Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
September 04, 2024
CASE NO(S).:
OLT-24-000366
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant
Huntingwood Trails (Collingwood) Ltd.
Subject:
Request to amend the Official Plan – Refusal of request
Description:
To permit a 69-unit residential development
Reference Number:
D0840223
Property Address:
5 Silver Creek Drive
Municipality/UT:
Collingwood/Simcoe
OLT Case No:
OLT-24-000366
OLT Lead Case No:
OLT-24-000366
OLT Case Name:
Huntingwood Trails (Collingwood) Ltd. v. Collingwood (Town)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Subject:
Application to amend the Zoning By-law – Refusal of application
Reference Number:
D0840223
Property Address:
5 Silver Creek Drive
Municipality/UT:
Collingwood/Simcoe
OLT Case No:
OLT-24-000367
OLT Lead Case No:
OLT-24-000366
OLT Case Name:
Huntingwood Trails (Collingwood) Ltd. v. Collingwood (Town)
PROCEEDING COMMENCED UNDER section 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Subject:
Proposed Plan of Subdivision – Refusal of application by Approval Authority
Reference Number:
D1201223
Property Address:
5 Silver Creek Drive
Municipality/UT:
Collingwood/Simcoe
OLT Case No:
OLT-24-000368
OLT Lead Case No:
OLT-24-000366
OLT Case Name:
Huntingwood Trails (Collingwood) Ltd. v. Collingwood (Town)
Heard:
August 28, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel
Huntingwood Trails (Collingwood) Ltd.
Kyle Gossen Susan Rosenthal
Town of Collingwood
Steven O’Melia
County of Simcoe
Will Thomson
MEMORANDUM OF ORAL decision DELIVERED BY T.F. NG on AUGUST 28, 2024 and order of the tribunal
INTRODUCTION
1This is the first Case Management Conference (“CMC”) for the above-noted matter. Huntingwood Trails (Collingwood) Ltd. (“Applicant”) has filed appeals against the Town of Collingwood’s (“Town”) refusal of applications pursuant to s. 22(7), s. 34(11), and s.51(34) of the Planning Act. The land is known municipally as 5 Silver Creek Drive in the Town (“Subject Land”).
2The applications under appeal are to permit the development of a 69-unit residential development on the Subject Land.
3The Affidavit of Service on file was marked as Exhibit A.
PARTICIPANT/PARTY REQUESTS
4One Participant status request was received, and since the requestor did not appear, the request was not granted. This is without prejudice to a request being made at the next CMC. The Tribunal granted Party status to the County of Simcoe upon consent of the Parties.
DRAFT PROCEDURAL ORDER
5The Applicant’s Counsel, Kyle Gossen, explained the background of the matter and informed the Tribunal that although Parties have not filed the draft Procedural Order (“PO”) or the Issues List (“IL”), he requested that a six-week hearing be scheduled. In his estimation, the Applicant will have five or six witnesses, as will the Town. The County asserted that it may have four witnesses. In the interim, Mr.Gossen said that the Parties will work on the IL and the PO. Will Thomson, counsel for the County, did not object to a hearing being scheduled.
6The Town’s counsel, Steven O’Melia, was not aversed to a hearing being fixed. Still, it must be far enough in 2025 to enable Parties to resolve matters and other threshold issues, one of which was the Ministry of Transportation Ontario’s proposed Collingwood bypass that may affect the proposed development. Further, the Town may need to file a Motion to hear the matter in phases.
7The Tribunal finds that there are too many indeterminate matters that are in a state of flux. Fixing a six-week hearing at this time is not appropriate. A CMC will be scheduled instead for the Parties to update the Tribunal on the status of the appeals, finalization of the PO, and the hearing of any Motion that the Parties may bring.
8The Tribunal will schedule a second CMC for the Parties to the appeals.
MEDIATION
9The Parties were open to mediation, but currently, counsels have no instructions to initiate the process.
DISPOSITION
10The Tribunal will schedule a CMC for Parties to update the Tribunal on the status of the appeals and to finalize the PO. The CMC will be a Motion hearing date in the event that the Parties file a Motion for the Tribunal’s determination.
11The Tribunal directs that the draft PO with the attached IL be filed with the Case Coordinator by Tuesday, September 10, 2024.
CASE MANAGEMENT CONFERENCE
12The second CMC is scheduled to proceed by video on Tuesday, November 19, 2024, at 10 a.m.
13Parties and Participants are asked to log in to 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
14Parties and Participants 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.
15Persons 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.
16Individuals 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 Video Hearing to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing events may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
17The Tribunal Orders that:
a. Party status is granted to the County of Simcoe;
b. The second Case Management Conference will commence at 10 a.m. by video on Tuesday, November 19, 2024, which may be converted to a Motion hearing date;
c. The Procedural Order and Issues List are to be filed by Tuesday, September 10, 2024;
d. Any Motion filed to be in accordance with the Tribunal’s Rules of Practice and Procedure; and
e. The Tribunal may be spoken to in the event of any issue arising from this Order.
18There is no further notice and the Member is not seized.
“T.F. Ng”
T.F. NG
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.