Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 26, 2025
CASE NO(S).: OLT-21-001535
PROCEEDING COMMENCED UNDER section 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: 6324223 Canada Inc
Appellant: Don Jerry, Terry Breedon & Paul Reid
Subject: Zoning By-law Amendment
Description: To permit implementation of comprehensive By-law No. 2021-128
Reference Number: BL 2021-128
Property Address: Town Wide
Municipality/UT: New Tecumseth/Simcoe
OLT Case No: OLT-21-001535
OLT Lead Case No: OLT-21-001535
OLT Case Name: 6324223 Canada Inc. et. al v. New Tecumseth (Town)
Heard: February 13, 2025 by Video Hearing
APPEARANCES:
Parties
Counsel
6324223 Canada Inc.
J. Piersanti
Town of New Tecumseth
J. Feehely
MEMORANDUM OF ORAL DECISION DELIVERED BY C. HARDY ON FEBRUARY 13, 2025
INTRODUCTION
1This is a further Case Management Conference (“CMC”) conducted in these proceedings before the Tribunal concerning an appeal brought by 6324223 Canada Inc. (“Appellant”) pursuant to section 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended (“Act”) relating to the passing of Zoning By-law No. 2021-128 (“ZBL”) by the Town of New Tecumseth (“Town”). The comprehensive ZBL was updated to conform to the Town Official Plan, County of Simcoe Official Plan and Provincial legislation. The Appellant appealed the ZBL on a site specific basis relating to the property located at 689 Victoria Street East.
2The appeals were originally filed by two Appellants (6324223 Canada Inc, and Don Jerry, Terry Breedon and Paul Reid) and raise site specific matters relating to each Appellant’s property. At the first CMC, the Parties requested that the Tribunal phase the two appeals to ensure a more efficient process. The Tribunal agreed with the approach and the phasing of the appeals was formalized by the Tribunal at the third CMC.
3The Appellant’s appeal had been scheduled for one-day Hearing events on two different occasions, both of which were converted to CMCs due to ongoing discussions between the Parties.
STATUS UPDATE
4Justin Piersanti, Counsel for the Appellant, advised that the Parties have had ongoing discussions over the years, and Mr. Piersanti believes what remains to be agreed upon are minor changes required by the Town. Mr. Piersanti advised that the Parties intend to have a full meeting in the near future to continue discussions towards settlement of the outstanding issues. James Feehley, Counsel for the Town, agreed with the approach suggested by the Appellant’s Counsel.
5In advance of the CMC, the Parties indicated their intention to request a further CMC in the fall of 2025 to either approve a settlement or set a Hearing date if the Parties are unable to reach an agreement. The Tribunal declined to set a further appearance noting that once the Parties determine whether they have a settlement, they can request a date from the Case Coordinator. Further, the Tribunal indicated if the Parties reach a settlement, the Hearing to consider the settlement proposal could proceed in writing as opposed to requiring a further appearance. The Parties were content with the Tribunal’s suggested way to proceed and will contact the Case Coordinator when they require the Tribunal’s assistance.
6The Member is not seized, however, will remain available for case management, subject to the Tribunal’s calendar.
“C. Hardy”
c. hardy
VICE CHAIR
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.