Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 14, 2025
CASE NO.: OLT-22-003971
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: V.B Sand & Gravel Ltd.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a proposed extraction operation
Reference Number: ACW Z07-21
Property Address: Concession 2 Eastern Division, Part Lots 14 and 15, RP 22R6090 Part 1 RP 22R6857 Parts 1 to 3
Municipality/UT: Ashfield-Colborne-Wawanosh/Huron
OLT Case No: OLT-22-003971
OLT Lead Case No: OLT-22-003971
OLT Case Name: V. B. Sand & Gravel Ltd. v. Ashfield-Colborne-Wawanosh (Township)
PROCEEDING COMMENCED UNDER subsection 11(5) of the Aggregate Resources Act, R.S.O. 1990, c. A.8.
Applicant V. B. Sand & Gravel Ltd.
Objector Alphonse Meloche
Objector Ann Silversides
Objector B. H Yael
Objector Chelsey Wheeler
Objector Donna and Bill Crawford
Objector Dorta Nierzwicka
Objector Dr. Erin Campos
Objector Elizabeth Garrett
Objector Elizabeth Van Den Broeck
Objector Eva Mackey
Objector Friends of Balls Bridges and Little Lakes Road
Objector Gina McDonnell and Bob Riehl
Objector Gord Garland
Objector James Roy
Objector James Wheeler
Objector Jennifer Morris
Objector Jenny Jeffrey
Objector Kathy Young
Objector Keara Campos
Objector L.M. Russell
Objector Marian and Mike Durst
Objector Mary Gregg
Objector HMK in right of Ontario as represented by the Ministry of Natural Resources
Objector Rebecca Garrett
Objector Richard Vernon
Objector Robert Campos
Objector Sally Vernon
Objector Scott Profit
Objector Stephen Campos
Objector Susan and David Glousher
Objector Wendy Hoernig
Objector William and Maxine Seers
Subject: Aggregates Resources Act referral of objection(s)
Description: Little Lakes Road Gravel Pit
Reference Number: 626525
Property Address: (Lots 14 and 15, Concession 2, Geographic Township of Colborne Township of Ashfield-Colborne-Wawanosh, County of Huron)
Municipality/UT: Ashfield-Colborne-Wawanosh/Huron
OLT Case No: OLT-22-003971
OLT Lead Case No: OLT-24-000987
OLT Case Name: V. B. Sand & Gravel Ltd. v. Ontario (Ministry of Natural Resources)
BEFORE: S. BOBKA MEMBER Friday, the 14th day of February, 2025 C. HARDY VICE-CHAIR
THE TRIBUNAL ORDERS that further to the Decision issued on November 28, 2024, 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 July 2, 2025 at 10:00 a.m. for 13 days.
“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-22-003971
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: V.B Sand & Gravel Ltd.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a proposed extraction operation
Reference Number: ACW Z07-21
Property Address: Concession 2 Eastern Division, Part Lots 14 and 15, RP 22R6090 Part 1 RP 22R6857 Parts 1 to 3
Municipality/UT: Ashfield-Colborne-Wawanosh/Huron
OLT Case No: OLT-22-003971
OLT Lead Case No: OLT-22-003971
OLT Case Name: V. B. Sand & Gravel Ltd. v. Ashfield-Colborne-Wawanosh (Township)
PROCEEDING COMMENCED UNDER subsection 11(5) of the Aggregate Resources Act, R.S.O. 1990, c. A.8.
Applicant V. B. Sand & Gravel Ltd.
Objector Alphonse Meloche
Objector Ann Silversides
Objector B. H Yael
Objector Chelsey Wheeler
Objector Donna and Bill Crawford
Objector Dorta Nierzwicka
Objector Dr. Erin Campos
Objector Elizabeth Garrett
Objector Elizabeth Van Den Broeck
Objector Eva Mackey
Objector Friends of Balls Bridges and Little Lakes Road
Objector Gina McDonnell and Bob Riehl
Objector Gord Garland
Objector James Roy
Objector James Wheeler
Objector Jennifer Morris
Objector Jenny Jeffrey
Objector Kathy Young
Objector Keara Campos
Objector L.M. Russell
Objector Marian and Mike Durst
Objector Mary Gregg
Objector HMK in right of Ontario as represented by the Ministry of Natural Resources
Objector Rebecca Garrett
Objector Richard Vernon
Objector Robert Campos
Objector Sally Vernon
Objector Scott Profit
Objector Stephen Campos
Objector Susan and David Glousher
Objector Wendy Hoernig
Objector William and Maxine Seers
Subject: Aggregates Resources Act referral of objection(s)
Description: Little Lakes Road Gravel Pit
Reference Number: 626525
Property Address: (Lots 14 and 15, Concession 2, Geographic Township of Colborne Township of Ashfield-Colborne-Wawanosh, County of Huron)
Municipality/UT: Ashfield-Colborne-Wawanosh/Huron
OLT Case No: OLT-22-003971
OLT Lead Case No: OLT-24-000987
OLT Case Name: V. B. Sand & Gravel Ltd. v. Ontario (Ministry of Natural Resources)
PROCEDURAL ORDER
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.
The Parties identified at the Case Management Conference are set out in Attachment 1.
Organization of the Hearing
The video hearing will begin on 2 July 2025 at 10 a.m. at the following link: https://global.gotomeeting.com/join/914098901. Unless otherwise subsequently ordered by the Tribunal, the Hearing shall proceed by videoconference.
The parties’ initial estimation for the length of the hearing is thirteen (13) 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.
The parties and participants identified at the case management conference are set out in Attachment 1.
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.
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.
The purpose of this Procedural Order and the meaning of the terms used in it are set out in Attachment 4.
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
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 4 April 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.
Expert witnesses in the same field shall have a meeting on or before 25 April 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 2 May 2025.
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.
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.
On or before 9 May 2025, the parties shall provide copies of their witness and expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 22 below.
On or 9 May 2025, 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.
On or before 23 May 2025 the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
On or before 11 June 2025, 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.
Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence within ten (10) days after the evidence is received and in accordance with paragraph 24 below.
The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before 13 June 2025.
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.
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.
The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before 20 June 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.
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.
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 Members are not seized.
So orders the Tribunal.
BEFORE:
Name of Member:
Date:
____________________________
TRIBUNAL REGISTRAR
ATTACHMENT 1 LIST OF PARTIES AND PARTICIPANTS
PARTIES
MCMILLAN LLP 4400- 181 Bay Street Toronto, Ontario M5J 2T3 Marc Kemerer marc.kemerer@mcmillan.ca Tel: (416) 885-7222 Fax: (416) 885-7222 Lawyers for V.B. Sand & Gravel Ltd.
DUNCAN, LINTON LLP 45 Erb Street Waterloo, Ontario N2J 1L7 Michael van Bodegom mvb@kwlaw.net Tel: (519) 886-3340 Fax: (519) 886-8651 Siraj Syed ssyed@kwlaw.net Tel: T: 519-886-3340 Lawyers for the Township of Ashfield-Colborne- Wawanosh
MINISTRY OF NATURAL RESOURCES 99 Wellesley Street West, Room 3420 Toronto, ON M7A 1W3 Zachary D’Onofrio zachary.d’onofrio@ontario.ca (416) 919-8621 Sarah Dalton sarah.dalton2@ontario.ca (416) 432-1219
DONNELLY LAW 276 Carlaw Avenue Toronto, Ontario M4M 3L1 David R. Donnelly david@donnellylaw.ca Tel: (416) 572-0464 Fax: (416) 572-0465 Lawyers for the Friends of Ball’s Bridge & Little Lakes
Gordon Garland 61 Essex Street Goderich ON N7A 2H5 (519) 524-6618
ATTACHMENT 2 CONSOLIDATED ISSUES LIST
NOTE: The identification of an issue on the Issues List does not constitute 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. No Party shall make submissions or tender evidence on an issue not identified on the Issues List without leave of the Tribunal.
Does the application to amend the Township of Ashfield-Colborne-Wawanosh (the “Township”) Zoning By-law (the “Proposed Amendment”) have appropriate regard for the matters of provincial interest set out in subsections 2(a), (b) (c), (d), (h), (l) and (o) of the Planning Act?
Does the Aggregate Resources Act licence application (the “ARA Application”):
a. have appropriate regard to the matters set out in subsection 12 (a), (b), (d-h) and (k) of the Aggregate Resources Act
b. have appropriate regard to and meet the standards of the Aggregate Resources of Ontario: Site Plan Standards, August 2020 – Existing Features (p. 7-8: Requirements 16, 17, 20, 24, 25) and (p. 11: Requirement 71); Aggregate Resources of Ontario: Technical Reports and Information Standards, August 2020 – Part 2.2 Natural Environment Report (p. 11), Part 2.3 Cultural Heritage Report (p. 12) and Part 2.5 Water Report (p. 13-14).
Is the proposed excavation setback from the property identified as RO2 appropriate?
Is the Proposed Amendment consistent with the following policy sections of the Provincial Planning Statement 2024:
a. 2.5. (Rural Areas in Municipalities);
b. 2.6 (Rural Lands in Municipalities);
c. 4.1 (Natural Heritage);
d. 4.2 (Water)
e. 4.3 (Agriculture); and
f. 4.5 (Mineral Aggregate Resources)?
Does the Proposed Amendment conform with Township Official Plan policies 2.2.4, 2.2.5 (adjacent lands), 3.4.13, 3.4.17, 5.3, 5.4.4, 5.6.6, 5.6.8, 5.6.9, 5.6.10, 5.6.16, 6.3 (adjacent lands), 6.4.4, 6.4.7 and 6.4.11?
Will the Proposed Amendment and Licence Application result in any unacceptable air quality impacts in the context of the applicable Ministry of the Environment, Conservation and Parks (MECP) D Series Guidelines and standards? If yes, what additional monitoring and mitigation requirements could be put in place to ensure that MECP Guidelines and standards are met?
Will the Proposed Amendment and License Application result in any unacceptable noise impacts to nearby noise-sensitive uses in the context of the applicable MECP guidelines? If yes, what additional monitoring and mitigation requirements could be put in place to ensure that MECP guidelines are met?
Will the Proposed Amendment and Licence Application result in any unacceptable adverse hydrogeological impacts? If yes, what mitigation and monitoring measures could address those impacts?
Will the Proposed Amendment and Licence Application result in any unacceptable adverse impacts on natural heritage features and functions? If yes, what mitigation and monitoring measures could address those impacts?
Will the Proposed Amendment and Licence Application result in any unacceptable adverse traffic impacts? If yes, what mitigation and monitoring measures could address such impacts?
If the Tribunal does approve the Proposed Amendment, what is the appropriate form of the zoning by-law and should any conditions be imposed on that approval?
Do the Proposed Amendment and Licence Application represent good planning, and are they in the public interest?
ATTACHMENT 3 ORDER OF EVIDENCE
V.B Sand & Gravel Ltd.
Township of Ashfield-Colborne- Wawanosh
Ministry of Natural Resources
Friends of Ball’s Bridge & Little Lakes
Gordon Garland
V.B Sand & Gravel Ltd. (Reply, if any)
ATTACHMENT 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.
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.
ATTACHMENT 5 SUMMARY OF HEARING DATES
Matter Date
Delivery of Witness Lists 4 April 2025
Meeting of Like Experts 25 April 2025
Delivery of Agreed Statements of Facts 2 May 2025
Delivery of Expert and Participant Statements 9 May 2025
Delivery of Visual Evidence 11 June 2025
Delivery of Joint Document Book 13 June 2025
Delivery of Hearing Plan 20 June 2025
Commencement of the hearing 2 July 2025