Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 7, 2025
CASE NO(S).: OLT-24-000831
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: 1000501983 Ontario Ltd.
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit the development of 26 waterfront residential lots
Reference Number: 47T24001
Property Address: 322 Lower Spruce Hedge Road
Municipality/UT: Greater Madawaska/Renfrew County
OLT Case No.: OLT-24-000831
OLT Case Name: 1000501983 Ontario Ltd. v. County of Renfrew
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: 1000501983 Ontario Ltd.
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit the development of 26 waterfront residential lots
Reference Number: 47CD24002
Property Address: 322 Lower Spruce Hedge Road
Municipality/UT: Greater Madawaska/Renfrew County
OLT Case No.: OLT-24-000872
Heard: January 15, 2025, by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| 1000501983 Ontario Ltd. | E. Bratton D. Bellinger (in absentia) |
| County of Renfrew Township of Greater Madawaska Township of McNabb/Braeside |
A. Donaldson G. Meeds (in absentia) T. Fleming E. Blanchard |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. DEBOER ON JANUARY 15, 2025 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 appeal by 1000501983 Ontario Ltd. (“River Lane Estates” or “Appellant”) pursuant to s. 51(34) of the Planning Act, due to the County of Renfrew’s (“County”) failure to make a decision within the statutory timelines on the proposed Draft Plan of Subdivision application, for the property municipally known as 322 Lower Spruce Hedge Road in the County of Renfrew (“Subject Lands”).
2The purpose of the CMC was to consider requests for Party or Participant Status, consider the proposed Procedural Order, and to set a date for the Merit Hearing.
3The Tribunal noted that there were four separate Affidavits of Service of Notice provided. The first Affidavit of Service was sworn by Elizabeth Mararetha Bratton dated December 13, 2024, and was circulated to all relevant persons within the notification area and was marked as Exhibit 1a to the CMC. The second Affidavit of Service was sworn by Elizabeth Mararetha Bratton dated December 16, 2024, and was specifically sent to the Ministry of Natural Resources and was marked as Exhibit 1b to the CMC. The third Affidavit of Service was sworn by Tim Courtney dated December 16, 2024, was hand delivered to Robert Tippins and marked as Exhibit 1c to the CMC. The fourth Affidavit of Service was sworn by Tim Courtney dated December 16, 2024, was hand delivered to Gloria Tippins and marked as Exhibit 1d to the CMC. The Tribunal was satisfied with the Affidavits of Service of Notice, and the Tribunal ruled that no further Notice will be necessary.
BACKGROUND
4The Subject Lands are approximately 19.85 hectares in total area with an approximate frontage of 1,657 metres on the south side of the Madawaska River. The purpose of the application is to facilitate the development of 26 waterfront residential lots, with each lot having frontage on the Madawaska River.
STATUS REQUESTS
5The Tribunal received one Party Status request prior to the CMC, that of the Township of McNabb/Braeside. The Tribunal canvassed the Parties concerning the request of the Township of McNabb/Braeside. There were no objections from the other Parties, as such, the Tribunal ruled that the Township of McNabb/Braeside met the requirements of Party Status as it is the adjacent Municipality to the Subject Lands.
6Prior to the CMC, the Tribunal received one Participant Status request, that of Robert and Gloria Tippins. The Tribunal granted the request with no objection from the Parties. 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 not at a point of needing Tribunal-led mediation at this time. However, the Parties are aware of its availability and would contact the Case Coordinator if they felt it would help with the resolution process.
PROCEDURAL ORDER AND ISSUES LIST
8The Tribunal has received and reviewed the draft Procedural Order including the agreed upon Issues List. The Tribunal approves of its contents and the attached Procedural Order will govern the events leading up to and including the Merits Hearing.
SCHEDULING OF HEARING
9Based on the number of witnesses the Parties intend to call, the Tribunal has scheduled a Merits Hearing that will occur by video hearing beginning on Monday, July 14, 2025, at 10 a.m. for a duration of four days.
10Parties and Participants are asked to log into the Video Hearing at least 15 minutes before the start of the event to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/519389173
Access code: 519-389-173
11Parties and/or Participants 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
12Parties and/or Participants who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: (Toll Free) 1-888-299-1889 or +1 (647) 497-9373. The access code is same as mentioned above.
13Individuals 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 Hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the Hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
14THE TRIBUNAL ORDERS THAT a Merits Hearing will commence by Video Hearing on Monday, July 14, 2025, at 10 a.m. for a duration of four days.
15THE TRIBUAL FURTHER ORDERS THAT the attached Procedural Order is to govern the procedures leading up to and including the Video Hearing. The Procedural Order as set out in Schedule 1 below is in full force and effect on the issue date of this Order.
16The Member is not seized but may be spoken to if procedural issues arise.
“S. deBoer”
S. DEBOER
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.
Schedule 1
Ontario Land Tribunal No. 24-000831/ 24-000872
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: 1000501983 Ontario Ltd.
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit the development of 26 waterfront residential lots
Reference Number: 47T24001
Property Address: 322 Lower Spruce Hedge Road
Municipality/UT: Greater Madawska/Renfrew County
OLT Case No.: OLT-24-000831
OLT Case Name: 1000501983 Ontario Ltd. v. County of Renfrew
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: 1000501983 Ontario Ltd.
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit the development of 26 waterfront residential lots
Reference Number: 47CD24002
Property Address: 322 Lower Spruce Hedge Road
Municipality/UT: Greater Madawska/Renfrew County
OLT Case No.: OLT-24-000872
OLT Lead Case No.: OLT-24-000831
OLT Case Name: 1000501983 Ontario Ltd. v. County of Renfrew
BETWEEN:
1000501983 ONTARIO LTD. O/A RIVER LANE ESTATES
Appellant/Applicant
-and-
COUNTY OF RENFREW
Respondent
PROCEDURAL ORDER
- The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties’ request or its own motion.
Organization of the Hearing
The video hearing will begin on July 14, 2025, at 10 a.m. by Video Conference.
The parties’ initial estimation for the length of the hearing is 4 days. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.
The parties and participants identified at the case management conference are set out in Attachment 1 and Attachment 2 (see the meaning of these terms in Attachment 4).
The issues are set out in the Issues List attached as Attachment 3. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.
The order of evidence shall be as set out in Attachment 5 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.
Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.
Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website.
Requirements Before the Hearing
A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of the witnesses and the order in which they will be called. This list must be delivered on or before March 1, 2025, and in accordance with paragraph 21 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.
An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 12 below. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.
Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s evidence as in paragraph 12 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 12 below.
On or before May 15, 2025, the parties shall provide copies of their [witness and] expert witness statements to the other parties and to the OLT case coordinator and in accordance with paragraph 21 below.
On or before May 30, 2025, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 21 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.
On or before June 9, 2025, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
On or before June 9, 2025, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 21 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.
Parties may provide to all other parties and the OLT case coordinator a written response to any written evidence within 30 days after the evidence is received and in accordance with paragraph 21 below.
The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case coordinator on or before June 27, 2025.
A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.
A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.
The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before July 7, 2025 with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.
All filings shall be submitted electronically unless otherwise directed. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7.
No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.
A summary of the various procedural dates are contained in Attachment 6.
This Member is not seized.
So orders the Tribunal.
MEMBER:
ISSUE DATE:
Attachment “1”
List of Parties
1000501983 Ontario Ltd.
The County of Renfrew
The Township of McNab/Braeside
The Township of Greater Madawaska
Attachment “2”
List of Participants
Robert and Gloria Tippins
Attachment “3”
Issues List
Is the proposed subdivision premature or in the public interest?
Are the highways linking the highways in the proposed subdivision (specifically the unopened road allowance/ Pasco Road and the section of Lower Spruce Hedge Road from Pasco Road / the unopened road allowance to its intersection with Burnstown Road) with the highway system in the vicinity adequate?
To what standard should highways linking the highways in the proposed subdivision (specifically the unopened road allowance/ Pasco Road and the section of Lower Spruce Hedge Road from Pasco Road / the unopened road allowance to its intersection with Burnstown Road) with the highway system in the vicinity be improved or maintained?
Attachment “4”
Meaning of terms used in the Procedural Order:
A party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other parties, and making submissions on all of the evidence. An unincorporated group cannot be a party and it must appoint one person to speak for it, and that person must accept the other responsibilities of a party as set out in the Order. Parties do not have to be represented by a lawyer and may have an agent speak for them. The agent must have written authorisation from the party.
NOTE that a person who wishes to become a party before or at the hearing, and who did not request this at the case management conference (CMC), must ask the Tribunal to permit this.
A participant is an individual or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a party may do so). Section 17 of the Ontario Land Tribunal Act states that a person who is not a party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A participant may also be asked questions by the parties should the Tribunal direct a participant to attend a hearing to answer questions on the content of their written submission.
A participant must be identified and be accorded participant status by the Tribunal at the CMC. A participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A participant cannot ask for costs, or review of a decision, as a participant does not have the rights of a party to make such requests of the Tribunal.
Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party or participant intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.
Visual evidence includes photographs, maps, videos, models, and overlays which a party or participant intends to present as evidence at the hearing.
A witness statement is a short written outline of the person’s background, experience and interest in the matter; a list of the issues which he or she will discuss ; and a list of reports or materials that the witness will rely on at the hearing.
An expert witness statement should include his or her (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness’ opinions on those issues and the complete reasons supporting their opinions and conclusions and (5) a list of reports or materials that the witness will rely on at the hearing. An expert witness statement must be accompanied by an acknowledgement of expert’s duty.
A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a statement of the participant’s position on the appeal; a list of the issues which the participant wishes to address and the submissions of the participant on those issues; and a list of reports or materials, if any, which the participant wishes to refer to in their statement.
Additional Information
A summons may compel the appearance of a person before the Tribunal who has not agreed to appear as a witness. A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons through a request. (See Rule 13 on the summons procedure.) The request should indicate how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the information provided in the request that the evidence is relevant, necessary or admissible, the party requesting the summons may provide a further request with more detail or bring a motion in accordance with the Rules.
The order of examination of witnesses is usually direct examination, cross-examination and re-examination in the following way:
- direct examination by the party presenting the witness;
- direct examination by any party of similar interest, in the manner determined by the Tribunal;
- cross-examination by parties of opposite interest;
- re-examination by the party presenting the witness; or
- another order of examination mutually agreed among the parties or directed by the Tribunal.
Attachment “5”
Order of Evidence
- 1000501983 Ontario Ltd. o/a River Lane Estates
- Township of Greater Madawaska
- Township of McNab/Braeside
- County of Renfrew
- 1000501983 Ontario Ltd. o/a River Lane Estates
Attachment “6”
| Deadline | Summary of Dates |
|---|---|
| March 1, 2025 | Parties’ List of Witness in order of being called and copy of Curriculum Vitae |
| May 15, 2025 | Parties’ List of Expert Witness and Expert Witness’s Statement |
| May 30, 2025 | Copy of Participants’ Statement |
| June 9, 2025 | Parties’ confirmation on reserved Hearing Date |
| June 9, 2025 | Parties’ Visual Evidence |
| June 27, 2025 | Joint Document Book |
| July 7, 2025 | Parties’ Preliminary Hearing Plan |
| July 14-18, 2025 | Hearing commences (4 days) |