Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: September 12, 2024 CASE NO.: OLT-24-000210

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

Applicant and Appellant: Perthmore Enterprises Inc. Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit a 94 unit residential subdivision consisting of single detached dwellings, semi-detached dwellings, and a 3 1/2 storey residential building. Reference Number: D14-PE-12-20 Property Address: Part Southwest Half and Part Northeast Half Lot 3, Concession 2, Geographic Township of Drummond, being Part 1 on 27R-7125 and Part 1 on 27R-8420 except PL88, 27M-3, 27M-14, 27M-16, 27M-21, 27M-55 and Parts 3, 4 on 27R-7540, Town of Perth, County of Lanark Municipality/UT: Perth/Lanark OLT Case No.: OLT-24-000210 OLT Lead Case No.: OLT-24-000210 OLT Case Name: Perthmore Enterprises Inc. v. Perth (Town)

PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Perthmore Enterprises Inc. Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision Description: To permit a 94 unit residential subdivision consisting of single detached dwellings, semi-detached dwellings, and a 3 1/2 storey residential building. Reference Number: 09-T-21001 Property Address: Part Southwest Half and Part Northeast Half Lot 3, Concession 2, Geographic Township of Drummond, being Part 1 on 27R-7125 and Part 1 on 27R-8420 except PL88, 27M-3, 27M-14, 27M-16, 27M-21, 27M-55 and Parts 3, 4 on 27R-7540, now in the Town of Perth, County of Lanark Municipality/UT: Perth/Lanark OLT Case No.: OLT-24-000211 OLT Lead Case No.: OLT-24-000210 OLT Case Name: Perthmore Enterprises Inc. v. Lanark (County)

BEFORE: M.A. SILLS VICE-CHAIR Thursday, the 12th day of September, 2024

THE TRIBUNAL ORDERS that further to the Decision issued on June 25th, 2024, the Procedural Order, as agreed to between the Parties and attached hereto as Schedule “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 November 4, 2024. The Tribunal has set aside five (5) days 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.

PROCEDURAL ORDER FOR OLT-24-000210

CASE NO(S).: OLT-24-000210 RELATED CASE NO(S).: OLT-24-000211

PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant/Appellant: Perthmore Enterprises Inc. Subject: Appeal to the Ontario Land Tribunal Description: Plan of Subdivision Approval Application – Failure of Approval Authority to Make a Decision Reference Number: D14-PE-12-20 – 09-T-21001 Property Address: Town wide Municipality/Approval Authority: Perth, Perth OLT Case No.: OLT-24-000210 OLT Lead Case No.: OLT-24-000210 OLT Case Name: Perthmore Enterprises Inc. v. Perth

PROCEEDING COMMENCED UNDER subsection 34(11.0.0.0.1) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant/Appellant: Perthmore Enterprises Inc. Subject: Appeal to the Ontario Land Tribunal Description: Zoning By-law Amendment Application – Failure of Approval Authority to Make a Decision Reference Number: D14-PE-12-20 – 09-T-21001 Property Address: Town wide Municipality/Approval Authority: Perth, Perth OLT Case No.: OLT-24-000211 OLT Lead Case No.: OLT-24-000210 OLT Case Name: Perthmore Enterprises Inc. v. Perth

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 November 4th, 2024 at 10:00 a.m.

3. The hearing has been set down for 3 days and will end on November 6th. The hearing will commence at 10:00 am each day, unless varied by the Tribunal. 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 Appendix 1.

5. The issues are set out in the Issues List attached as Appendix 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. Notwithstanding the foregoing, the Issues List may be amended on the consent of the parties to remove Issues that are resolved or no longer relevant.

6. The order of evidence shall be as set out in Appendix 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. The meaning of the terms used in this Procedural Order are set out in Appendix 4.

8. 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.

9. 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

10. 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 September 6th, 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.

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 14 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 14 below.

13. On or before September 25th, 2024, the Parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator.

14. On or before, October 2nd, 2024 the parties shall provide copies of their expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 22 below.

15. On or before October 2nd, 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.

16. On or before October 4th, 2024 the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

17. Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence on or before October 18th, 2024.

18. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before October 25, 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 on or before October 25, 2024 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 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.

24. A summary of the various procedural dates is contained in Appendix 5.

This Member is [not] seized.

So orders the Tribunal.

APPENDIX 1

PARTIES & PARTICIPANTS

The Parties to these proceedings are:

(1) Perthmore Enterprises Inc.

(2) Town of Perth

(3) County of Lanark

Participants are:

(1) Dana Tulk

(2) Doug and Michele Bender

APPENDIX 2

ISSUES LIST

(1) Does the proposed ingress and egress to the subdivision conform to the principles of good transportation planning?

(2) Does the proposed ingress and egress to the subdivision create unacceptable traffic impacts on adjacent streets?

(3) Does the proposed draft plan of subdivision have appropriate regard for the matters and criteria to be addressed pursuant to section 51 (24) of the Planning Act.

(4) What conditions of draft plan approval should be applied in accordance with section 51(25) of the Planning Act.

(5) Does the proposed zoning by-law amendment represent appropriate development of the Subject Property and good land use planning.

APPENDIX 3

ORDER OF EVIDENCE

(1) Perthmore Enterprises Inc.

(2) Town of Perth

(3) County of Lanark

(4) Perthmore Enterprises Inc. in Reply.

APPENDIX 4

Meaning of terms used in the Procedural Order

A party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other parties, and making submissions on all of the evidence. An unincorporated group cannot be a party and it must appoint one person to speak for it, and that person must accept the other responsibilities of a party as set out in the Order. Parties do not have to be represented by a lawyer and may have an agent speak for them. The agent must have written authorisation from the party.

NOTE that a person who wishes to become a party before or at the hearing, and who did not request this at the case management conference (CMC), must ask the Tribunal to permit this.

A participant is an individual or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a party may do so). Section 17 of the Ontario Land Tribunal Act states that a person who is not a party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A participant may also be asked questions by the parties should the Tribunal direct a participant to attend a hearing to answer questions on the content of their written submission.

A participant must be identified and be accorded participant status by the Tribunal at the CMC. A participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A participant cannot ask for costs, or review of a decision, as a participant does not have the rights of a party to make such requests of the Tribunal.

Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party or participant intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.

Visual evidence includes photographs, maps, videos, models, and overlays which a party or participant intends to present as evidence at the hearing.

A witness statement is a short written outline of the person’s background, experience and interest in the matter; a list of the issues which he or she will discuss ; and a list of reports or materials that the witness will rely on at the hearing.

An expert witness statement should include his or her (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness’ opinions on those issues and the complete reasons supporting their opinions and conclusions and (5) a list of reports or materials that the witness will rely on at the hearing. An expert witness statement must be accompanied by an acknowledgement of expert’s duty.

A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a statement of the participant’s position on the appeal; a list of the issues which the participant wishes to address and the submissions of the participant on those issues; and a list of reports or materials, if any, which the participant wishes to refer to in their statement.

APPENDIX 5

SUMMARY OF DATES

DATE EVENT

September 9th, 2024 Parties to file witness lists

September 25th, 2024 Parties to file agreed statement of facts.

October 2nd, 2024 Parties to provide copies of all expert and other witness statements.

October 2nd, 2024 Participants to file participant statements.

October 4th, 2024 Parties to confirm with the Tribunal if all reserved hearing dates still required.

October 18th, 2024 Parties to file reply evidence.

November 4th, 2024 Hearing Commences.