Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
April 09, 2025
CASE NO(S).:
OLT-24-001017
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Mod-Aire Homes Limited
Subject:
Request to amend the zoning by-law - Failure to adopt the requested amendment
Description:
To permit 165-unit subdivision
Reference Number:
D14-23-13
Property Address:
Part of Block 107 on Plan 51M-271; being parts 3, 24 and 25 on Plan 51R-31063
Municipality/UT:
County of Simcoe
OLT Case No.:
OLT-24-001017
OLT Lead Case No.:
OLT-24-001017
OLT Case Name:
Mod-Aire Homes Limited v. Bradford West Gwillimbury (Town)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Mod-Aire Homes Limited
Subject:
Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description:
To permit 165-unit subdivision
Reference Number:
D11-23-09
Property Address:
Part of Block 107 on Plan 51M-271; being parts 3, 24 and 25 on Plan 51R-31063
Municipality/UT:
County of Simcoe
OLT Case No.:
OLT-24-001018
OLT Lead Case No.:
OLT-24-001017
OLT Case Name:
Mod-Aire Homes Limited v. Bradford West Gwillimbury (Town)
Heard:
March 28, 2025 by Video Hearing
APPEARANCES:
Parties
Counsel/Representative*
Mod-Aire Homes Limited
Justine Reyes
Daniel Artenosi
Town of Bradford West Gwillimbury
Millford Development Limited
Leo Longo
Frank Orsi*
MEMORANDUM OF ORAL DECISION DELIVERED BY SHARON L. DIONNE ON MARCH 28, 2025 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the Tribunal’s Decision and Order stemming from a first Case Management Conference (“CMC”) on the appeals of Mod-Aire Homes Limited (“Appellant”), in respect of the failure of the Town of Bradford West Gwillimbury to make a decision on applications for a Zoning By-law Amendment and a Draft Plan of Subdivision within the statutory timeframes set out in the Planning Act , R.S.O., 1990, c. P.13, as amended. The affected lands are located on the north side of Holland Street West, approximately 250 metres east of Professor Day Drive, in Bradford (“Subject Property”).
2The planning applications seek to rezone the vacant and undeveloped lands, presently zoned Commercial, to permit a proposed residential draft plan of subdivision, consisting of 64 semi-detached units, 107 street townhouses, two mixed-use blocks for a five-storey and an eight-storey building(s) of commercial uses with apartments above, a public park, a stormwater management pond, and right-of-way(s).
3The Tribunal received an Affidavit of Service, affirmed on March 7, 2025, confirming that proper notice of this CMC was given and marked the same as Exhibit 1.
REQUESTS FOR STATUS
4The Tribunal received a request for Party status from Millford Development Limited (“Millford”), owner of lands adjacent to the Subject Property. Millford advised the Tribunal that their issue pertains to stormwater management and that they intend to call an Engineer to provide expert opinion evidence. The Appellant acknowledged that they were in receipt of Millford’s proposed draft issue and had no objection to the status request. On this basis, the Tribunal granted Party status to Millford.
5The Tribunal granted Participant status to Ellen Mitchell-Krever and received her Participant Statement on consent.
PROCEDURAL MATTERS
6The Parties agreed on procedural matters and were seeking the scheduling of a Hearing on the merits of the appeal(s), of eleven (11) days in length to commence preferably in the month of November 2025.
7The Tribunal received and reviewed a draft Procedural Order (“PO”) and Issues List (“IL”). The Tribunal has approved the PO set out in Schedule 1 to this Order.
8The Tribunal made the Parties aware that Tribunal-led mediation is available should they have an interest.
9The Tribunal inquired as to whether there were any other matters to be addressed, and the Parties indicated there were none.
NEXT STEPS
10A Hearing on the merits of the appeals is scheduled for a period of 11 days, commencing on Monday, November 3, 2025, at 10 a.m. by video conference. The dates of the Hearing are November 3 – 7, 10, 12 - 14, 18 and 19, 2025.
11Parties 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/927921077;
Access Code: 927-921-077
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: or (Toll-Free) 1-888-299-1889 or 1 (647) 497-9391. The Access Code is as indicated above.
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 as follows:
a. Millford Development Limited is granted Party status;
b. Ellen Mitchell-Krever is granted Participant status;
c. A Hearing is scheduled for the period of Monday, November 3, 2025 to Wednesday, November 19, 2025 (Eleven-day Hearing), as set out in the directions above; and,
d. The Procedural Order attached hereto as Schedule 1 shall govern the conduct of this proceeding.
15The Member is not seized.
16No further notice is required.
“Sharon L. Dionne”
SHARON L. Dionne
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.
Schedule 1