Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 11, 2025
CASE NO(S).: OLT-24-001229
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Worldwide Properties (Alliston) Inc.
Subject: Site Plan
Description: To facilitate the development of two buildings as additional commercial buildings with new Retail spaces
Reference Number: D11-AL-177
Property Address: 17-37 Young Street
Municipality/UT: Town of New Tecumseth / Simcoe County
OLT Case No.: OLT-24-001229
OLT Lead Case No: OLT-24-001229
OLT Case Name: Worldwide Properties (Alliston) Inc. v. New Tecumseth (Town)
Heard: April 04, 2025 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Worldwide Properties (Alliston) Inc. | H. Elston |
| Town of New Tecumseth | J. Feehely |
MEMORANDUM OF ORAL DECISION DELIVERED BY D. ARNOLD ON APRIL 4, 2025 AND ORDER OF THE TRIBUNAL
1This first Case Management Conference (“CMC”) was held with respect to an appeal pursuant to subsection 41(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, (the “Planning Act”) by Worldwide Properties (Alliston) Inc. (the “Appellant”) pertaining to the failure of the Town of New Tecumseth (the “Town”) to approve the plans or drawings required by section 41 of the Planning Act in connection with the proposed additional commercial and retail development on the lands municipally known as 17-37 Young Street in the Town of New Tecumseth (the “Proposed Development”) within 60 days after receipt by the Town of such plans or drawings (the “Appeal”).
2At the outset of the Hearing the Appellant advised that the various reports and other documents required by the Town in connection with the Proposed Development were forwarded to the Town by the Appellant within the week prior to this CMC and that several other reports will be provided to the Town during the week following this CMC. The Town indicated that approximately six to eight weeks would be required in order for the Town’s professional staff and external consultants to review these reports and other documents including any required consultation with the Appellant’s consultants.
3The Parties requested that this matter be adjourned to a subsequent CMC at which time the Parties would be in a position to either request a Hearing on the merits of any issues of the Appeal that are still in dispute, or, alternatively, this subsequent CMC might be converted to a settlement Hearing if all issues of the Appeal have been resolved between the Parties.
4The Tribunal concurred with the request by the Parties to schedule a second CMC. The Tribunal encouraged the Parties to continue discussions with a view to settling some or all of the issues of the Appeal and, in this regard, noted that Tribunal-facilitated mediation may be requested through the Case Co-ordinator.
5The Tribunal orders that a second Case Management Conference in this matter will be held by video hearing on June 3, 2025 for the purposes either of identifying the issues of the Appeal remaining in dispute and the required number of hearing day(s) and scheduling of same, or, alternatively, conversion to a settlement Hearing, subject to the Tribunal’s approval..
6The CMC is scheduled to proceed by video on Tuesday, June 3, 2025 at 10 a.m.
7Parties 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/709076365
Access code: 709-076-365
8Parties and/or 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 GoTo Meeting or a web application is available: https://app.gotomeeting.com/home.html
9Persons 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: +1 (647) 497-9373 or Toll-Free 1-888-299-1889. The access code is: 709-076-365.
10Individuals 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.
11The Tribunal directs the Parties to provide the Tribunal (through the Case Co-ordinator) with any update with respect to this matter, including any request for the Tribunal’s approval to convert the second CMC to a settlement Hearing.
ORDER
12The Tribunal so orders, and provides these CMC directives for the purposes of Case Management of the Appeal.
13The Member is not seized in this matter but will remain available for continued Case Management to the extent that the Tribunal calendar permits.
14No further notice is required nor will be given.
“D. Arnold”
D. ARNOLD 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.