Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 23, 2025
CASE NO(S).: OLT-25-000182
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Andrew Rice
Appellant: Vanstone Mill Inc.
Subject: Proposed Official Plan Amendment No. 136
Description: To update the Bowmanville East Urban Centre Secondary Plan to include a mix of building types and densities that will accommodate 6,000 new residential units
Reference Number: COPA 2023-0002
Property Address: All lands within the Bowmanville East Urban Centre Secondary Plan
Municipality/UT: Clarington/Durham
OLT Case No.: OLT-25-000182
OLT Lead Case No.: OLT-25-000182
OLT Case Name: Rice v. Clarington (Municipality)
Heard: December 2, 2025 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Municipality of Clarington | Mark Joblin |
| Andrew Rice | Calvin Lantz, Caroline Jordan (in absentia) |
| Vanstone Mill Inc. | Katarzyna Sliwa, Doug Pateman |
| Kristian Shepherd | Calvin Lantz, Caroline Jordan (in absentia) |
| Nicholas Garacci and Jaime Yamanaka | Calvin Lantz, Caroline Jordan (in absentia) |
MEMORANDUM OF ORAL DECISION DELIVERED BY C.I. MOLINARI ON DECEMBER 2, 2025 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal convened a second Case Management Conference (“CMC”) with respect to appeals filed pursuant to s. 17(24) of the Planning Act (“Act”) by Andrew Rice and Vanstone Mill Inc. (“Vanstone”) regarding the decision of the Municipality of Clarington (“Municipality”) to adopt Official Plan Amendment No. 136, being the Bowmanville East Urban Centre Secondary Plan (“Secondary Plan”).
2As identified in the first CMC Decision issued on August 12, 2025, the appeals are as follows:
- Appeal #1 – filed by Andrew Rice, owner of 207, 209 and 215 King Street East, 4 St. George Street South, and 4 and 6 Queen Street, (Bowmanville) Clarington;
- Appeal #2 – filed by Andrew Rice, owner of 139 and 151 Wellington Street, 194-196, 198, 200, 204, 208, and 212 Church Street, and 35 Scugog Street, (Bowmanville) Clarington (together with Appeal #1 “Rice Appeals”); and
- Appeal #3 – filed by Vanstone, owner of 116 King Street West, (Bowmanville) Clarington (“Vanstone Appeal”).
NOTICE
3A second CMC was scheduled for November 24, 2025, and subsequently adjourned. Accordingly, the Municipality was directed to re-serve notice, and an Affidavit of Service sworn on November 25, 2025, attesting to the giving of notice in relation to this proceeding, was marked as Exhibit 1.
4There were no concerns raised regarding the notice, and the Tribunal was satisfied that proper notice of this CMC had been provided. In this regard, no further notice is required for the appeals.
STATUS REQUESTS
Kristian Shepherd, Nicholas Garacci and Jaime Yamanaka
5Non-appellant Party status requests from Kristian Shepherd and jointly from Nicholas Garacci and Jaime Yamanaka concerning Appeal #2 were deferred at the first CMC pending the framing of the Issues List (“IL”), as the requests are contingent upon the Parties sheltering under one or more of the issues, pursuant to Rule 8.3 of the Tribunal’s Rules of Practice and Procedure (“Rules”).
6Counsel for Mr. Rice sought to have the requests considered at this CMC and for the issues to be sheltered under to be finalized at a third CMC, as scheduled below. No objections were raised.
7As such, the Tribunal granted non-appellant Party status to Kristian Shepherd, and jointly to Nicholas Garacci and Jaime Yamanaka with respect to Appeal #2, with the issues to be sheltered under to be finalized at the third CMC.
Central Lake Ontario Conservation Authority
8The Tribunal was in receipt of a request for non-appellant Party status from Central Lake Ontario Conservation Authority (“CLOCA”) concerning the Vanstone Appeal.
9Counsel for CLOCA submitted that the request comes under Rule 8.3 of the Rules, but that status could be granted under Rule 8.2, as CLOCA is a public body that meets the legislative test necessary to be a party under s. 17 (44.1) of the Act.
10The Tribunal notes that Rule 8.2 of the Rules provides the general mechanism to add a party and, in this instance, Rule 8.3 acts as a limitation on that party’s role. As such, Rule 8.3 would still require CLOCA to shelter under Vanstone’s issues.
11With the agreement of CLOCA, the determination of its status request was deferred to the third CMC, as addressed below in paragraphs [14] to [18].
PROCEDURAL MATTERS
Rice Appeals
12Counsel for the Municipality indicated that no settlement discussions have taken place to date related to the Rice Appeals but that he expects to advance such discussions once the IL is finalized, which is anticipated to occur in January 2026. He does not anticipate the need for Tribunal-led mediation; however, the Parties will make such a request if the need arises.
13Counsel for Mr. Rice confirmed that the Rice Appeals remain not site-specific at this point and will be confirmed in the context of the issues, with the potential to scope the issues once the Municipality provides its comments.
Vanstone Appeal
14Both counsel for Vanstone and the Municipality indicated that they have reached a settlement in principle, with an agreement anticipated to be finalized before the end of the year. Counsel for Vanstone indicated that the settlement documents are anticipated to be filed with the Tribunal and shared with the Parties and with CLOCA by December 20, 2025, providing CLOCA the ability to raise any concerns ahead of the third CMC.
15Counsel for Vanstone submitted that policy 4.2.8 of the Secondary Plan (“Policy 4.2.8”), which directly relates to natural hazard matters of interest to CLOCA, may remain an issue separate from the settlement. She submitted that Policy 4.2.8 would likely be dealt with on a site-specific basis and that Vanstone is not opposed to CLOCA’s request subject to it being scoped to issues related to Policy 4.2.8.
16Counsel for CLOCA submitted that a settlement between Vanstone and the Municipality should not occur without first granting non-appellant Party status to CLOCA. He further submitted that the IL does not include the Vanstone issues, and a non-appellant Party cannot be precluded from obtaining status due to issues not having been identified. He added that the lack of issues on an IL does not equate to the absence of issues, and yet complicates CLOCA’s request for status. In this respect, he submitted that precluding a non-appellant Party from participating due to the lack of an IL would result in an error of law.
17Counsel for CLOCA further submitted that it would not be appropriate to conduct the third CMC as a settlement hearing without CLOCA first being granted non-appellant Party status. He was agreeable to defer the request for status to the third CMC as long as CLOCA’s ability to participate in a settlement between Vanstone and the Municipality would be preserved, noting that the ability for CLOCA to shelter under issues in the settlement cannot be prejudiced.
18The Tribunal notes that granting party status, non-appellant or otherwise, is discretionary. The Tribunal makes no pre‑determination of CLOCA’s request for status, the merits of which are to be considered at the third CMC, independent but in advance of any settlement between Vanstone and the Municipality.
PROCEDURAL ORDER
19The Tribunal was in receipt of a draft Procedural Order (“PO”), with an incomplete IL. The statutory Parties agreed that a third CMC would be required to allow time for further discussions between the Appellants and the Municipality, in an effort to scope and resolve issues, and potentially settle the appeals.
20As such, the Tribunal scheduled a third CMC as set out below, at which time the status requests and the final PO, with a complete IL, are to be considered.
21The Parties to the Rice Appeals are to submit the final draft PO complete with the final IL to the Case Coordinator by Wednesday, January 14, 2026.
NEXT STEPS
22A third CMC is scheduled to commence on Wednesday, January 21, 2026, at 10 a.m. by video conference.
23The Tribunal directs the appellant Parties to provide their IL a minimum of five days in advance of the third CMC.
24Parties 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/519389173
Access code: 519-389-173
25Parties 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
26Persons 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 as indicated above.
27Individuals 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
28THE TRIBUNAL ORDERS THAT:
a) A third Case Management Conference will be held by video hearing as scheduled above;
b) Non-appellant Party status is granted to Kristian Shepherd and jointly to Nicholas Garacci and Jaime Yamanaka with respect to the appeal by Andrew Rice, known as Appeal #2, with the issues to be sheltered under to be finalized at the third Case Management Conference;
c) The non-appellant Party status request by Central Lake Ontario Conservation Authority to the appeal by Vanstone Mill Inc. is deferred to the third Case Management Conference, for consideration in advance of the settlement of the appeal by Vanstone Mill Inc.;
d) The settlement documents for the appeal by Vanstone Mill Inc. are to be filed with the Tribunal and shared with the Parties and with the Central Lake Ontario Conservation Authority by Friday, December 19, 2025; and
e) The Parties to the appeals by Andrew Rice, known as Appeal #1 and Appeal #2, are to submit the final draft Procedural Order with the final Issues List to the Case Coordinator in advance of the third Case Management Conference, as directed above.
29No further notice is required.
30The Member is not seized.
“C.I. Molinari ”
C.I. MOLINARI 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.