Ontario Land Tribunal
ISSUE DATE: February 26, 2025
CASE NO.: OLT-24-000570
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Cortel Group Inc. & 283367 Ontario Ltd.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit a 380 unit apartment building and a 808 square metre commercial building.
Reference Number: 02.207
Property Address: 232 Cameron Crescent
Municipality/UT: Georgina/York
OLT Case No.: OLT-24-000570
OLT Lead Case No.: OLT-24-000570
OLT Case Name: Cortel Group Inc. & 283367 Ontario Ltd. v. Georgina (Town)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Cortel Group Inc. & 283367 Ontario Ltd.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a 380 unit apartment building and a 808 square metre commercial building.
Reference Number: 03.1180
Property Address: 232 Cameron Crescent
Municipality/UT: Georgina/York
OLT Case No.: OLT-24-000571
OLT Lead Case No.: OLT-24-000570
OLT Case Name: Cortel Group Inc. & 283367 Ontario Ltd. v. Georgina (Town)
BEFORE:
WILLIAM R. MIDDLETON VICE-CHAIR
Wednesday, the 26th day of February, 2025
THE TRIBUNAL having received a voluminous motion record comprising 560 pages delivered by Cortel Group Inc. & 283367 Ontario Ltd. (“Cortel”) dated February 10, 2025 seeking to, inter alia, strike certain parts of the witness statement of Adrian Litavski and certain parts of the reply witness statement of Paul Demcsak or in the alternative, for leave to file witness statements of Megan Berkers and of Jim Hartman (“Motion”);
AND THE TRIBUNAL having received a responding motion record and notice of cross motion delivered by Town of Georgina dated February 14, 2025 (“Cross-Motion”), and a further reply submission by Cortel dated February 19, 2025;
AND THE TRIBUNAL following review and consideration of all of the materials delivered by the Parties in connection with the Motion, having determined that both the Motion and the Cross-Motion should be granted in part on certain conditions without costs;
AND THE TRIBUNAL having determined that the outcome of its adjudication of the Motion ought to be communicated to the Parties as soon as possible in light of the impending hearing which is scheduled to commence in less than one week on March 4, 2025;
AND THE TRIBUNAL having further determined that while it intends to deliver full reasons for its Decision on the Motion and the Cross-Motion (“Decision”) there is inadequate time before the commencement of the hearing to prepare and issue that Decision and that it is in the best interests of the Parties and would be the most fair, just and expeditious resolution of these matters to release this Interim Order and for the full Decision to be issued at a later date;
THE TRIBUNAL ORDERS THAT:
The motion by Cortel Group Inc. & 283367 Ontario Ltd. (“Cortel”) dated February 10, 2025 as described above (“Motion”) is granted in part as follows: leave is granted to Cortel to file the witness statements of Megan Berkers and of Jim Hartman attached to Cortel’s Motion materials filed, and to call those individuals as witnesses at the hearing of these appeals scheduled to commence on March 4, 2025 (“Hearing”);
The cross-motion by the Town of Georgina (“Town”) dated February 14, 2025 (“Cross-Motion”) is granted in part as follows: leave is granted to the Town to add a witness from the Lake Simcoe Region Conservation Authority to its witness list for the Hearing on condition that it forthwith within 24 hours of the date of this Interim Order provide to Cortel the identify of that witness and to forthwith within 48 hours of the date of this Interim Order to provide a witness statement / written outline of evidence of that witness; and further leave is granted to the Town to call that witness at the Hearing for the sole purpose of responding to the evidence of Megan Berkers and Jim Hartman;
There shall be no costs awarded in respect of the Motion; and
This Vice Chair shall remain seized of any matters or questions arising from this Interim Order that arise prior to the Hearing but shall not be seized in respect of the Hearing.
“Euken Lui”
EUKEN LUI ACTING REGISTRAR
Ontario Land Tribunal
Website: 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.