Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: October 01, 2024

CASE NO(S).: OLT-24-000402

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

Applicant and Appellant: ATC CAP Investments Limited

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

Description: To permit development of 14 residential units consisting of freehold townhouses

Reference Number: ZBA.21.01

Property Address: Part of Lot 15, Concession 3

Municipality/UT: East Gwillimbury/Yok

OLT Case No.: OLT-24-000402

OLT Lead Case No.: OLT-24-000402

OLT Case Name: ATC CAP Investments Limited v. East Gwillimbury (Town)

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

Applicant and Appellant: ATC CAP Investments Limited

Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision

Description: To permit development of 14 residential units consisting of freehold townhouses

Reference Number: 19T-20211

Property Address: Part of Lot 15, Concession 3

Municipality/UT: East Gwillimbury/York

OLT Case No.: OLT-24-000403

OLT Lead Case No.: OLT-24-000402

Heard: September 12, 2024 by Video Hearing

APPEARANCES:

Parties

Counsel

ATC CAP Investments Limited

Isaiah Banach Michael James Katarzyna Sliwa (in absentia)

Town of East Gwillimbury

Brendan Ruddick

MEMORANDUM OF ORAL DECISION DELIVERED BY A. Mason ON September 12, 2024 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This first Case Management Conference (“CMC”) was held concerning appeals pursuant to s. 34(11) and 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended, in respect of the failure of the Town of East Gwillimbury to make a decision within the required time frame on applications for Zoning By-Law Amendment and Draft Plan of Subdivision (together “Applications”) for the property located at Part of Lot 15, Concessions 3 in East Gwillimbury.

2The Applications were filed by ATC CAP Investments Limited and would facilitate the development of 14 residential units consisting of freehold townhouses.

NOTICE

3An Affidavit of Service, sworn on August 14, 2024, attesting to the giving of notice for this proceeding, was marked as Exhibit 1.

PROCEDURAL ORDER AND ISSUES LIST

4In advance of the CMC, the Tribunal received a draft Procedural Order and Issues List (“PO/IL”) jointly from the Parties for consideration. The Tribunal directed that a final PO/IL be provided to the Case Coordinator by Friday, September 20, 2024. Prior to issuing this Decision, the final PO/IL was received, approved, and is attached as Schedule 1 to this Decision and shall govern the proceedings.

OPPORTUNITIES FOR SETTLEMENT

5The Parties advised the Tribunal that they are engaged in discussion and information exchanges with a view to scope or resolve issues in advance of a future Hearing of the Merits.

HEARING DATES

6In consideration of the IL, the Parties jointly requested a seven-day Hearing of the Merits. The Tribunal scheduled the Hearing event to commence on Tuesday, April 22, 2025, at 10 a.m. and end on Wednesday, April 30, 2025, by Video Hearing.

7Parties are asked to log into the Video Hearing at least 15 minutes before the start of the event to test their video and audio connections:

GoToMeeting: https://meet.goto.com/278736685

Access Code: 278-736-685

8Parties 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

9Persons 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) 1-888-455-1389 or +1 (647) 497-9391. The Access Code is as indicated above.

10Individuals 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 Hearing 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.

TELEPHONE CONFERENCE CALL

11As the Parties are actively engaged in discussions to resolve some or all of the issues, the Tribunal scheduled a telephone conference call (“TCC”) on Monday, January 13, 2025, at 9 a.m., as set out below. At the TCC, the Tribunal expects the Parties to provide a status report on the resolution of issues and any related reduction to the number of days required for the Hearing of the Merits.

12Individual(s) are directed to call 416-212-8012 or (Toll Free) 1-866-633-0848 on the assigned date at the correct time. When prompted, enter the code 4779874 to be connected to the call. It is the responsibility of the person(s) participating in the call to ensure that they are properly connected to the call and at the correct time. Questions prior to the call may be directed to the Tribunal’s Case Coordinator having carriage of this case.

ORDER

13The Tribunal’s directions set out above are so ordered.

14No further notice will be given.

15This Member is not seized but may be spoken to for case management purposes.

“A. Mason”

A. MASON

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.

SCHEDULE 1