Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 26, 2025
CASE NO(S).: OLT-24-001237
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Losani Homes (1998) Ltd.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a residential community with a range and mix of housing types.
Reference Number: PZ-09-22
Property Address: 544 Shellard Lane
Municipality: Brantford
OLT Case No.: OLT-24-001237
OLT Lead Case No.: OLT-24-001237
OLT Case Name: Losani Homes (1998) Ltd. v. Brantford (City)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Losani Homes (1998) Ltd.
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit a residential community with a range and mix of housing types.
Reference Number: 29T-22502
Property Address: 544 Shellard Lane
Municipality: Brantford
OLT Case No.: OLT-24-001238
OLT Lead Case No.: OLT-24-001237
Heard: March 20, 2025 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Losani Homes (1998) Ltd. | Jennifer Meader, Jessica De Marinis |
| City of Brantford | Geoff Daley |
| Shellbrant Developments Ltd. | Meaghan McDermid |
MEMORANDUM OF ORAL DECISION DELIVERED BY T.F. NG ON MARCH 20, 2025 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This event is the first Case Management Conference (“CMC”) for the above-noted matter.
2The Appellant, Losani Homes (1998) Ltd., is appealing the City of Brantford’s (“City”) failure to make a decision within the statutory time frame for a Zoning By-law Amendment application and a draft Plan of Subdivision application regarding property municipally known as 544 Shellard Lane (“Subject Property”), under s.34(11) and s.51(34) of the Planning Act respectively.
3The Affidavit of Service of Notice of CMC on file was marked as Exhibit A.
REQUESTS
4There was a Party status request received from Shellbrant Developments Ltd., an adjacent property owner. Party status was granted by the Tribunal without objections from the Appellant and the City.
DRAFT PROCEDURAL ORDER
5The Appellant’s counsel, Jennifer Meader, informed the Tribunal that they had filed the draft Procedural Order (“PO”) with an Issues List (“IL”) and requested a Hearing to be scheduled. Geoff Daley, counsel for the City, indicated that the City has not provided an IL and that the draft PO is premature as the development proposed by the Appellant included a portion of the City’s lands which are not owned by the Appellant nor currently under any sale to the Appellant. Mr. Daley added that the City may file a motion of dismissal.
6Ms. Meader submitted that the original draft plan did not include the road widening portion along Shellard Lane and the end portion of Street A. Those were included after protracted discussions where the City appeared to concur with the acquisition by the Appellant of those portions for the purpose of the proposed draft plan. She claimed that it is disingenuous for the City to consent to the inclusion of said portions in the draft plan and then threaten to file a dismissal motion. The Appellant will nevertheless amend the draft plan to exclude the City’s portions, which will permit the matter to be adjudicated based on the Appellant’s revised plans.
7Mr. Daley then consented to have a Hearing scheduled provided the revised draft plan, excluding the City’s lands, is furnished within the next few days, and provided the revised IL is forwarded a few weeks thereafter. This is to enable the City to file its issues. Ms. Meader has undertaken to do so.
MEDIATION
8The Parties view that the matter is amenable to mediation and remain open to it.
DISPOSITION
9The Tribunal directed that the revised draft plan be served on all Parties by Thursday, March 27, 2025.
10The Tribunal directed the Parties to file the revised draft PO with deadlines filled in together with the IL by Tuesday, April 22, 2025 to the Case Coordinator.
11The Tribunal will schedule a seven-day Hearing. There will be no further notice, and the Member is not seized.
HEARING
12The Hearing is scheduled to proceed by video from Wednesday, October 15, 2025, at 10 a.m. and continuing until Thursday, October 23, 2025.
13Parties 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/442599157
Access Code: 442-599-157
14Parties 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
15Persons 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) 1-888-455-1389 or +1 (647) 497-9391. The Access Code is as indicated above.
16Individuals 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
17The Tribunal Orders THAT:
a. Shellbrant Developments Ltd. is granted Party status;
b. The Hearing for the appeal is scheduled from Wednesday, October 15, 2025 to Thursday, October 23, 2025; and
c. The Procedural Order be filed, as directed, to govern the proceedings.
“T.F. Ng”
T.F. NG
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.