Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 15, 2025
CASE NO(S).: OLT-23-000521
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: Sifton Properties Limited
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit a residential development consisting of single detached units and townhouses
Reference Number: OP-04-18
Property Address: 277, 299 and 301 Hardy Road
Municipality/UT: Brantford/Brant
OLT Case No: OLT-23-000521
OLT Lead Case No: OLT-23-000521
OLT Case Name: Sifton Properties Ltd. v. Brantford (City)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: Sifton Properties Limited
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a residential development consisting of single detached units and townhouses
Reference Number: PZ-15-18
Property Address: 277, 299 and 301 Hardy Road
Municipality/UT: Brantford/Brant
OLT Case No: OLT-23-000522
OLT Lead Case No: OLT-23-000521
PROCEEDING COMMENCED UNDER section 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: Sifton Properties Limited
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit a residential development consisting of single detached units and townhouses
Reference Number: 29CD-18503
Property Address: 277, 299 and 301 Hardy Road
Municipality/UT: Brantford/Brant
OLT Case No: OLT-23-000523
OLT Lead Case No: OLT-23-000521
Heard: December 5, 2025 by Video Hearing
APPEARANCES:
Parties Counsel
Sifton Properties Limited Ira Kagan Sarah Kagan
City of Brantford Stephen Brogden
MEMORANDUM OF ORAL DECISION DELIVERED BY David Brown ON December 5, 2025 AND ORDER OF THE TRIBUNAL
1The Tribunal convened a Case Management Conference (“CMC”) with respect to Appeals filed by Sifton Properties Limited (“Appellant”) pursuant to s. 22(7), s. 34(11), and s. 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended (the “Planning Act”) against the City of Brantford (“City”) for its failure to make a decision within the timeframes prescribed in the Planning Act. The Appellant filed an Application to Amend the Official Plan (“OPA”), an Application to Amend the Zoning By-law (“ZBA”), and an Application for a Plan of Subdivision to create a Vacant Land Condominium (“VLC”) (together the “Applications”) to facilitate the development of the lands located and known municipally as 277, 299, and 301 Hardy Road (“Subject Lands”).
2The Parties settled the Appeals, save and except for the rezoning for a block of land located at the northeast corner of the Subject Lands referred to as the Northeast Medium Density Block (“NMDB”). The Tribunal considered the Settlement and issued an Interim Order allowing the Appeals subject to conditions being addressed prior to the issuance of a Final Order and deferred consideration of the ZBA, in part, as it relates to the NMDB. The Tribunal issued its Final Order on September 26, 2024. The finalization of the ZBA with respect to the NMDB is the sole remaining issue to be resolved with respect to the Appeals.
3The CMC was scheduled to update the Tribunal on the status of the ZBA for the NMDB.
4Ira Kagan, Counsel for the Appellant, advised that the Parties participated in a mediation session wherein a single issue was identified. The City requested time to respond to the Appellant and, as of the date of the CMC, the City has not contacted the Appellant and, despite inquiries from Mr. Kagan, no response has been received.
5Mr. Kagan advised that his client is growing impatient with the lack of response from the City and requested that the matter be scheduled for a three-day Merit Hearing.
6Stephen Brogden, Counsel for the City, advised that he is new to this file and the City does not oppose scheduling a Hearing for this matter.
7In response to an inquiry from the Tribunal, Mr. Brogden committed to provide an Issues List to the Appellant by Friday, December 19, 2025. The Parties were directed to provide a Procedural Order and Issues List to the Tribunal no later than Wednesday, January 7, 2026, for review and issuance by the Tribunal.
8The Tribunal scheduled a Hearing for the consideration of the merits of the Appeal to commence on Wednesday, March 4, 2026, at 10 a.m. by video for three days concluding on Friday, March 6, 2026.
9Parties 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/344779885
Access code: 344-779-885
10Parties 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
11Persons 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: 344-779-885.
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 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.
13The case management directives set out above are so ordered.
14There will be no further notice provided in respect of these proceedings.
15The Member shall remain seized of this matter.
“David Brown”
DAVID BROWN
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.