Ontario Land Tribunal / Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 17, 2025
CASE NO(S).: OLT-22-003082
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Roger Buurma Subject: Site Plan Description: To permit an outdoor storage facility for pelletized bio-fertilizer Property Address: 25700 Kerwood Road Municipality/UT: Adelaide Metcalfe/Middlesex OLT Case No.: OLT-22-003082 Legacy Case No.: PL200497 OLT Lead Case No.: OLT-22-003082 Legacy Lead Case No.: PL200497 OLT Case Name: Buurma v. Adelaide Metcalfe (Township)
PROCEEDING COMMENCED UNDER subsection 36(3) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Roger Buurma Subject: Removal of Holding Symbol: Zoning By-law No. 34-2007 – Failure of the Township of Adelaide Metcalfe to announce a decision on the application Description: To permit an outdoor storage facility for pelletized bio-fertilizer Property Address: 25700 Kerwood Road Municipality/UT: Adelaide Metcalfe/Middlesex OLT Case No.: OLT-22-003083 Legacy Case No.: PL200554 OLT Lead Case No.: OLT-22-003082 Legacy Lead Case No.: PL200497 OLT Case Name: Buurma v. Adelaide Metcalfe (Township)
Heard: November 19, 2025 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Roger Buurma | E. Davis, T. Johnson |
| Township of Adelaide Metcalfe | P. Lombardi |
MEMORANDUM OF ORAL DECISION DELIVERED BY G.A CROSER ON NOVEMBER 19, 2025 AND ORDER OF THE TRIBUNAL
1This Status Hearing was scheduled to discuss the delay in the implementation of the Tribunal’s Interim Order on appeals brought pursuant to s. 41(12) and s. 36(3) of the Planning Act on applications for a Site Plan Approval and removal of a holding provision. The Tribunal’s Decision, issued on August 19, 2024, allowed the appeals in part, and directed the Parties to enter into a Site Plan Agreement. This has not taken place. In fact, the Township of Adelaide Metcalfe (“Township”) had failed to provide Roger Buurma (“Appellant”) with a draft Site Plan Agreement at any point in the past fifteen months.
2As a result, the Appellant filed a Motion in advance of the Status Hearing requesting that either the Tribunal waive the requirement for a Site Plan Agreement or accept the draft Site Plan Agreement that it had prepared. The Township filed a Response, rejecting the Appellant’s position, and produced its own draft Site Plan Agreement with its Motion materials. The Tribunal has reviewed both draft Site Plan Agreements which are of very different lengths, and it is evident that the Parties are not on the same page with respect to content, requirements, and the timing of certain elements for the agreement.
3Given the fact that a draft Site Plan Agreement has now been produced by the Township, the Tribunal asked if the Parties would consider a Tribunal-assisted mediation as a means of either resolving the Site Plan Agreement differences or scoping the remaining points of contention. The Appellant submitted that it was looking for a “process to move forward” and was open to whatever the Tribunal suggested; however, it was concerned with respect to prejudice caused by further delay. Counsel for the Township stated that it was “willing to enter into a Site Plan Agreement” and would engage in good faith mediation in an expedited manner. This was satisfactory to the Appellant who then requested that a Case Management Conference (“CMC”) be scheduled for January 2026, to ensure that momentum was maintained with respect to moving this matter towards the issuance of a final Order of the Tribunal.
4Counsel for the Township agreed to provide a revised draft Site Plan Agreement to the Appellant by no later than November 28, 2025, with the hope that some of the minor differences can be resolved by counsel so that the Tribunal-led mediation can focus on the significant issues between the Parties. The Parties were informed that the Case Coordinator had reached out to Sandra Chan, the Deputy Registrar who confirmed capacity for the Tribunal mediation up to December 12, 2025. The Parties were asked to email the Case Coordinator who would assist in the scheduling of Tribunal-led mediation. If the Parties are unable to negotiate a complete Site Plan Agreement by the CMC on January 21, 2026, then the Parties should be prepared to accept that the Tribunal will approve and settle the remaining terms, if any, in accordance with its authority as per s. 41(12.1) of the Planning Act.
JANUARY 2026 CASE MANAGEMENT CONFERENCE
5The CMC is scheduled to proceed by video on Wednesday, January 21, 2026, at 10 a.m.
6Parties 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/660145013
Access code: 660-145-013
7Parties 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
8Persons 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: +1 (647) 497-9373 or (Toll Free) 1-888-299-1889. The access code is: 719-383-509.
9Individuals 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
10THE TRIBUNAL ORDERS that the directives above for the Case Management Conference are Ordered, beginning in paragraph [5].
11The Member is seized.
“G.A Croser”
G.A. CROSER 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.