Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: August 13, 2024

CASE NO.: OLT-24-000395

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

Applicant and Appellant: Centre West Management Ltd.

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description: To permit the development of 10 townhomes

Reference Number: Z1-23

Property Address: 4 Bank Street

Municipality/UT: Essa/Simcoe

OLT Case No.: OLT-24-000395

OLT Lead Case No.: OLT-24-000395

OLT Case Name: Centre West Management Ltd. v. Essa (Township)

BEFORE:

MICHAEL MENEZES MEMBER

Tuesday, the 13th day of August, 2024

THE TRIBUNAL ORDERS that further to the Decision issued on July 30, 2024 the Procedural Order, as agreed to between the Parties and attached hereto as Attachment “A”, shall be in force and effect for the purpose of governing the required procedures leading up to and including the hearing, which is scheduled to commence on January 13, 2025. The Tribunal has set aside 2 day(s) for the hearing.

“Euken Lui”

EUKEN LUI ACTING REGISTRAR

Ontario Land Tribunal Website: 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.

ATTACHMENT “A”

PROCEDURAL ORDER

1. 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

2. The video hearing will begin on Monday, January 13, 2025 at 10:00 a.m. and is scheduled for a total of two (2) days.

3. The parties’ initial estimation for the length of the hearing is two (2) 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.

4. The parties and participants identified at the case management conference are set out in Attachment 1.

5. 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.

6. 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.

7. 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.

8. 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

9. 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 October 14, 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.

10. Expert witnesses in the same field shall have a meeting on or before November 8, 2024 and 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 November 22, 2024.

11. 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.

12. 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.

13. On or before Friday, November 29, 2024, 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.

14. On or before Friday, November 29, 2024, 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.

15. On or before Friday, December 6, 2024, the parties shall confirm with the Tribunal if all of the reserved hearing dates are still required.

16. On or before January 7, 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.

17. Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence by Monday, December 16, 2024 and in accordance with paragraph 22 below.

18. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before Friday, December 20, 2024.

19. 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.

20. 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.

21. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before Monday, January 6, 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.

22. 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.

23. 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.

ATTACHMENT 1

List of Appellants/Parties/Participants

APPELLANT

1. Appellant – Centre West Management Limited: 1953 Gill Road Midhurst, Ontario, L9X 0K8 rothp@sympatico.ca

Legal Counsel for the Appellant: Devry Smith Frank LLP Lawyers and Mediators Toronto, ON M3C 3E9 David S. White, Q.C. Tel : 416.446.3330 david.white@devrylaw.ca

PARTIES

1. Approval Authority – Township of Essa 5786 Simcoe County Road #21 Utopia, Essa Township, Ontario, L0M 1T0

Legal Counsel for the Municipality: Siskinds LLP 275 Dundas Street, Unit 1 London, ON N6B 3L1 Paula Lombardi 519-660.7878 paula.lombardi@siskinds.com

PARTICIPANTS

Melissa Millerson Jessica Salituri Lawrence Hou Tony Bucci

ATTACHMENT 2

Issues List

Notes: The identification of an issue does not mean that all parties agree to such issue, or the manner in which the issue is phrased, is appropriate or is relevant to the determination of the Tribunal at the hearing. The extent to which the issues are appropriate, within the jurisdiction of the OLT, or relevant to the determination of the hearing will be a matter of evidence and argument at the hearing.

Planning Act

1. Does the proposed zoning by-law amendment have regard for matters of provincial interest including, but not limited to Section 2 and Section 2.1(1) and (2) of the Planning Act?

Provincial Policy Statement, 2020

2. Is the Proposed Development including the zoning by-law amendment consistent with the Provincial Policy Statement, 2020, pursuant to section 3 of the Planning Act, including but not limited to 1.1.1 (healthy, livable and safe communities), 1.1.3.3. (appropriate locations for growth), 1.1.3.4 (appropriate development standards), 1.1.3.5 (settlement areas), 1.2.1 (coordination), 1.4 (housing), 1.6 (infrastructure and public service facilities), 3.1.1, 3.1.2 (Natural Hazards) and 4.6 (implementation and interpretation)?

Growth Plan

3. Does the proposed development including the Zoning By-law Amendment conform with the Growth Plan for the Greater Golden Horseshoe, 2020, including but not limited to 2.2.1 (managing growth) and 2.2.6 (housing)?

Township of Essa Official Plan

4. Does the Proposed Development including its Zoning By-law Amendment conform with the following policies of the Township of Essa Official Plan including policies 8.3.2 Multiple Density Residential, 9 Residential – Future, 24 Transportation Policies, 21 Environmental, and 25 Servicing Policies?

5. Is the Proposed Development appropriate in terms of compatibility with the existing areas and in terms of avoiding negative impacts on that natural environment?

6. Does the Proposed Development provide adequate transportation and traffic management to accommodate the level of intensification and density being proposed?

7. Is the Proposed Development appropriate for the site and surrounding area from an emergency services response perspective?

8. Is there sufficient water / wastewater capacity available to accommodate the Proposed Development?

9. Does the Proposed Development appropriate address stormwater management issues?

10. Are the following studies required to determine whether the Proposed Development meets the development standards required by the Nottawasaga Valley Conservation Authority and Township of Essa including but not limited to a Hydrogeological Assessment; Geotechnical Study; Erosion Hazard Study; Traffic Impact Brief; Sediment Erosion Control Study; Stormwater Management Study; Functional Servicing Report; Residential Impact Study; Active Transportation Plan; Affordable Housing Study; Compatibility / Impact Study; Noise and Vibration Study; Odour, Dust or other Emissions Impact Study; and Illumination Plan?

11. Is there sufficient parking provided to accommodate the Proposed Development?

12. Does the internal road network for the Proposed Development meet the waste collection design standards required by the County of Simcoe?

13. Is a Holding provision required to be added to the proposed Zoning By-law Amendment with respect to any potential servicing capacity constraints including but not limited to any road constraints?

Township of Essa Zoning By-law

14. Does the Subject Land comply with the Residential, Medium Density, Townhome (R3) Zone requirements as set out in sections 11 and 17 of the Township of Esa Zoning By-law?

15. Is the prosed Zoning by-law Amendment from Residential – Future (R1) to Residential, Medium Density, Townhome (R3-XX) zone appropriate and does it represent good planning?

Municipal Engineering Standards

16. Is it appropriate for the municipality to impose engineering standards for the construction of a municipal road when a condominium development on a common element roadway is contemplated?

17. Are the Township’s current engineering standards appropriate for residential intensification/infill development projects?

ATTACHMENT 3: Order of Evidence

1. The Approval Authority, Township of Essa – Factual Overview Only
2. The Appellant / Applicant, Centre West Management Ltd.
3. The Approval Authority, Township of Essa The Appellant / Applicant, Centre West Management Ltd. - Reply Only