Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 05, 2025
CASE NO(S).: OLT-24-000792
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: Carey Homes Inc. and 2467858 Ontario Inc.
Subject: Application to amend the Zoning By-law – Refusal of application
Description: To permit the construction of a 19-unit townhome development
Reference Number: Z18-2023
Property Address: 1020 Walton Avenue N
Municipality/UT: North Perth/Perth
OLT Case No: OLT-24-000792
OLT Lead Case No: OLT-24-000792
OLT Case Name: 2467858 Ontario Inc. v. North Perth (Municipality)
Heard: February 28, 2025 by video hearing
APPEARANCES:
Parties
Carey Homes Inc. 2467858 Ontario Inc.
Counsel
Eric Davis
Municipality of North Perth
Steven O’Melia
MEMORANDUM OF ORAL DECISION DELIVERED BY G.A. CROSER ON FEBRUARY 28, 2025 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”) for an appeal commenced under subsection 34(11) of the Planning Act. The “Applicants”, Carey Homes Inc. and 2467858 Ontario Inc., filed this appeal with the Tribunal after the Municipality of North Perth refused a zoning by-law amendment (“ZBLA”) to facilitate the proposed construction of a 19-unit townhome development at the property known municipally as 1020 Walton Avenue North (“Subject Property”) in the Municipality of North Perth.
2The Tribunal received the Affidavit of Service and marked it as Exhibit 1.
OFFICIAL PLAN AMENDMENT
3A separate appeal was initiated by the Applicants with the Tribunal concerning the required Official Plan amendment (“OPA”) that is also required for the proposed development at the Subject Property. The first CMC for this matter was heard on January 15, 2025 (“OPA CMC”).
PARTICIPANT STATUS REQUESTS
4Mr. Bruce Wight and Mr. Jason Gerber submitted Participant Status requests in advance of the CMC. The Parties raised no concerns with these requests and noted that these individuals had also been granted Participant Status at the OPA CMC.
5The Tribunal granted status to both Mr. Wight and Mr. Gerber.
CONSOLIDATION
6At the OPA CMC, the Tribunal was advised that the County of Perth had withdrawn its objection to the OPA and would not be participating in any hearing events. The Tribunal declined the Applicants request to consolidate the OPA and ZBLA as notice for the ZBLA Appeal had not yet been circulated. A date was set at the OPA CMC for the proposed settlement of the OPA.
7At today’s CMC, the Parties requested that the settlement for both the OPA and ZBLA be heard together on Wednesday, March 12, 2025, the date previously scheduled for the consideration of the proposed OPA settlement. As the administrative requirements have now been met and, in accordance with Rule 16.3 of the Tribunal Rules of Practice and Procedure, the proposed settlement for both the ZBLA and OPA, will be heard concurrently on Wednesday, March 12, 2025.
8The Tribunal reminded the Parties that the expert land use planning evidence to be provided in support of the proposed settlement must address both the OPA and ZBLA as well as the Participant Statements of Mr. Wight and Mr. Gerber that were filed for both the OPA and ZBLA.
MARCH 12 HEARING DETAILS
9The hearing is scheduled to proceed by video on Wednesday, March 12, 2025 at 10 a.m.
10Parties and/or Participants and/or Observers are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/687587165
Access code: 687-587-165
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
12Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to it by calling in to an audio-only telephone line: +1 (647) 497-9373 or (Toll free) 1-888-299-1889. The access code is: 687-587-165.
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 event to ensure that they are properly connected at the correct time. Questions prior to the event may be directed to the Tribunal’s Case Coordinator.
ORDER
14THE TRIBUNAL ORDERS THAT the request is granted and Tribunal File No. OLT-23-000792 and Tribunal File No. OLT-24-000870 shall be heard together, in accordance with Rule 16.3 of the Tribunal’s Rules of Practice and Procedure.
15The Member is not seized.
“G.A. Croser”
G.A. CROSER
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.