Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 26, 2025
CASE NO(S).: OLT-25-000583
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant: Pegasus Development Corporation o/a Olympia Home
Subject: Zoning By-law
Description: To enact the Town-wide Development Permit By-law
Reference Number: By-law 53-2025
Property Address: Town-wide
Municipality/UT: Carleton Place / Lanark
OLT Case No: OLT-25-000583
OLT Lead Case No: OLT-25-000583
OLT Case Name: Olympia Home v. Carleton Place (Town)
Heard: November 20, 2025, by Video Hearing
APPEARANCES:
Parties
Counsel
Pegasus Development Corporation o/a Olympia Home
C. McCarthy R. Aburto
Town of Carleton Place
E. Blanchard
Inverness Homes Inc.
M. Cicchino M. Polowin (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED ON NOVEMBER 20, 2025, BY S. DEBOER AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision arises from the first Case Management Conference (“CMC”) held in preparation for the appeal by Pegasus Development Corporation o/a Olympia Home (“Appellant”) pursuant to s. 34(19) of the Planning Act due to the Town of Carleton Place’s (“Town”) approval of a new Town-wide Development Permit By-law No. 53-2025 (“DBL”).
2The purpose of the CMC was to consider requests for Party or Participant status, review the proposed Procedural Order, and to set a date for the next Hearing events.
BACKGROUND
3The purpose of the new Town-wide DBL would provide outlines for development requirements, provisions, and standards that the Town would require to be met before any development approvals could be issued.
AFFIDAVIT OF SERVICE
4At the commencement of the Hearing, the Tribunal reviewed, approved, and marked the Affidavit of Service by Danielle Rozon, dated October 22, 2025, as Exhibit 1 to the hearing. Since the Tribunal was satisfied with the Affidavit of Service, the Tribunal ruled that no further Notice would be necessary.
STATUS REQUESTS
5Prior to the CMC, the Tribunal received a Party request, from Inverness Homes Inc. (“Inverness”). Inverness Homes stated that it is already involved in an appeal of the previous DBL with the Town. As such, Inverness stated that it has a direct interest in this appeal of the new DBL, as Inverness currently owns lands that will be affected by the new DBL. The Tribunal reviewed the Party request and after discussion with the Parties, the Tribunal granted the Party status request. The Tribunal did not receive any further Party or Participant requests during the CMC.
OPPORTUNITIES FOR RESOLUTION
6The Tribunal discussed Tribunal-led mediation with the Parties. The Parties stated that they understand the availability of Tribunal-led mediation, however, it is not needed at this time.
PROCEDURAL ORDER
7The Tribunal received a draft Procedural Order (“PO”) from the Appellant prior to the CMC. After reviewing the PO with the Parties, the Parties stated that each Party would have two witnesses and, as a result, the Parties recommended that a five-day Hearing would be needed to hear all the evidence. Based on the review of the PO and the number of witnesses required, the Tribunal agreed that a five-day Hearing would be appropriate for this matter.
SCHEDULING OF HEARING
8As a result of the discussions between the Parties and the Tribunal, the Tribunal has scheduled a five-day Hearing to occur commencing on Monday, August 10, 2026, at 10 a.m., by video conference.
9Parties 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:
GoTo Meeting Link: https://global.gotomeeting.com/join/442599157
Access code: 442-599-157
10Parties 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 GoTo Meeting or a web application is available: https://app.gotomeeting.com/home.html
11Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: +1 (647) 497-9391 or (Toll Free) 1-888-455-1389. The access code is same as mentioned above.
12Individuals 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.
ORDER
13THE TRIBUNAL ORDERS THAT a Hearing of the appeal will commence by video on Monday, August 10, 2026, at 10 a.m. for a duration of five days.
14THE TRIBUNAL FURTHER ORDERS THAT the attached Procedural Order is to govern the proceedings leading up to and including the next Hearing event. The Procedural Order as set out in Schedule 1 below is in full force and effect on the issue date of this Order.
15The Member is not seized but may be spoken to if procedural issues arise, schedule permitting.
“S. deBoer”
S. DEBOER
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.
Schedule 1
Procedural Order
ISSUE DATE: CASE NO(S).: OLT-25-000583
PROCEEDING COMMENCED UNDER Sections 70.2 and 34(19) of the Planning Act, R.S.O. 1990, c. P.13.
Applicant/Appellant: Pegasus Development Corporation
Subject: Appeal of By-law 53-2025
Property Address/Description: Town-wide
Municipality/Upper Tier: Town of Carleton Place, Lanark County
Municipal File No.: By-law 53-2025
OLT Case No.: OLT-25-000583
OLT File No.: OLT-25-000583
OLT Case Name: Pegasus Development Corporation v. Town of Carleton Place
- 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
- The video hearing will begin on August 10, 2026, at 10:00 a.m., for a duration of 5 days by Video Hearing.
GoTo Meeting: https://global.gotomeeting.com/join/442599157 Access Code: 442-599-157
The parties’ initial estimation for the length of the hearing is 5 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 procedural order deadlines are generally found in Attachment 1.
The parties and participants identified at the case management conference are set out in Attachment 2 (see the sample procedural order for the meaning of these terms).
The issues are set out in the Issues List attached as Attachment 3. 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 4 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.
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 within thirty (30) days of the issuance of this Order and in accordance with paragraph 22 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 wishes to call a witness in reply to a witness identified in a witness list filed by another party must deliver a revised witness list within twenty (20) days of receiving a list of witnesses from the other party.
Expert witnesses in the same field shall have a meeting on or before May 29, 2026 (72 days prior to the start of the hearing) 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 June 24, 2026 (45 days prior to the start of the hearing).
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 13 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 13 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 13 below.
On or before April 15, 2026 (120 days prior to the start of the hearing), 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 before May 12, 2026 (90 days prior to the start of the hearing), 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 July 10, 2026 (30 days prior to the start of the hearing), the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
On or before July 31, 2026 (10 days prior to the start of the hearing), the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 22 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 forty-five (45) days after the evidence is received and in accordance with paragraph 22 below.
The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before July 21, 2026 (20 days prior to the start of the hearing).
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 by August 3, 2026, at the latest (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 August 3, 2026 (7 days prior to the start of the hearing) 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 Rule 7 of the Tribunal’s Rules.
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 Member is not seized.
So orders the Tribunal.
BEFORE:
Name of Member:
Date:
TRIBUNAL REGISTRAR
Attachment 1
Summary of Dates
DATE
EVENT
30 days from the date of issuance of this Order
Exchange of witness lists (names, disciplines and order to be called)
20 days from the date of receipt of the relevant party’s witness list
Last date to submit a revised witness list
Wednesday, April 15, 2026 (120 days prior to hearing)
Exchange of witness statements and participant statements
Friday, May 29, 2026 (72 days prior to the start of the hearing)
Experts meeting prior to this date
Wednesday, June 24, 2026 (45 days prior to hearing)
Agreed Statement of Facts and Issues
Friday, July 10, 2026 (30 days prior to hearing)
Parties to advise Tribunal if any hearing dates are to be released from the hearing calendar (if any)
Tuesday, July 21, 2026 (20 days prior to hearing)
Finalize Joint Document Book
Friday, July 31, 2026 (10 days prior to hearing)
Exchange of visual evidence (if any)
Monday, August 3, 2026 (7 days prior to hearing)
Advise of any written evidence that is no longer part of the party’s record
Monday, August 3, 2026 (7 days prior to hearing)
File Preliminary Hearing Plan
August 10, 2026
Hearing commences
Attachment 2
List of Parties
Counsel
1
Pegasus Development Corporation
Roberto Aburto & Conor McCarthy Dentons Canada LLP Suite 1420, 99 Bank Street Ottawa, Ontario K1P 1H4
Email: roberto.aburto@dentons.com conor.mccarthy@dentons.com Tel: 613-288-2716
2
Inverness Homes Inc.
Michelle Cicchino & Michael Polowin Gowling WLG Canada LLP Suite 2600, 160 Elgin Street Ottawa, Ontario K1P 1C3
Email: michelle.cicchino@gowlingwlg.com michael.polowin@gowlingwlg.com Tel: 613-786-0158
3
Town of Carleton Place
Emma Blanchard Borden Ladner Gervais Suite 1300, 100 Queen Street Ottawa, Ontario K1P 1J9
Email: eblanchard@blg.com Tel: 613-369-4755
Attachment 3
ISSUES LIST
Note: The identification of an issue on this list does not mean that all parties agree that such an issue, or the manner in which it is expressed, is appropriate or relevant for the proper determination of the appeals. The extent of the appropriateness and/or relevance of the issue may be a matter of evidence and/or argument at the hearing. Any party may call or not call evidence on any issue.
What is the appropriate test on an appeal of a development permit by-law?
In adopting Sections 2.33.5 (transition provision); 3.33.2 (parking and storage of vehicles); 3.34 (setbacks for second storey balconies); 3.36 (PUDs); 3.47 (water supply, sewage disposal, and stormwater systems); 4.2.1 and 4.2.2 (PUDs as discretionary uses); 4.2.3.1, 4.2.3.2, and 4.2.3.4 (Development Standards – Certain Housing Typologies); and 5.1.4.1.3 (design elements for garages) (collectively the “Contested Provisions”) of By-law 53-2025 (the “Development Permit By-law”), did Town Council have regard to matters of provincial interest enumerated in s. 2 of the Planning Act, including subsections:
a. 2(e),
b. 2(f),
c. 2(h),
d. 2(j); and,
e. 2(r)?
- Are the Contested Provisions consistent with the following policies of the Provincial Planning Statement, 2024, as amended from time to time:
a. Chapter 1
b. 2.2.1;
c. 2.3.1;
d. 2.9.1; and,
e. 6.1.
- Are the Contested Provisions consistent with the general intention and objectives of the Lanark County Sustainable Communities Official Plan (“SCOP”), specifically considering sections emphasizing efficient development patterns and affordable housing, and including:
a. Introduction
b. 2.1;
c. 2.3.1.5;
- 2.6.2.4;
e. 8.2.5;
f. 8.2.9; and
g. Appendix 1 to the SCOP (Integrated Community Sustainability Plan)?
Are the Contested Provisions consistent with the general intention and objectives of the Town of Carleton Place Official Plan (March 31, 2025 consolidation), including:
1.1.3
2.0;
2.1;
2.2;
2.4;
3.4 (Introduction);
3.4.1;
3.4.3
3.4.4.2;
4.3.1.1;
6.13.5;
6.13.7; and
6.20.1.
Do the Contested Provisions represent good land use planning?
Does the transition provision contained in Section 2.33.5 of the Development Permit By-law have regard for applicable legal principles?
Attachment 4
ORDER OF EVIDENCE
Appellant
Inverness Homes Inc.
Town of Carleton Place
Reply of the Appellant
Attachment 5
PURPOSE OF THE PROCEDURAL ORDER AND 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.