Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 26, 2025
CASE NO(S).: OLT-24-001155
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant: 1732216 Ontario Ltd. Appellant: 2602151 Ontario Inc. Subject: Proposed Official Plan Amendment Description: To appeal the OPA 57 regarding the adaptation of Stewarttown Secondary Plan Reference Number: OPA 57 Property Address: 12399 15th Sideroad Municipality/UT: Halton Hills/Halton OLT Case No: OLT-24-001155 OLT Case Name: 1732216 Ontario Ltd. v. Halton Hills (Town)
Heard: February 13, 2025, by Video Hearing
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| 1732216 Ontario Ltd., 2602151 Ontario Inc. | I. Kagan, S. Kagan |
| Town of Halton Hills | D. Germain, J. Goraya |
| Stewarttown Community Association | S. Marcurio* |
MEMORANDUM OF ORAL DECISION DELIVERED ON FEBRUARY 13, 2025, BY S. DEBOER AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision arises from the first Case Management Conference (“CMC”) held in preparation for a Hearing of the Merits of the appeals by 1732216 Ontario Ltd. and 2602151 Ontario Inc. (Appellants”) pursuant to s.17(24) of the Planning Act due to the Town of Halton Hills’ approval of Official Plan Amendment Number 57 (“OPA 57”). The purpose of OPA 57 is to establish a Secondary Plan for the Stewarttown Area with appropriate land use designations and policies to guide future developments of the lands within the Stewarttown Area.
2The purpose of the CMC was to consider requests for Party or Participant status and obtain an update from the Parties regarding mediation or settlement discussions.
3At the commencement of the CMC, the Tribunal approved and marked the Affidavit of Service of Notice by Valerie Petryniak dated January 2, 2025, as Exhibit 1 to the Hearing. Since the Tribunal was satisfied with the Affidavit of Service of Notice, the Tribunal ruled that no further Notice would be necessary.
BACKGROUND
4OPA 57 is predominantly located west of Trafalgar Road, between 15 Side Road and Maple Avenue, and the CN rail line. The area is made up of the former Hamlet of Stewarttown and adjacent expansion lands to the southwest. The former hamlet is made up of the historic core area (Stewarttown Road and Mill Pond Drive), and more recently established Harrison Place and Thompson Drive to the north, Black Creek Court to the south, and Chantelay Crescent to the east. The expansion lands include both a Natural Heritage System, and approximately 17 hectares of land currently used for agricultural purposes. The Appellants own lands within the Stewarttown Secondary Plan Area.
STATUS REQUESTS
5The Tribunal received one Party request prior to the CMC, that of the Stewattown Community Association (“SCA”). The Tribunal canvassed the Parties concerning the request of the SCA. The Tribunal ruled that the SCA met the requirements of Party status and granted the requested Party Status.
6Prior to the CMC, the Tribunal was made aware of one Participant Status request, that of Don Beatty. The Parties agreed that the Participant Status and statement should be allowed. After review, the Tribunal approved the Participant Status of Mr. Beatty. This Participant Statement will be considered in the course of the Merits Hearing. No other persons requested Participant Status.
OPPORTUNITIES FOR RESOLUTION
7The Tribunal canvassed the Parties with respect to opportunities for settlement, including the use of Tribunal-led mediation. The Parties stated that they are aware of Tribunal-led mediation and a mediation assessment has been scheduled by the Tribunal’s mediation team. Since a mediation assessment has been scheduled, it was the request of the Parties that the Tribunal adjourn this matter sine die until the mediation process is completed. The Tribunal agreed with the Parties that adjourning the matter at this time would be prudent until the mediation process has been completed. The Parties are further directed to request a CMC through the Case Coordinator once the mediation process has been completed.
ORDER
8THE TRIBUNAL ORDERS its directions listed above.
9The Member is not seized but may be spoken to if procedural issues arise.
“S. deBoer”
S. DEBOER MEMBER
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.