Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 20, 2024
CASE NO(S).: OLT-24-000417
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: DICO Developments Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit a residential apartment building
Reference Number: PLOP-ZB-2022-144
Property Address: 40 Cayuga Street
Municipality/UT: Caledonia/Haldimand
OLT Case No.: OLT-24-000417
OLT Lead Case No.: OLT-24-000417
OLT Case Name: DICO Developments Inc. v. Haldimand (County)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: DICO Developments Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a residential apartment building
Reference Number: PLOP-ZB-2022-144
Property Address: 40 Cayuga Street
Municipality/UT: Caledonia/Haldimand
OLT Case No.: OLT-24-000418
OLT Lead Case No.: OLT-24-000417
Heard: August 8, 2024, by Video Hearing
APPEARANCES:
Parties
DICO Developments Inc.
Counsel
M. de Jong J. Meader (in absentia)
Parties
County of Haldimand
Counsel
P. Maloney S. Premi (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY P. TOMILIN ON AUGUST 8, 2024 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”) in the matter of an Appeal by DICO Developments Inc. (“Applicant” / “Appellant”) arising from the failure of the County of Haldimand (“County”) to make a decision on the Official Plan Amendment (“OPA”) and Zoning By-law Amendment (“ZBA”), (“Applications”), pursuant to s. 22(7) and 34(11) of the Planning Act (“Act”), for the property located at 40 Cayuga Street (“site”).
2The purpose of the Applications is to facilitate the construction of a residential apartment building.
3The Tribunal marked the Affidavit of Service of Victoria Peacock, dated July 10, 2024, as Exhibit 1.
PARTICIPANT STATUS REQUESTS
4The following individuals requested and were granted Participant status on consent:
- David Montgomery
- Jay and Kate Snell
MEDIATION
5The Tribunal reminded the Parties that if they are interested in Tribunal-led mediation, to reach out to the assigned Case Coordinator.
DRAFT PROCEDURAL ORDER, ISSUES LIST AND HEARING
6Prior to the CMC, the Tribunal received a draft Procedural Order (“PO”) that did not contain an Issues List (“IL”). Mr. de Jong informed the Tribunal that they are working to finalize the IL. The Tribunal requested the Parties to submit a draft PO and IL on or before August 16, 2024.
7The Parties requested the Tribunal to schedule a five-day Hearing in 2025.
8A five-day Hearing is scheduled to commence on Monday, May 26, 2025 at 10 a.m. until Friday, May 31, 2025, by Video Hearing.
GoTo Meeting: https://global.gotomeeting.com/join/914098901
Access code: 914-098-901
9Parties and observers 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.
10Persons 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: +1 (647) 497-9373 or (Toll-Free). 1-888-299-1889. The access code is the same as the access code noted above.
11Individuals 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 CMC 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.
12The Tribunal is now in receipt of the completed DPO. The Tribunal has reviewed and now approves the PO appended as Schedule 1 to this Decision.
ORDER
13The Tribunal directives above are so ordered.
14This Member is not seized.
15There will be no further notice.
“P. Tomilin”
p. tomilin
MEMBER
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.
ISSUE DATE: August 20, 2024
CASE NO(S).: OLT-24-000417
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: DICO Developments Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit a residential apartment building
Reference Number: PLOP-ZB-2022-144
Property Address: 40 Cayuga Street
Municipality/UT: Haldimand County
OLT Case No.: OLT-24-000417
OLT Lead Case No.: OLT-24-000417
OLT Case Name: DICO Developments Inc. v. Haldimand (County)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: DICO Developments Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a residential apartment building
Reference Number: PLOP-ZB-2022-144
Property Address: 40 Cayuga Street
Municipality/UT: Haldimand County
OLT Case No.: OLT-24-000418
OLT Lead Case No.: OLT-24-000417
DRAFT 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 May 26, 2025 at 10:00 a.m. at
https://global.gotomeeting.com/join/914098901
access code: 914-098-901
The parties’ initial estimation for the length of the hearing is five (5) 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.
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 January 24, 2025 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 February 25, 2025 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 a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before April 25, 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 March 28, 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 March 28, 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 April 25, 2025, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
On or before 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 on or before April 25, 2025 after the evidence is received 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 May 9, 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 May 19, 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.
A summary of the various filing dates is contained in Attachment 4.
This Member is [not] seized.
So orders the Tribunal.
BEFORE:
Name of Member:
Date:
TRIBUNAL REGISTRAR
ATTACHMENT 1
PARTIES & PARTICIPANTS
Parties:
- DICO Developments Inc.
c/o TMA Law 25 Main Street West, Suite 2010 Hamilton, ON L8P 1H1
Jennifer Meader Tel: 905.529.3476 Email: jmeader@tmalaw.ca
Mark de Jong Tel: 905.529.3476 Email: mdejong@tmalaw.ca
- Haldimand County
c/o Sullivan Mahoney LLP 40 Quen Street, P.O. Box 1360 St. Catharines, Ontario L2R 6Z2
Patrick Maloney Tel: 905-688-6655 Email: pmaloney@sullivanmahoney.com
Sara J. Premi Tel: 905-688-6655 Email: sjpremi@sullivanmahoney.com
Participants:
- David Montgomery
Tel: 905-818-9976 Email: revdavidmontgomery@gmail.com
- Kate Snell
Tel: 905-869-6109 Email: katesnell@gmail.com
- Jay Snell
Tel: 647-284-3495 Email: snellstock69er@gmail.com
ATTACHMENT 2
ISSUES LIST
NOTE: The identification of an issue on the Issues List does not constitute an acknowledgement by the Tribunal or any party that the issue is either relevant or appropriate. The identification of an issue on this list by a party indicates that party’s intent to lead evidence or argue that the issue is relevant to the proceeding, for the purpose of fairly identifying to the other parties the case they need to meet, but shall not preclude any other party from calling evidence on the issue. No party shall advance an issue not identified on the Issues List at the hearing without leave of the Tribunal.
- Does the planning application have appropriate regard for matters of provincial interest set out in Section 2 of the Planning Act, as amended?
- Is the planning application consistent with the Provincial Policy Statement, 2020, considering the following policies:
- 1.1.1
- 1.1.3.1, 1.1.3.2, 1.1.3.3, 1.1.3.4 and 1.1.3.5
- 1.4.3
- 4.6
- Does the planning application conform to the Growth Plan for the Greater Golden Horseshoe, 2020 as amended, considering the following policies:
- 1.2.1
- 2.2.1.2, 2.2.1.3 and 2.2.1.4
- 2.2.2.1b and 2.2.2.3
- 2.2.6.1 and 2.2.6.3
- Does the planning application conform to the Haldimand County Official Plan, considering the following policies: i. 4. B. 8. ii. 4.B.2) 5. iii. 4.B.2) 6. iv. 4.B.2) 11.
- Does the planning application represent good land use planning?
- Is the proposed development compatible with the surrounding area, taking into consideration density, the overall height and massing of the proposed building, landscaping, and overall impact on the adjacent neighbourhood?
ATTACHMENT 3
ORDER OF EVIDENCE
- DICO Developments Inc.
- Haldimand County
- DICO Developments Inc. (Reply)
ATTACHMENT 4
SUMMARY OF PROCEDURAL DATES
| EVENT | DATE |
|---|---|
| List of Witnesses | January 24, 2025 |
| Expert Witness Meetings | February 25, 2025 |
| Witness and Expert Witness Statements | March 28, 2025 |
| Participant Statement | March 28, 2025 |
| Reply Witness Statement | April 25, 2025 |
| Agreed Statement of Facts & Remaining Issues | April 25, 2025 |
| Confirm with Tribunal if all reserved hearing dates are still required | April 25, 2025 |
| Visual Evidence | May 9, 2025 |
| Joint Document Book | May 9, 2025 |
| Hearing Plan | May 19, 2025 |
| OLT Hearing Commences | May 26, 2025 |