Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: October 6, 2025

CASE NO.: OLT-25-000193, OLT-24-000746

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

Applicant and Appellant: 6980848 Canada Corporation Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit a zoning by-law amendment to the subject lands to facilitate the development of 71 residential lots. Reference Number: D02-02-24-0052 Property Address: 1600 Stagecoach Road Municipality/UT: Ottawa OLT Case No.: OLT-25-000193 OLT Lead Case No.: OLT-25-000193 OLT Case Name: 6980848 Canada Corporation v. Ottawa (City)

PROCEEDING COMMENCED UNDER subsection 51(39) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: 6980848 Canada Corporation Subject: Proposed Plan of Subdivision - Refusal by Approval Authority Description: To permit a plan of subdivision consisting of 71 residential lots. Reference Number: D07-16-24-0001 Property Address: 1600 Stagecoach Road Municipality/UT: Ottawa OLT Case No.: OLT-24-000746 OLT Lead Case No.: OLT-25-000193

BEFORE: F. LAVOIE MEMBER Monday, the 6th day of October, 2025

THE TRIBUNAL ORDERS that further to the Decision issued on July 28, 2025 and Amending Order issued on September 3, 2025, 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 March 3rd, 2026. The Tribunal has set aside 9 days for the hearing.

“Matthew D.J. Bryan” MATTHEW D.J. BRYAN 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”

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 Tuesday, March 3, 2026 at 10:00 a.m. at https://global.gotomeeting.com/join/519389173.

3. The parties’ initial estimation for the length of the hearing is 9 days concluding on Friday, March 13, 2026. 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 Attachment 4 for the meaning of these terms).

5. The issues are set out in the Issues List attached as Attachment 2. With the exception of the removal or scoping of issues as may be agreed upon between the parties, 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.

8. 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

9. The City shall provide the Applicant with the City’s proposed conditions of draft plan approval that it is seeking to have the Tribunal impose, on or before Monday, September 22, 2025.

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 Tuesday, October 14, 2025 and in accordance with paragraph 24 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. A party who intends to challenge the qualification of an expert witness in the identified area of expertise shall notify the other parties of this challenge on or before Monday, November 3, 2025.

11. In the event a Party files a list of witnesses that does not include a witness with the technical expertise to address such Party’s related issues, a Party may make a written request to the Tribunal to strike those issues from the Issues List set out in Attachment 2.

12. Expert witnesses in the same field shall have a meeting on or before Thursday, November 13, 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 Monday, November 24, 2025.

13. 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 must be provided as in paragraph 15 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.

14. 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 15 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 15 below.

15. On or before Monday, December 15, 2025, the parties shall provide copies of their witness and expert witness statements to the other parties and to the OLT case co-ordinator, in accordance with paragraph 24 below.

16. On or before Monday, December 15, 2025, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 24 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

17. On or before Monday, February 2, 2026, parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence, in accordance with paragraph 24 below.

18. On or before Wednesday, February 11, 2026, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

19. On or before Wednesday, February 11, 2026, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 24 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

20. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before Wednesday, February 11, 2026.

21. 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.

22. 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.

23. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before Wednesday, February 11, 2026 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.

24. All filings shall be submitted electronically. 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.

25. 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.

Summary of Dates

Date	Event
Monday, September 22, 2025	Final proposed Draft Plan Conditions to Applicant
Tuesday, October 14, 2025	Witness Lists and CVs
Thursday, November 13, 2025	Expert Witness Meetings
Monday, November 24, 2025	Statement of Agreed Facts and Issues
Monday, December 15, 2025	Witness Statements and Participant Statements
Monday, February 2, 2026	Reply Witness Statements
Wednesday, February 11, 2026	Advise Tribunal if all hearing days are required
Wednesday, February 11, 2026	Visual Evidence
Wednesday, February 11, 2026	Joint Document Book
Wednesday, February 11, 2026	Draft Hearing Plan
Tuesday, March 3, 2026	Hearing commences
Friday, March 13, 2026	Hearing ends

ATTACHMENT 1 – LIST OF PARTIES / PARTICIPANTS

Parties

1. 6980848 Canada Corporation Davies Howe LLP The Tenth Floor 425 Adelaide Street West, 10th Floor Toronto, Ontario M5V 3C1 Kyle Gossen / Grace O’Brien Tel: 416-263-4519 / 416-263-4507 Email: kyleg@davieshowe.com / graceo@davieshowe.com

2. City of Ottawa Legal Services 110 Laurier Avenue West Ottawa, Ontario K2P 2L7 Timothy Marc Tel: 613-580-2424 x 21444 Email: timothy.marc@ottawa.ca

ATTACHMENT 2 – ISSUES LIST

Note: The identification of an issue on the Issues List is not an acknowledgement by the Tribunal or any party that the issue is relevant or appropriate, or that the Tribunal has jurisdiction over it. The identification of an issue by a party indicates that party’s intent to tender evidence and/or make submissions on it, for the purpose of fairly identifying to the other parties the case they need to meet.

1. Are the proposed draft plan conditions reasonable and otherwise appropriate?

2. Is there a legal and sufficient outlet for the proposed plan of subdivision? If not, is draft approval and approval of zoning premature until such is addressed?

3. From a hydrogeological and terrain analysis (and with respect to item a. also from a geotechnical) perspective, do the proposed plan of subdivision, phasing plan, draft plan conditions and zoning appropriately consider and address: a. Characterization of overburden soils (additional Grain Size Analysis recommended); b. Cumulative Impact Assessment; c. Infiltration Area to support the Septic System Impact Assessment; d. Infiltration Factors to support the Septic System Impact Assessment; and e. Background nitrates?

4. Are the proposed plan of subdivision and zoning consistent with the Provincial Planning Statement, specifically, policies: 2.2.1.c); 2.3.1 2.a), b) and 6; 2.5.1 d); 2.5.3; 2.9 1 b); 3.1.1, 3.1.3; 3.6 1.c), d) and f), 4, 7., 8.b), c), d), e), f) and g); 4.1.2.; 4.2 1.a), b), c), d) and e), 2. and 3.; 5.1 1.; 6.2 1.a), c), d), e) and f)?

5. Do the proposed plan of subdivision and zoning have regard to matters of provincial interest, specifically, under subsections 2 a, e, f, h, I, o of the Planning Act?

6. Do the proposed plan of subdivision and zoning conform to the Official Plan of the City of Ottawa, specifically, policies: a. Volume 1 i. Section 2 2.2.3 6); 2.2.4 3) c); ii. Section 4.7.2 5), 8), 9), 15), 16), 18), 19); 4.9.1 1); 4.9.2; 4.9.3 1), 3), 4), 6) b), c), 9), 10); 4.9.4 1), 2) c); 4.9.5 10); iii. Section 5.5.1 2) e); iv. Section 9.4.1; v. Section 10.1.4; vi. Annex 8B; b. Official Plan Volume 2B, Secondary Plan for the Village of Greely, specifically, policies 1.1 3.; 2.1 1), 3); 3.2 12), 4 1).

7. Do the proposed plan of subdivision and proposed draft plan conditions have appropriate regard to the criteria in the Planning Act, specifically, subsection 51(24) a, b, d, f, g and h?

ATTACHMENT 3 – ORDER OF EVIDENCE

1. 6980848 Canada Corporation
2. City of Ottawa
3. Reply of 6980848 Canada Corporation (if any)

ATTACHMENT 4 – MEANING OF TERMS

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.

Additional Information

A summons may compel the appearance of a person before the Tribunal who has not agreed to appear as a witness. A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons through a request. (See Rule 13 on the summons procedure.) The request should indicate how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the information provided in the request that the evidence is relevant, necessary or admissible, the party requesting the summons may provide a further request with more detail or bring a motion in accordance with the Rules.

The order of examination of witnesses is usually direct examination, cross-examination and re-examination in the following way:

• direct examination by the party presenting the witness;
• direct examination by any party of similar interest, in the manner determined by the Tribunal;
• cross-examination by parties of opposite interest;
• re-examination by the party presenting the witness; or
• another order of examination mutually agreed among the parties or directed by the Tribunal.