Ontario Land Tribunal
Tribunal ontarien de l’aménagement
du territoire
ISSUE DATE:
November 19, 2025
CASE NO(S).:
OLT-23-001073
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
1571145 Ontario Limited
Appellant:
2817053 Ontario Limited
Appellant:
Auburn Developments Inc.
Appellant:
Paisley Hill Ltd. and others
Subject:
Proposed Official Plan Amendment
Description:
Update to the Middlesex Centre Official Plan
Reference Number:
OPA 59
Property Address:
Municipality-wide
Municipality/UT:
Middlesex Centre/Middlesex
OLT Case No.:
OLT-23-001073
OLT Lead Case No.:
OLT-23-001073
OLT Case Name:
Auburn Developments Inc. v. Middlesex (County)
Heard:
October 15, 2025 by video hearing
APPEARANCES:
Parties
Counsel
County of Middlesex
Alex Ciccone David Samuels
Municipality of Middlesex Centre
Paula Lombardi
South Winds Development Co. Inc.
Kim Mullin Mithea Murugesu
Watermark Komoka 2021 Inc. (c/o York Developments)
Patrick Duffy Jonathan Cheng
MEMORANDUM OF ORAL DECISION DELIVERED BY K.R. ANDREWS ON October 15, 2025, AND ORDER OF THE TRIBUNAL
Link to the order
INTRODUCTION and background
1This is a settlement hearing concerning the appeal by South Winds Development Co. Inc. (“South Winds”), one of several appeals filed pursuant to section 17(36) of the Planning Act regarding the adoption of Official Plan Amendment No. 59 (“OPA 59”) by Council of the Municipality of Middlesex Centre (the “Municipality”). An overview and history of these appeals is found in the Tribunal’s earlier decision, Auburn Developments Inc. v Middlesex (County), 2025 CanLII 74718 (ON LT).
Evidence and submissions
2No party opposed the proposed settlement, while the Tribunal heard submissions from the County of Middlesex, the Municipality, South Winds., and Watermark Komoka 2021 Inc. (c/o York Developments) in support of the settlement.
3In further support of the settlement, the Tribunal received the following evidence:
Affidavit evidence (sworn September 15, 2025) of Stephanie Bergman, duly qualified as an expert in land use planning, contained within the “Joint Motion Record of the Moving Parties: County of Middlesex and Municipality of Middlesex Centre (revised)” (marked as Exhibit 1);
Affidavit evidence (affirmed September 25, 2025) of Chad B. John-Baptiste (“Mr. John-Baptiste”), duly qualified as an expert in land use planning, contained within the “Responding Motion Record of South Winds Development Co. Inc.” (marked as Exhibit 5);
South Winds’ “Concept Plan” (marked as Exhibit 15);
Viva voce evidence of Mr. John-Baptiste;
a draft Order jointly submitted to give effect to the relief sought; and
the minutes of settlement executed between the County of Middlesex, Municipality of Middlesex Centre, South Winds Development Co. Inc., and Watermark Komoka 2021 Inc. (c/o York Developments).
Decision
4The Tribunal understands that the aforementioned affidavit evidence reflects proposed policy revisions to OPA 59 that were reached through the cooperative efforts of the Parties. The Tribunal further accepts the opinion evidence expressed through the evidence in support of the settlement, and similarly finds that the proposed policy revisions have sufficient regard for the matters of provincial interest in s. 2 of the Planning Act, are consistent with the Provincial Planning Statement, 2024, conform to the County of Middlesex Official Plan, and otherwise represents good land use planning..
ORDER
5THE TRIBUNAL ORDERS that:
- For the lands legally described as Part of Lots 7 and 8, Concession 1, and Part of Lot 7 Broken Front concession, as closed by Ins.t No. 680445, in the Municipality of Middlesex-Centre, County of Middlesex, being all of Plan 33M-746, those policies in Section 5.8.4 a) shall be approved and amended below:
Deleting the following paragraph:
The net density refers to the land area to be used for housing as well as the abutting local streets but does not include major streets or other residentially associated land uses. Notwithstanding the housing mix targets and net density provisions, multiple dwellings shall be permitted in the Residential designation in accordance with Section 5.2.3.
And replacing it with the following paragraph:
Gross density refers to the density calculated over an entire development site (i.e. inclusive of all abutting streets, landscaped open space and other uses, but exclusive of lands designated Natural Environment or otherwise part of the Natural Heritage System) regardless of whether the development site is proposed to be developed in phases. Notwithstanding the housing mix targets and gross density provisions, multiple dwellings shall be permitted in the Residential designation in accordance with Section 5.3.3.
Those policies in section 10.0 of the Official Plan relating to Special Policy Area #29-A (“SPA#29-A”) are approved and in force for the lands shown as SPA#29-A on Schedule A-9, Komoka-Kilworth Urban Settlement Area, together with the relevant mapping for the SPA#29-A Lands, all as identified in Schedule A to this Order.
To be clear, the approval of the policies and schedules referred to above shall be strictly without prejudice to, and shall not have the effect of limiting:
a. The resolution of any other Appellant’s appeal;
b. A Party’s right to seek to modify the unapproved policies, schedules, maps, figures, definitions, tables and associated text in the Official Plan, including all remaining policies contained in SPA#29; and/or
c. The jurisdiction of the Tribunal to consider and approve modifications, deletions or additions to the unapproved policies, schedules, maps, figures, definitions, tables and associated text in the Official Plan on a general or site-specific or area-specific basis, as the case may be.
6The Tribunal may be spoken to in the event any matter or matters should arise in connection with the implementation of this Order.
“K.R. Andrews”
K.R. ANDREWS
MEMBER
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.