ISSUE DATE: February 27, 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
Thursday, the 27th day of February, 2025
THE TRIBUNAL having received a motion record delivered by the Town of Georgina dated February 21, 2025 seeking to on the first day of the hearing of the above-noted appeals, being March 4, 2025, commence a motion to, inter alia, strike the expert evidence of Eldon Theodore and to preclude him from testifying at that hearing (“Motion”);
AND THE TRIBUNAL having received a responding motion record delivered by Cortel Group Inc. & 283367 Ontario Ltd. dated February 26, 2025, and having provided an opportunity for a further reply submission by the Town, both as directed by the Tribunal;
AND THE TRIBUNAL following review and consideration of all of the materials delivered by the Parties in connection with the Motion, having determined that the Motion should be dismissed 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 to dismiss the Motion without costs (“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 dated February 21, 2025 of the Town of Georgina (“Town”) as described above (“Motion”) is dismissed;
There shall be no costs awarded in respect of the Motion;
At the hearing of these appeals now scheduled to commence on March 4, 2025 (“Hearing”), the Town shall not be permitted to rely on the same grounds set out in the Motion to seek an Order limiting, or excluding the evidence of Eldon Theodore;
At the discretion of the Tribunal Member presiding at the Hearing, and subject to the Tribunal’s Rules of Practice and Procedure, the Town may: (a) challenge the qualifications of Eldon Theodore to testify as an independent expert witness on different grounds; and/or (b) bring a fresh motion based on different grounds to limit or exclude the evidence of Eldon Theodore and/or to preclude him from testifying;
For clarity, subject to the discretion of the Tribunal Member presiding at the Hearing, the counsel for the Town shall be permitted to conduct a cross-examination of Eldon Theodore in accordance with the provisions of the Tribunal’s Rules of Practice and Procedure on any information set out in the materials of the Town and of Cortel Group Inc. & 283367 Ontario Ltd delivered in connection with 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.