Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: August 30, 2024

CASE NO.: OLT-23-001001

PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Appellant: Landea Developments Inc.

Applicant: Township of Lucan Biddulph

Subject: Proposed Official Plan Amendment

Description: To expand the settlement area boundary of the Village of Lucan.

Reference Number: 39-LB-OPA10

Property Address: Part of Lot 29, Concession 5

Municipality/UT: Lucan Biddulph/Middlesex

OLT Case No: OLT-23-001001

OLT Lead Case No: OLT-23-001001

OLT Case Name: Landea Developments Inc. v. Middlesex (County)

BEFORE:

C. HARDY VICE-CHAIR

Friday, the 30th day of August, 2024

THIS MATTER having come before the Tribunal for a Case Management Conference, and the Tribunal in its Decision issued July 11, 2024;

AND THE TRIBUNAL having been advised on July 26, 2024 that the parties have resolved the draft Procedural Order and Issues list on consent;

THE TRIBUNAL ORDERS that the Procedural Order attached to this Order as Schedule “A” shall be in force and effect for the purposes of governing the procedures leading up to and including the hearing, which is scheduled to commence on Monday, January 20, 2025 at 10:00 AM for 4 days to proceed by video as follows:

Go To Meeting: https://global.gotomeeting.com/join/660145013

Access Code: 660-145-013

Audio-only telephone line: Toll Free 1-888-299-1889, or (647) 497-9373

Audio-only access code: 660-145-013

“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.

SCHEDULE “A”

ISSUE DATE: CASE NO(S).: OLT-23-001001

PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Appellant: Landea Developments Inc.

Applicant: Township of Lucan Biddulph

Subject: Proposed Official Plan Amendment

Description: To expand the settlement area boundary of the Village of Lucan.

Reference Number: 39-LB-OPA10

Property Address: Part of Lot 29, Concession 5

Municipality/UT: Lucan Biddulph/Middlesex

OLT Case No: OLT-23-001001

OLT Lead Case No: OLT-23-001001

OLT Case Name: Landea Developments Inc. v. Middlesex (County)

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 January 20, 2025 at 10:00 a.m.

3. The parties’ initial estimation for the length of the hearing is 4 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 (see the sample procedural order for the meaning of these terms).

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. 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

8. Any motion regarding the validity of the appeal should be heard by October 4, 2024.

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 25, 2024 and in accordance with paragraph 23 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 15, 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 a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before November 29, 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 14 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 December 6, 2024, the parties shall provide copies of their [witness and] expert witness statements to the other parties and the participant and to the OLT case co-ordinator and in accordance with paragraph 23 below.

14. On or before December 20, 2024, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 23 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 December 15, 2024 the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

16. On or before December 6, 2024, the parties shall provide copies of their visual evidence to all of the other parties and the participant 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 participant and the OLT case co-ordinator a written response to any written evidence on or before December 20, 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 January 10, 2025.

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 January 10, 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.

This Member is [not] seized.

So orders the Tribunal.

BEFORE:

Name of Member:

Date:

TRIBUNAL REGISTRAR

ATTACHMENT 1 – LIST OF PARTIES AND PARTICIPANTS

Parties

1. Landea Developments Inc. (Appellant)
2. Township of Lucan Biddulph
3. County of Middlesex
4. 2219260 Ontario Inc. o/a Gilrad Developments (Lucan)

Participant

1. Matthew Van Geel

ATTACHMENT 2 – ISSUES LIST

Subject Lands: Approximately 17.53 ha (43.4 acres) of land legally known as Part of Lot 29, Concession 5, in the Township of Lucan Biddulph in the County of Middlesex, owned by Landea Developments Inc.

1. Should Schedules A, C, and D to Official Plan Amendment No.10 (“OPA 10”) be modified to include the Subject Lands within the Village of Lucan Settlement Area boundary?

2. Do schedules A, C, and D to OPA 10 have regard for matters of Provincial Interest set out in Section 2 of the Planning Act, in particular subsections e), f), h), h.1), i), j), p), q), and r).

3. Would the addition of the Subject Lands to the Settlement Area boundary be consistent with subsections 1.1, 1.1.1 a), b), d), and g), 1.1.2, 1.1.3.2 a), and b), 1.1.3.6,1.1.3.8, 1.2, 1.4, 1.6, 1.6.1, 1.6.3, 1.6.6.1 d) and e), 1.6.6.2 and 2.3 of the Provincial Policy Statement 2020?

4. Do Schedules A, C and D to OPA 10 conform to subsections 2.2.2, 2.3.1, 2.3.2, 2.3.3, 2.3.5, 2.3.6, 2.3.7, 2.3.7.1, 2.3.7, 2.4.5, 3.2.1, 3.2.2, 3.2.3, 3.3.1, and 4.3 of the County of Middlesex Official Plan

5. Does OPA 10 represent good planning and is it in the public interest?

6. Is this appeal valid, given the recent amendments to the Planning Act resulting from Bill 185?

***The Parties acknowledge that approval of the new Provincial Planning Statement will impact the issues list and will update the issues list accordingly.

***Gilrad (Lucan) Development Inc, owner of the property legally known as Part Lot 27, Concession 5 and Part Lot 28, Concession 5, being PINS 09703-0002 and 09703-0340 and municipally known as 34190 and 34122 Saintsbury Line, Lucan, will shelter under issues 1 through 6 above.

***The inclusion of an issues list is not an admission by all of the parties that the issue is relevant or properly framed. Any dispute regarding the validity of an issue will be dealt with through a motion or the evidence.

ATTACHMENT 3 – ORDER OF EVIDENCE

1. Landea Developments Inc. (Appellant)
2. Township of Lucan Biddulph
3. County of Middlesex
4. 2219260 Ontario Inc. o/a Gilrad Developments (Lucan)