6324223 Canada Inc. et. al v. New Tecumseth (Town), 2024 CanLII 77583

ISSUE DATE: August 07, 2024

CASE NO(S).: OLT-21-001535

PROCEEDING COMMENCED UNDER section 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Appellant: 6324223 Ontario Inc

Appellant: Don Jerry, Terry Breedon & Paul Reid

Subject: Zoning By-law Amendment

Description: To permit implementation of comprehensive By-law No. 2021-128

Reference Number: BL 2021-128

Property Address: Town Wide

Municipality/UT: New Tecumseth/Simcoe

OLT Case No: OLT-21-001535

OLT Lead Case No: OLT-21-001535

OLT Case Name: 6324223 Canada Inc. et. al v. New Tecumseth (Town)

Heard: July 24, 2024 by Video Hearing

APPEARANCES:

Parties

Counsel

6324223 Canada Inc.

J. Piersanti

Town of New Tecumseth

J. Feehely

S. Arora (in absentia)

MEMORANDUM OF ORAL DECISION DELIVERED BY G.A CROSER ON JULY 24 2024

INTRODUCTION

1This Case Management Conference (“CMC”) was scheduled to set a date for a Hearing on the Merits of the appeal by 6324223 Canada Inc. against the Town of New Tecumseth Comprehensive Zoning By-law No. 2021-128, brought pursuant to s.34(19) of the Planning Act.

2The Parties informed the Tribunal that since the last CMC held on January 12, 2024, the Parties had remained in communication and mediation discussions were ongoing. The Parties are aware of the availability of Tribunal-led mediation and are aware of how to reach out to this resource if it would be beneficial in reaching a resolution.

3The Parties requested that a one-day Merit Hearing be scheduled in February 2025. This will provide the Parties with ample time to reach an agreement on the remaining issues. If an agreement is reached, then the Merit Hearing can be converted to a hearing of the proposed settlement, or the Parties may wish to proceed by way of a written settlement. The Parties are instructed to contact the Case Coordinator if a settlement is reached in advance of the Hearing date.

HEARING INFORMATION

4The Merit Hearing is scheduled to proceed by video on Thursday, February 13, 2025 at 10:00 a.m.

5Parties are asked to log into the Video Hearing at least 15 minutes before the start of the event to test their video and audio connections:

GoTo Meeting: https://global.gotomeeting.com/join/687587165

Access Code: 687-587-165

6Parties 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 GoTo Meeting or a web application is available: https://app.gotomeeting.com/home.html

7Persons 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.

8Individuals 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.

9No further notice is required.

10The Tribunal Member is not seized.

“G.A. Croser”

G.A. CROSER

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.