Ontario Land Tribunal

Tribunal ontarien de l'aménagement du territoire

ISSUE DATE: MARCH 13, 2025

CASE NO.: OLT-24-000956

PROCEEDING COMMENCED UNDER subsections 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant/Appellant: Southside Construction Management Ltd.

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description: To permit the use of a proposed drive-thru restaurant on the subject lands

Reference Number: ZBA9-2024

Property Address: 22226 Adelaide Street

Municipality/UT: Strathroy Caradoc/Middlesex County

OLT Case No.: OLT-24-000956

OLT Case Name: Southside Construction Management Ltd. v. Municipality of Strathroy-Caradoc

BEFORE:

SHARON L. DIONNE MEMBER

Wednesday, the 12th day of March, 2025

THESE MATTERS having come before the Ontario Land Tribunal (the "Tribunal") for a Case Management Conference on January 29, 2025;

AND THE TRIBUNAL having scheduled a hearing of this appeal to commence on Monday, June 9, 2025 at 10 a.m. by video conference;

AND THE TRIBUNAL having considered the draft Procedural Order from the Parties;

THE TRIBUNAL ORDERS THAT:

1. The Procedural Order attached hereto shall govern the conduct of this proceeding.

"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.

ISSUE DATE: MARCH 13 2025 CASE NO(S).: OLT-24-000956

PROCEEDING COMMENCED UNDER subsections 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant/Appellant: Southside Construction Management Ltd.

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description: To permit the use of a proposed drive-thru restaurant on the subject lands

Reference Number: ZBA9-2024

Property Address: 22226 Adelaide Street

Municipality/UT: Strathroy Caradoc/Middlesex County

OLT Case No.: OLT-24-000956

OLT Case Name: Southside Construction Management Ltd. v. Municipality of Strathroy-Caradoc

1. 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 initiative.

Organization of the Hearing

2. The video hearing will begin on June 9, 2025 at 10 a.m., held virtually.

3. The parties' initial estimation for the length of the hearing is 5 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.

4. The parties and participants identified at the case management conference are set out in Attachment 1 (see the sample procedural order for the meaning of these terms).

5. The issues are set out in the Issues List attached as Attachment 2. 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.

6. The order of evidence shall be as set out in Attachment 3 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.

7. 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.

8. 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

9. 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 April 15, 2025 and in accordance with paragraph 22 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.

10. Expert witnesses in the same field shall have a meeting on or before April 16, 2025 and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts' meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before April 21, 2025.

11. 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 13 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.

12. 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 13 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 13 below.

13. On or before April 25, 2025 the parties shall provide copies of their [witness and] expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 22 below.

14. On or before April 25, 2025, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 22 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

15. On or before May 5, 2025 the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

16. On or before May 30, 2025 the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 22 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

17. Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence within ten (10) days after the evidence is received and in accordance with paragraph 22 below.

18. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before May 30, 2025.

19. 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.

20. 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.

21. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before June 2, 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.

22. 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.

23. 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.

TRIBUNAL REGISTRAR

ATTACHMENT 1 – PARTIES AND PARTICIPANTS

PARTIES

1. Appellant – Southside Construction Management Ltd.
2. Municipality – Strathroy Caradoc

PARTICIPANTS

Julie McDonald - juliemcdonald@gmail.com

ATTACHMENT 2 – ISSUES LIST

1. Stormwater Management - Has the Applicant provided a feasible proposal for stormwater management?
2. Sanitary Servicing - Has the Applicant provided a feasible proposal for sanitary servicing?
3. Traffic – Will the ZBA cause unacceptable adverse traffic impacts on Allen Road because of queuing in the drive-thru?
4. Parking – Will the reduction in parking spaces cause unacceptable adverse impacts on surrounding roads?
5. Provincial Planning Statement 2024 - Is the proposed ZBA consistent with the following sections of the Provincial Policy Statement: 2.1.6a, 2.3.1.1, 2.3.1.2, 2.8.1.1, 3.6.1, and 3.6.8.
6. County of Middlesex Official Plan – Does the proposed ZBA conform to the following sections of the County of Middlesex Official Plan: 2.3.8, 2.3.8.1, and 3.2.4.1.
7. Strathroy-Caradoc Official Plan - Does the proposed ZBA conform to the following policies of the Strathroy-Caradoc Official Plan: 4.3.2.1, 4.3.2, 4.3.2.1, 4.3.2.3, 4.3.2.4, 3.3.2.4?

ATTACHMENT 3 – ORDER OF EVIDENCE

1. Appellant – Southside Construction Management Ltd.
2. Municipality – Strathroy-Caradoc
3. Appellant in Reply