ISSUE DATE:
January 16, 2025
CASE NO.:
OLT-21-001564 OLT-21-001565
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Telephone City Aggregates Inc. Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit a 390 unit residential development including detached dwellings and multiple residential dwellings Reference Number: ZBA5/14/MD Property Address: Part of Lots 13-16, Concession 1 Municipality/UT: Brantford/Brant OLT Case No: OLT-21-001564 OLT Lead Case No: OLT-21-001564 OLT Case Name: Telephone City Aggregates Inc. v. Brant (County)
PROCEEDING COMMENCED UNDER section 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Telephone City Aggregates Inc. Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision Description: To permit a 390 unit residential development including detached dwellings and multiple residential dwellings Reference Number: PS1/14/MD Property Address: Part of Lots 13-16, Concession 1 Municipality/UT: Brantford/Brant OLT Case No: OLT-21-001565 OLT Lead Case No: OLT-21-001564
BEFORE: F. LAVOIE "F. Lavoie" MEMBER Thursday, the 16th day of January, 2025
THE TRIBUNAL ORDERS that further to the Decision issued on November 08, 2024, the Procedural Order, as agreed to between the Parties and attached hereto as Schedule "A", shall be in force and effect for the purpose of governing the required procedures leading up to and including the hearing, which is scheduled to commence on Monday, August 18, 2025 at 10 a.m., by Video Hearing. The Tribunal has set aside 5 days for the hearing.
"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.
Ontario Land Tribunals
Local Planning Appeal Tribunal 655 Bay Street, Suite 1500 Toronto ON M5G 1E5 Telephone: (416) 212-6349 Toll free: 1-866-448-2248 Website: olt.gov.on.ca
Tribunaux de l'aménagement du territoire Ontario
Tribunal d'appel de l'aménagement local 655 rue Bay, bureau 1500 Toronto ON M5G 1E5 Téléphone: (416) 212-6349 Sans Frais: 1-866-448-2248 Site Web : olt.gov.on.ca
ISSUE DATE:
CASE NO(S).: OLT-21-001564 & OLT-21-001565
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: Telephone City Aggregates Inc. Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision To permit a 390 unit residential development Description: including detached dwellings and multiple residential dwellings Reference Number: ZBA5/14/MD Property Address: Part of Lots 13-16, Concession 1 Municipality/UT: Brantford/Brant OLT Case No: OLT-21-001564 OLT Lead Case No: OLT-21-001564 OLT Case Name: Telephone City Aggregates Inc. v. Brant (County)
PROCEEDING COMMENCED UNDER section 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Telephone City Aggregates Inc. Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision To permit a 390 unit residential development Description: including detached dwellings and multiple residential dwellings Reference Number: PS1/14/MD Property Address: Part of Lots 13-16, Concession 1 Municipality/UT: Brantford/Brant OLT Case No: OLT-21-001565 OLT Lead Case No: OLT-21-001564
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 hearing will begin on August 18, 2025 at 10:00 a.m.
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.
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).
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.
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. 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.
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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 Monday, May 30, 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.
After Witness Statements have been provided as referenced in paragraph 11, expert witnesses in the same field shall have a meeting on or before Monday, June 13, 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 Friday, June 27, 2025.
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.
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.
On or before Friday, July 11, 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.
On or before Friday, July 11, 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.
On or before Friday, July 18, 2025, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
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On or before Friday, August 8, 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.
Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence on or before Friday, August 8, 2025 and in accordance with paragraph 22 below.
The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before Monday, August 11, 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 Monday, August 11, 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 and in hard copy. 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.
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This Member is [not] seized. So orders the Tribunal.
BEFORE:
Name of Member:
Date:
TRIBUNAL REGISTRAR
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ATTACHMENT "1"
List of Parties and Participants
PARTIES
- Telephone City Aggregates Inc. As represented by:
Shelley Kaufman E: skaufman@tmalaw.ca
Scott Snider E: ssnider@tmalaw.ca
TMA Law 25 Main Street West, Suite 2010 Hamilton, ON L8P 1H1 T: 905.529.3476
- County of Brant As represented by:
David Tang E: dtang@millerthomson.com
Thomas Sanderson E: tsanderson@millerthomson.com
Miller Thomson LLP 40 King Street West, Suite 5800 Toronto, ON M5H 3S1 T: 416.597.6047
- Laura Shoots on behalf of the Curtis Avenue South Members As represented by:
Alex Ciccone E: aciccone@garrodpickfield.ca
Garrod Pickfield LLP Environmental, Municipal and Planning Law 9 Norwich Street W. Guelph, ON N1H 2G8 T : 519.778.4247/519.837.0500 F : 519.763.2204
PARTICIPANTS
Angela Bout boutangela@gmail.com Carly Northey carlynorthey@gmail.com Deanna Poechman Deanna.poechman@sympatico.ca Donna and Dennis McKinna Kostiantyn Kumynskyi kistik@gmail.com Mark and Krista Arndt Norma Cavan and Tom Isotamm normacavan1@hotmail.com Heather and Robert Ruttan hruttan@sea-haven.net Ronald, Jennifer and Emily Walls clinejl@yahoo.com Wayne Fyffe wfyffe@rogers.com
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ATTACHMENT "2"
Issues List
Do the proposed plan of subdivision and related proposed zoning by-law amendment have appropriate regard for the matters of provincial interest set out in section 2 of the Planning Act, R.S.O. 1990, c. P. 13, as amended, including s.2 (a), (b), (c), (d), (f), (h), (i), (j), (l), (m), (n), (o), (p), (q), (e)?
Does the proposed plan of subdivision have appropriate regard between other criteria and matters to the health, safety, convenience, accessibility for persons with disabilities and welfare of the present and future inhabitants of the municipality required to be considered pursuant to section 51(24) of the Planning Act?
Are the Applications consistent with Provincial Planning Statement 2024 including policies 2.2.1; 2.3.1.1; 2.3.1.1.2 (a)-(d); 2.3.1.3; 2.3.1.4; 2.3.1.5; 2.3.1.6; 2.3.2; 2.4; 2.5; 2.6; 2.9.1; 3.1; 3.2; 3.3; 3.5.1; 3.5.2; 3.6.1; 3.6.2; 3.6.8; 3.9; 4.1; 4.2.1; 4.2.2; 4.3; 4.5.2; 4.5.3; 4.5.4; 4.6; 5.1; 5.2; 5.3; 6.1; 6.2?
Do the Applications conform with the County of Brant Official Plan (2012), including policies 1.11.2.2.1; 1.11.2.2.2; 1.11.2.4.1; 1.11.2.4.2; 1.11.2.5.1; 1.11.2.5.2; 1.11.6.2 j); 1.11.2.7.2; 1.11.2.8; 1.11.2.9; 1.11.2.10; 2.2.2.2; 2.2.2.3; 2.2.3.1; 2.2.3.1.1; 2.2.4; 2.3.2; 2.3.3; 2.3.4.2; 2.3.5.1.1; 2.3.5.2; 2.3.5.3; 2.4.1; 2.4.2; 2.4.3; 2.7.2; 2.7.4; 2.7.5; 2.7.6.1; 2.7.6.2; 2.7.6.3; 3.2; 3.4.1; 3.4.2; 3.4.3; 3.4.4; 3.4.5; 3.15; 3.16; 4.2.16 (SSPA 16); 5.2.1; 5.2.2; 5.2.3.1; 5.2.3.2; 5.2.4; 5.3.1; 5.3.2; 5.3.2.1.2; 5.3.2.1.4; 5.3.2.1.7; 5.3.4; 5.3.5; 5.4; 5.5; 6.5.1; 6.6; Schedules A, A-1, B, C, C-1, D, E; Appendix A?
Is the form of the proposed Zoning By-law Amendment appropriate, with or without use of Holding Symbols and provisions, and does the proposed Zoning By-law Amendment conform with applicable planning policies and provide for appropriate land uses, densities, lot and block areas and frontages, setbacks, built form, landscape open space, parking, land use compatibility, natural heritage protection, hazard mitigation, and all matters under the Planning Act?
What other existing or proposed public road or access to and from the proposed plan of subdivision may be appropriate or needed, if any?
Given the existing capacity of the Paris Water Supply and Wastewater Treatment Systems, is the Application premature until the County of Brant has established the schedule regarding timing of additional residential development in the Paris Urban Settlement Area?
Does the proposed residential plan of subdivision comply with the approved Rehabilitation Plan for the licenced Nemeth Pit? If not, how is this to be addressed?
Is the proposed plan of subdivision supported by the results of an appropriate Environmental Impact Study, Slope Stability Study (particularly with respect to the Grand River tributary within the subdivision lands) and Storm Water Management Plan for consideration and review of natural heritage features and functions, natural hazards, and wetlands, and water quantity/quality by the County of Brant and the Grand River Conservation Authority?
With Respect to Curtis Ave South
a. Will the use of Curtis Avenue as a second access to the proposed development, including modifications to calm traffic and encourage use of the primary access, result in unacceptable traffic impacts on Curtis Avenue? If so, can such impacts be managed with further improvements and modifications, such as potential road widening or sidewalk installation?
b. Will increased traffic or modifications to the road to accommodate increased traffic, (potentially including construction traffic) along Curtis Avenue South as a result of the proposed development, result in unacceptable slope instability issues between Curtis Avenue South and the Grand River?
c. If it is determined that Curtis Avenue South cannot be used for that connection, is there an alternative subdivision plan which can be approved which provides two adequate and appropriate connections, including a potential emergency access connection, between the proposed development and the surrounding road network?
Is the proposed plan of subdivision supported by the results of the Appellant's consultation with the Grand Valley Trail Association, regarding the location of existing public trails on and/or adjacent to the Subject Property with respect to potential impacts on the Trail System?
If the proposed planning Applications are approved in whole or in part, what are the zoning provisions and/or agreements that are necessary to ensure orderly development?
If the proposed planning Applications are approved in whole or in part, what are the appropriate conditions of draft plan approval?
Do the Applications represent good planning and are they in the public interest?
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NOTE 1: The parties are not limited from referring to additional policies in response to an Issue that has been addressed.
NOTE 2: The identification of an Issue on this List does not mean that all parties agree that each Issue or the manner in which it is expressed, is appropriate or relevant to the determination of the Tribunal at the hearing. The extent that these Issues are appropriate and relevant to the determination of the Tribunal will be a matter of evidence and argument at the hearing. The parties may or may not present evidence on each issue. No Party shall advance an Issue not identified on the Issues List without leave of the Tribunal.
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ATTACHMENT "3"
Order of Evidence
Applicant/Appellant – Case-in-Chief
Any other Party or Participant (as permitted) in support of Applicants/Appellants
Respondent Municipality – Response Case
Any other Party or Participant (as permitted) in support of Respondent Municipality
Applicant/Appellant – Reply Case if required
Key Dates:
| Date | Task | Party Responsible | Reference to PO |
|---|---|---|---|
| May 30, 2025 | Witness List | All Parties | Para. 9 |
| June 13, 2025 | Expert Witness Meeting | All Parties | Para. 10 |
| June 27, 2025 | Statement of Agreed Facts and Issues | All Parties | Para. 10 |
| July 11, 2025 | Exchange Witness Statements | All Parties | Para. 13 |
| July 11, 2025 | Exchange Participant Statements | Participants | Para. 14 |
| July 18, 2025 | Confirmation of Hearing Dates to OLT | All Parties | Para. 15 |
| August 8, 2025 | Exchange Visual Evidence | All Parties | Para. 16 |
| August 8, 2025 | Response to Evidence | All Parties | Para. 17 |
| August 11, 2025 | File Joint Document Book with OLT | All Parties | Para. 18 |
| August 11, 2025 | Hearing Plan to OLT | All Parties | Para. 21 |
| August 18, 2025 | Hearing Commences |
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