Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 14, 2025
CASE NO(S).: OLT-24-001224
PROCEEDING COMMENCED UNDER subsection 17(24) and 17(49.6) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: TWTH Development Inc.
Applicant: Evans Planning
Subject: Application to amend the Official Plan – failure to make a decision
Description: To facilitate the development of 33 single-detached residential units
Reference Number: OPA-2023-02
Property Address: 252 -272 Old Bloomington Road (Lot 6 and Part of Lot 7, Registered Plan 166)
Municipality/UT: Aurora/York
OLT Case No: OLT-24-001224
OLT Lead Case No: OLT-24-001224
OLT Case Name: TWTH Development Inc. v. Aurora (Town)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To facilitate the development of 33 single-detached residential units
Reference Number: ZBA-2023-02
Property Address: 252 - 272 Old Bloomington Road (Lot 6 and Part of Lot 7, Registered Plan 166)
Municipality/UT: Aurora/York
OLT Case No: OLT-24-001225
OLT Lead Case No: OLT-24-001224
OLT Case Name: TWTH Development Inc. v. Aurora (Town)
PROCEEDING COMMENCED UNDER section 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To facilitate the development of 33 single-detached residential units
Reference Number: SUB-2023-02
Property Address: 252 - 272 Old Bloomington Road (Lot 6 and Part of Lot 7, Registered Plan 166)
Municipality/UT: Aurora/York
OLT Case No: OLT-24-001226
OLT Lead Case No: OLT-24-001224
OLT Case Name: TWTH Development Inc. v. Aurora (Town)
Heard: March 05, 2025 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| TWTH Development Inc. | Russell Cheeseman, Stephanie Fleming |
| Town of Aurora | Patricia De Sario |
MEMORANDUM OF ORAL DECISION DELIVERED BY G.A. CROSER ON MARCH 5 2025 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”) with respect to appeals filed by TWTH Development Inc. (“Applicant”) concerning the non-decision by the Town of Aurora (“Town”) on applications for an Official Plan Amendment, Zoning By-law Amendment and proposed Draft Plan of Subdivision made pursuant to sections 17(24), 17(49.6), 34(11) and 51(34) of the Planning Act respectively. These applications are required to facilitate the construction of single detached residential units located on the property known municipally as 252 – 272 Old Bloomington Road (“Subject Property”)
2The Tribunal reviewed the Affidavit of Service and marked it as Exhibit 1 of this CMC.
PROCEDURAL ORDER AND ISSUES LIST
3A draft Procedural Order was provided by the Applicant in advance of the CMC. The Tribunal inquired with the Town with respect to an Issues List. Ms. De Sario confirmed that one had not yet been prepared and that instructions from Council on its contents would not be received until the Town’s April council meeting.
4It was decided that a second CMC be scheduled to provide the Town with sufficient time to produce an Issues List. An updated Procedural Order are to be provided to the Tribunal by the date of the second CMC.
5The Tribunal agreed to set hearing dates in this matter to ensure that this matter continues to move forward. Hearing dates were scheduled beginning on Monday, September 15 and ending on Friday, September 26. This will provide a sufficient runway for the Parties to potentially scope the outstanding issues, engage in mediation – if agreed upon by both Parties, and schedule any experts that would be required for a hearing on the merits.
6The Parties were reminded about the availability of Tribunal-led mediation in either resolving the Appeals or narrowing the issues. If the Parties can resolve any aspect of the Appeals which would narrow the time needed for the Hearing, the Parties are directed to immediately inform the Case Coordinator to release those dates to ensure they are available for other matters.
PARTY AND PARTICIPANT STATUS REQUESTS
7Ms. Rosemary Humphries appeared on behalf of Antonio Ranieri and Nikan Holdings, which own properties located at 216 and 244 Old Bloomington Road. Ms. Humphries noted that submissions had been made at both public meetings, that her client has a right of way over the Subject Lands and had concerns with respect to the pattern and form of the proposed development.
8The Town had no concerns with respect to the granting of Party status to A. Ranieri and Nikan Holdings. Mr. Russell Cheeseman, on behalf of the Applicants, informed the Tribunal that the Appeals did not impact the right-of-way and that this was not a proper planning concern.
9The Tribunal deferred a decision on the granting of status to A. Ranieri and Nikan Holdings until the second CMC. In accordance with Rule 8.3 of the Tribunal’s Rules of Practice and Procedure, a non-appellant party may only participate in appeals of a municipal decisions by sheltering under an issue raised in appeal by an appellant party. As the Town has not provided an Issues List, no decision can be made on the granting of status until it is understood what issues will be “sheltering” the non-appellant party.
10Mr. John Green forwarded a Participant Status Request form to the Tribunal but did not appear at the CMC. Mr. Warren McClure forwarded a letter of objection to the Tribunal with respect to the Appeals but had not completed the appropriate documentation for Participant Status. Neither attended the CMC.
11The Notice of CMC requires the appearance of anyone requesting status to provide the Tribunal and the Parties an opportunity to make inquiries, seek clarification, or object to such requests. As neither Mr. Green nor Mr. McClure attended today’s CMC, the Tribunal declined to grant either with Participant Status. However, as a second CMC has been scheduled for these appeals, these individuals may attend the second CMC and request status at that event.
HEARINGS
12The second CMC is scheduled for Thursday, April 24, 2025, at 10 a.m. by Video Hearing
13The hearing of these appeals is scheduled for 10 days starting on Monday, September 15, 2025, at 10:00 a.m. to Friday, September 26, 2025 5:00 p.m by Video Hearing
14The hearings are scheduled to proceed by Video Hearing as follows:
Thursday, April 24, 2025, at 10:00 a.m. one day CMC GoTo Meeting: https://global.gotomeeting.com/join/979388733; Access code: 979-388-733 Audio-only telephone line: 1-888-299-1889 or 1 (647) 497-9373 Audio-only access code: 979-388-733
Friday, September 15, 2025, at 10:00 a.m. 10 days Merit Hearing GoTo Meeting: https://global.gotomeeting.com/join/692665589; Access code: 692-665-589 Audio-only telephone line: 1-888-299-1889 or 1 (647) 497-9373 Audio-only access code: 692-665-589
15Parties 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:
16Parties and 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 GoToMeeting, or a web application is available: https://app.gotomeeting.com/home.html
17Persons 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.
18Individuals 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 events may be directed to the Tribunal’s Case Coordinator having carriage of this Case.
ORDER
19THE TRIBUNAL ORDERS THAT:
a. A second Case Management Conference is scheduled as directed above.
b. A ten-day hearing is scheduled as directed above.
c. An updated Procedural Order are to be provided to the Tribunal in advance of the second Case Management Conference.
20The Member will remain available for continued case management to the extent that the Tribunal calendar permits.
“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.