 24 that are not under appeal, be ordered to be in full force and effect (these specific policies will be confirmed to the Tribunal in advance of the next CMC). Finally, if the Parties happen to resolve the appeal before the next CMC, the Parties propose that the CMC be converted into a Settlement Hearing.
8The Tribunal finds the above plan to be acceptable, and agrees to set a date for a second CMC, commencing on Wednesday, September 25, 2024 at 10 a.m. by VH. No further Notice is required.
9Additionally, upon request of the Parties, the Tribunal set a three-day Hearing commencing on Tuesday, January 28, 2025, at 10 a.m. by VH. If the matter settles, these dates shall be vacated. No further Notice is required for the Hearing.
10The CMC and Hearing are scheduled to proceed by video as follows:
September 25, 2024 at 10 a.m. (one-day CMC) GoTo Meeting: https://global.gotomeeting.com/join/344779885 Access code: 344-779-885 Audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889 Audio-only access code: 344-779-885
January 28, 2025 at 10 a.m. (3-day Hearing) GoTo Meeting: https://global.gotomeeting.com/join/638422541 Access code: 638-422-541 Audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889 Audio-only access code: 638-422-541
11Parties are asked to access and set up the application well in advance of the event to avoid unnecessary delay, and log into the video hearing no later than 15 minutes before the start of the event to test their video and audio connections. 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.
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 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
14THE TRIBUNAL ORDERS that the date and particulars of the second Case Management Conference and a Hearing of the merits are set out above.
15The Member is not seized but may be spoken to through the Case Coordinator if any issues arise.
“K.R. Andrews”
K.R. ANDREWS
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.