Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: December 08, 2025

CASE NO(S).: OLT-25-000372, OLT-25-000565

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant/Appellant: Thomas Cavanagh Construction Ltd.

Subject: Request to amend the Official Plan – Refusal to adopt the requested amendment

Description: To permit a proposed extension to the existing West Carleton Quarry

Reference Number: D01-01-21-0019

Property Address: 4200 March Road

Municipality/Upper Tier: City of Ottawa

OLT Case No.: OLT-25-000372

OLT Lead Case No.: OLT-25-000372

OLT Case Name: Thomas Cavanagh Construction Ltd. v. Ottawa (City)

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

Applicant/Appellant: Thomas Cavanagh Construction Ltd.

Subject: Application to amend the Zoning By-law – Refusal

Description: To permit a proposed extension to the existing West Carleton Quarry

Reference Number: D02-02-21-0105

Property Address: 4200 March Road

Municipality/Upper Tier: City of Ottawa

OLT Case No.: OLT-25-000374

OLT Lead Case No.: OLT-25-000372

PROCEEDING COMMENCED UNDER subsection 11(5) of the Aggregate Resources Act, R.S.O. 1990, c. A.8

Applicant: Thomas Cavanagh Construction Ltd.

Objector: Ashley & Richard Miceli

Objector: Grant & Gabrielle Edgar

Objector: Robynne Eagan

Objector: John & Beverly Blais

Subject: Application for a Class ‘A’ License to operate a quarry below the water table (West Carleton Quarry Extension)

Reference Number: License Application #626555

Property Address: Lot 15, Concession 11

Municipality/Upper Tier: Geographic Township of Huntley/City of Ottawa

OLT Case No.: OLT-25-000565

OLT Lead Case No.: OLT-25-000565

OLT Case Name: Thomas Cavanagh Construction Ltd. v. Ontario (Ministry of Natural Resources)

Heard: December 1, 2025 by video hearing

APPEARANCES:

Parties

Counsel

Thomas Cavanagh Construction Ltd.

Andrew Donaldson/Greg Meeds

City of Ottawa

Timothy Marc

Friends of the Burnt Lands Inc.

David Donnelly

Objectors

Ashley and Richard Miceli

Grant Edgar and Gabrielle Brune

Robynne Eagan

John and Beverly Blais

MEMORANDUM OF ORAL DECISION DELIVERED BY GEORGE POLITIS ON DECEMBER 1, 2025 AND ORDER OF THE TRIBUNAL

1This is the first Case Management Conference (“CMC”) relating to objections commenced pursuant to s. 11(5) of the Aggregate Resources Act, R.S.O. 1990, c. A.8 (“ARA”) opposing a license application filed by Thomas Cavanagh Construction Ltd. (“Applicant” or “Appellant”) for a Class ‘A’ Quarry License (“ARA license”).

2This is the first CMC conducted pursuant to s. 22(7) and s. 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended (“Planning Act”), relating to appeals filed by the Appellant following the refusal by the City of Ottawa (“City”) reference to D01-01-21-0019 of the Official Plan Amendment (“OPA”) and D02-02-21-0105 of the Zoning By-law Amendment (“ZBA”) to permit an expansion to the existing West Carlton Quarry.

3Both the ARA License as well as the ZBA and OPA relate to the municipal lands known as 4200 March Road, which is located on Lot 15, Concession 11, in the Geographic Township of Huntley/City of Ottawa (“Subject Property”). The purpose of the OPA is to redesignate the Subject Property from Greenspace to Rural Countryside adding a Bedrock Resource Area overlay and removing the Natural Environment Area and Natural Heritage Features overlay from the site. The purpose of the ZBA is to rezone the Subject Property from Environmental Protection Subzone 3 to Mineral Extraction.

4The Applicant has applied for an ARA License and an approved ZBA and OPA is required as part of the licensing process, all of which are being pursued for the purpose of expanding the existing quarry operation. The Applicant has applied for a Category 2, Class A license, (Quarry Below Water). The proposed license area is 18.2 hectares with an extraction area of 16.5 hectares.

Procedural Matters

Consolidation

5Although there was no motion before the Tribunal, the Parties jointly agreed to have the Tribunal hear matters of the OPA appeal (OLT-25-000372), the ZBA appeal (OLT-25-000374) and ARA appeal with the ARA Licence proceedings (OLT-25-000565) together. There were no concerns or objections regarding the consolidation from any of the Parties.

6After hearing the submissions from the Applicant, the Tribunal agreed that hearing the matters together would be cost-effective and efficient given the matters relate to the same Subject Property, engage the same Counsel, and will have overlapping evidence called at the merit hearing. The Tribunal directed that the two matters be heard together according to Rule 16 of the Tribunal’s Rules of Practice and Procedures.

7The Tribunal was in receipt of an Affidavit of Service sworn by Arlety Casanova on October 23, 2025, which was marked as Exhibit 1. There were no issues with the service of notice for the CMC and as such, no further notice is required.

8During the proceedings, the Parties discussed the draft Procedural Order (“PO”) and the Issues List (“IL”). Due to the consolidation of all the matters, the Parties agreed to have one IL. It was also agreed by all the Parties that the IL be drafted to accommodate all of the matters efficiently avoiding any overlapping issues. The Tribunal directed the Parties to communicate with each other in advance of the next CMC and file the final draft PO and IL on or before Monday, February 16, 2026.

Status Requests / Objectors

9Section 11(5) of the ARA allows the Minister for the Ministry of Natural Resources (“MNR”) to refer any objections to license applications to the Tribunal. By letter dated, July 25, 2025, the MNR referred the following Objectors to the Tribunal: Ashley and Richard Miceli, Grant Edgar and Gabrielle Brune, Robynne Eagan, John and Beverly Blais, all of whom automatically become Parties in the ARA appeal.

Party Status Requests

10Under s. 22(7) and s. 34(11) of the Planning Act, the Tribunal granted Party Status to Ken McRae, John and Beverly Blais, Robynne Eagan, and Friends of the Burnt Lands Inc. The Tribunal requested one person to be the spokesperson, on behalf of the Parties, and it was agreed that John and Beverly Blais, and Robynne Eagan will be represented by David Donnelly. Ken McRae chose to represent himself.

11Under s. 11(5) of the ARA, the Tribunal granted Party Status to Ken McRae and the Friends of the Burnt Lands Inc. The Tribunal requested one person to be the spokesperson, on behalf of the Parties, and it was agreed that David Donnelly will be the representative for all the Objectors and for Friends of the Burnt Lands Inc. Ken McRae chose to represent himself. The MNR has also confirmed that it will not be a Party in the proceedings.

Participant Status Requests

12Under s. 22(7) and s. 34(11) of the Planning Act, the Tribunal granted Participant Status to Ashley Struthers. Under s. 11(5) of the ARA, the Tribunal granted Participant status to Grant Edgar and Gabrielle Brune (switched from Party Status to Participant Status).

Opportunities for Settlement

13The Tribunal recommended the Parties to consider Tribunal– led mediation.

14The Tribunal scheduled a further CMC commencing on Tuesday, February 24, 2026, at 10 a.m. by Video Hearing to further address the final draft PO and IL and schedule the hearing dates.

15Parties and/or Participants and/or Observers are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections:

GoTo Meeting: https://global.gotomeeting.com/join/687587165

Access code: 687-587-165

16Parties and/or Participants 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

17Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to it by calling in to an audio-only telephone line:(Toll Free) 1-888-299-1889 or +1 (647) 497-9373. The access code is: 687-587-165.

18Individuals 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 event to ensure that they are properly connected at the correct time. Questions prior to the event may be directed to the Tribunal’s Case Coordinator.

Order

19THE TRIBUNAL ORDERS THAT a further Case Management Conference will be held as set out in the Decision above.

a. Friends of the Burnt Lands Inc., Ken McRae, John and Beverly Blais, and Robynne Eagan are conferred Party Status and will be represented by David Donnelly in these proceedings, with the exception of Ken McRae, who will represent himself;

b. The Parties will provide the Tribunal with an updated draft Procedural Order and Issues List by Monday, February 16, 2026.

20There will be no further notice.

21This Member is not seized.

“George Politis”

GEORGE POLITIS

Member

Ontario Land Tribunal

Website: www.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.