Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
November 26, 2025
CASE NO.:
OLT-25-000332 OLT-25-000341
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
2542534 Ontario Inc. and Radha Soami Society Beas Canada
Appellant:
FCHT Holdings (Ontario) Corporation
Appellant:
Neamsby Investments Inc.
Appellant:
Village Securities Limited
Subject:
Proposed Official Plan Amendment No. 86
Description:
To incorporate revisions to various sections of the Town of Milton Official Plan related to Employment Areas
Reference Number:
LOPA-08/24
Property Address:
Town Wide
Municipality/UT:
Town of Milton/Halton Region
OLT Case No.:
OLT-25-000332
OLT Lead Case No.:
OLT-25-000332
OLT Case Name:
2542534 Ontario Inc. v. Milton (Town)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
FCHT Holdings (Ontario) Corporation
Subject:
By-law No. 036-2025
Description:
To incorporate revisions to various sections of the Town of Milton Official Plan related to Employment Areas
Reference Number:
Z-20/24
Property Address:
Town Wide
Municipality/UT:
Town of Milton/Halton Region
OLT Case No.:
OLT-25-000341
OLT Lead Case No.:
OLT-25-000332
BEFORE:
A. MASON
Thursday, the 19th
MEMBER
day of November, 2025
THIS MATTER, having come before the Tribunal as a written Hearing to consider a Motion seeking an Order pursuant to s. 17(50) and s. 34(31) of the Planning Act bringing the Town of Milton Official Plan Amendment No. 86 (“OPA 86”) and Zoning By-law Amendment No. 036-2025 (“ZBLA 036-2025”) into full force and effect as of March 17, 2025 being the day they were adopted by Council, save and except on a site-specific or area-specific basis for those properties and areas identified as Attachment 2 and Attachment 4 respectively to this Order where the entirety of OPA 86 and ZBLA 036-2025 will remain under appeal, having been brought before the Tribunal on consent of the Parties;
AND THE TRIBUNAL, having received the affidavit and exhibits in support of scoping the appeals and bringing into force OPA 86 and ZBLA 036-2025 of Jill Hogan, Commissioner of Development Services for the Town of Milton, a Registered Professional Planner and member of the Ontario Professional Planner’s Institute and Canadian Institute of Planners, affirmed and dated November 5, 2025, whom the Tribunal recognizes as qualified to assist in its deliberations through opinion evidence in the area of land use planning;
AND THE TRIBUNAL, having accepted the uncontroverted affidavit evidence and opinion of Jill Hogan that, although the entirety of OPA 86 and ZBLA 036-2025 remains under appeal by the Appellants set out in Attachment 2 and Attachment 4 respectively, the issues of the Appellants are confined to specific areas or properties and do not impact the broader planning framework adopted by Council for the Town of Milton, and that bringing the instruments into force will (1) provide clarity and certainty to the planning regime, (2) allow development applications to proceed, (3) promote orderly planning in the Town while preserving the rights of the Appellants to have their appeals determined by the Tribunal; and (4) scope the appeals to the areas or properties in which the Appellants have a direct interest and will not result in prejudice to the Appellants;
AND THE TRIBUNAL FURTHER, accepts the uncontroverted affidavit evidence and opinion of Jill Hogan that it is appropriate and represents good planning to bring into force OPA 86 and ZBLA 036-2025 on a Town-wide basis, save and except with respect to the properties or areas set out in Attachment 2 and Attachment 4;
AND THE TRIBUNAL, being satisfied that the Appellants do not oppose the Order sought in this Motion and there are no other appeals with respect to OPA 86 and ZBLA 036-2025, save and except for those appeals for the properties or areas set out in Attachment 2 and Attachment 4.
NOW THEREFORE:
THE TRIBUNAL ORDERS THAT;
OPA 86, attached as Attachment 1 to this Order, is deemed to be in full force and effect as of the day OPA 86 was adopted March 17, 2025, save and except for the properties or areas set out in Attachment 2 to this Order, on which the entirety of OPA 86 will remain under appeal on a site-specific or area-specific basis.
ZBLA 036-2025, attached as Attachment 3 to this Order, is deemed to be in full force and effect as of the day OPA 86 was adopted March 17, 2025, save and except for the properties or areas set out in Attachment 4 to this Order, on which the entirety of ZBLA 036-2025 will remain under appeal on a site-specific or area-specific basis.
That the approval and coming into force of OPA 86 and ZBLA 036-2025 pursuant to this Order shall be strictly without prejudice to, and shall not have the effect of limiting:
a. The position that any Party set out in Attachment 1 or Attachment 2 may take with respect to their site-specific or area-specific appeals of OPA 86 and ZBLA 036-2025, such that the Parties will be at liberty to challenge and test the planning merits of OPA 86 and ZBLA 036-2025 as they apply to their respective delineated sites or areas;
b. The jurisdiction of the Tribunal to consider and approve modifications, deletions, or additions to the unapproved portions of OPA 86 and ZBLA 036-2025 on a site or area-specific basis, including issuing future Orders respecting the unapproved portions of OPA 86 and ZBLA 036-2025 which are inconsistent with the Order resulting from this motion; or
c. The Town of Milton’s right to assert that the Town Council enacted portions of OPA 86 and ZBLA 036-2025 should be approved, and applied to the specific sites or areas delineated in Attachment 2 and Attachment 4 to this Order, without modification, on the basis that they constitute good planning, are consistent with the Planning Act and Provincial Policy Statements, 2024 or conform to the Town’s Official Plan. For clarity, the Town will not be entitled to rely upon the Tribunal’s partial approval of OPA 86 and ZBLA 036-2025 elsewhere in the Town as a reason to dismiss these appeals in whole or in part.
- The Appeals of OPA 86 and ZBLA 036-2025 set out in Attachment 2 and Attachment 4 are adjourned sine die.
AND THE TRIBUNAL ORDERS that it may be spoken to in the event that any issues should arise in connection with the implementation of this Order.
“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.
Attachment 1
Attachment 2
OPA 86
Appellant
Address(es)/Legal Description of Property Under Appeal
Site/Area Specific
Legal Counsel
2542534 Ontario Inc. and Radha Soami Society Beas Canada
6566 Sixth Line
Y
Denise Baker/Nikolas Koschany
WeirFoulds LLP
FCHT Holdings (Ontario) Corporation
6901-6951 Derry Road West; 3037 Derry Road West
Y
Katarzyna Sliwa/Max Reedijk
Dentons Canada LLP
Neamsby Investments Inc.
6605 Fifth Line
Y
Denise Baker/Nikolas Koschany
WeirFoulds LLP
Village Securities Limited
PART LOT 10 CONCESSION 6 TRAF NS, EXCEPT PARTS 4, 5 & 6, 20r21826 AND PART 1, 20r22732 SUBJECT TO AN EASEMENT IN GROSS OVER PART 2, PLAN 20r22732 AS IN HR2040133 TOWN OF MILTON
Y
Denise Baker/Nikolas Koschany
WeirFoulds LLP
Attachment 3
Attachment 4
ZBLA 036-2025
Appellant
Address(es)/Legal Description of Property Under Appeal
Site/Area Specific
Legal Counsel
FCHT Holdings (Ontario) Corporation
6901-6951 Derry Road West; 3037 Derry Road West
Y
Katarzyna Sliwa/Max Reedijk
Dentons Canada LLP