Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 14, 2025
CASE NO(S).: OLT-25-000002
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Eiram Development Ltd Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To re-designate and rezone the subject lands to create a mixed use residential development. Reference Number: COPA2024-0004 Property Address: SW Corner Mearns Avenue (SW Corner Mearns Avenue and Concession Road 3) Municipality/UT: Clarington/Durham OLT Case No: OLT-25-000002 OLT Lead Case No: OLT-25-000002 OLT Case Name: Eiram Development Ltd. v. Clarington (Municipality)
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 re-designate and rezone the subject lands to create a mixed use residential development. Reference Number: ZBA2024-0010 Property Address: SW Corner Mearns Avenue (SW Corner Mearns Avenue and Concession Road 3) Municipality/UT: Clarington/Durham OLT Case No: OLT-25-000003 OLT Lead Case No: OLT-25-000002 OLT Case Name: Eiram Development Ltd. v. Clarington (Municipality)
Heard: March 28, 2025 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Eiram Development Ltd. | Alan Heisey |
| Municipality of Clarington | Andrew Biggart |
MEMORANDUM OF ORAL decision DELIVERED BY YASNA FAGHANI on March 28, 2025 and order of the tribunal
INTRODUCTION
1This is the first Case Management Conference (“CMC”) for the above-noted matter. Eiram Development Ltd. (“Applicant”) has filed appeals against the Municipality of Clarington’s (“Clarington”) failure to make a decision regarding applications pursuant to s. 22(7), and s. 34(11) of the Planning Act. The lands are legally known as the Southwest Corner of Mearns Avenue and Concession Road 3, Bowmanville (“Subject Lands”). The Counsel for Clarington confirmed that the Subject Lands does not have a municipal address. The legal description serves as the address for said lands.
2The applications under appeal relate to the development of mixed-use residential units comprising of townhomes and a 12-storey condominium building with commercial units on the ground floor.
AFFIDAVIT OF SERVICE
3The Tribunal received the Affidavit of Service sworn by Lorna Groves dated March 3, 2025, and marked as Exhibit 1. There were no issues with the service of the Notice for the CMC, and as such, no further notice is required.
PARTICIPANT/PARTY REQUESTS
4The Tribunal did not receive any Party or Participant status requests in advance of the hearing, and no one appeared at the hearing requesting Party or Participant status.
MEDIATION
5The Tribunal canvassed the Parties’ interest in a Tribunal-led mediation. Counsel for Clarington advised that he would likely get instructions regarding proceeding with mediation. Counsel for the Applicant was not opposed to mediation. The Tribunal reiterated that Tribunal-led mediation information can be obtained through the Case Coordinator. The Parties confirmed that they would keep the Tribunal apprised of any developments with their resolution efforts, which the Tribunal finds satisfactory.
PROCEDURAL ORDER AND ISSUES LIST
6Counsel for the Applicant submitted a Procedural Order (“PO”), including an Issues List (“IL”), prior to the CMC with hearing dates for June 2025. He advised that his client wanted to move this matter along quickly and noted that the Tribunal acknowledged receipt of the appeals application in January 2025. He submitted that there was a Council meeting in January, February, and March 2025 with no direction or instruction regarding these appeals provided to the Counsel for Clarington. He further submitted that in February 2025, he made efforts to discuss scheduling hearing dates for June 2025 and finalizing the PO with Counsel for Clarington, but Counsel for Clarington advised he did not have instructions. In the end, Counsel for the Applicant submitted that Clarington’s lack of direction or instruction is not in line with expeditious decision-making. He reiterated that he was requesting a six to seven-day hearing in June 2025.
7Counsel for Clarington advised that these appeals will be under consideration at the April 28, 2025 Council meeting. Thereafter, he anticipates obtaining quick instructions regarding the PO and IL. He confirmed that counsel for the Applicant did indeed reach out to him in February 2025, and he communicated to Counsel for the Applicant that he did not have instructions from his client. He submitted that his client received information regarding the Appeal in December and had to file a report 30 days before it got to the Council. The report “has to go up the chain [of command]” and then appear before the Council. This was not a situation where his client was not acting with haste or letting a file linger. He advised that hearing dates in June were not possible, given he did not have instructions yet, and witnesses would not be available until September 2025.
8After hearing submissions from the Parties and noting that Counsel for Clarington will not have instructions until after April 28, 2025, the Tribunal directed the parties to work with each other and submit a finalized PO and IL by Thursday, May 8, 2025. The Tribunal requested Counsel for Clarington to submit the PO and IL.
HEARING
9Counsel for the Applicant maintained that six to seven days in June 2025 would be his request. He anticipates calling four witnesses. Counsel for Clarington advised he anticipated calling four witnesses as well, and he and his witnesses would be available anytime in September 2025.
10The Tribunal noted that the June hearing dates were ambitious, and some of the deadlines noted in the PO for a June hearing date were not in line with the suggested Tribunal-led PO timelines.
11The Tribunal inquired regarding Counsels’ availability in August 2025. After some discussion, it appeared that given Counsels’ schedules and witnesses' availabilities, hearing dates in August were not feasible. In the end, the Tribunal granted seven (7) days starting Wednesday, September 3, to Monday, September 15, 2025. Of note, the Tribunal will not be sitting on Monday, September 8, 2025, due to professional development meetings at the Tribunal.
12Parties and Participants 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
13Parties 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 GoTo Meeting, or a web application is available: https://app.gotomeeting.com/home.html
14Persons who experience technical difficulties accessing the GoTo Meeting 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) 1-888-299-1889 or +1 (647) 497-9391. The Access Code is as indicated above.
15Individuals 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 at the correct time. Questions prior to the event may be directed to the Tribunal’s Case Coordinator.
ORDER
16The Tribunal Orders that:
a. The finalized Procedural Order and Issues List is to be submitted by Thursday, May 8, 2025;
b. The Merit Hearing is scheduled to commence by Video Hearing on Wednesday, September 3, 2025 to Monday, September 15, 2025, at 10 a.m. The Tribunal will not be sitting on Monday, September 8, 2025; and
c. The Tribunal may be spoken to in the event of any issue arising from this Order.
17There is no further notice, and the Member is not seized.
“Yasna Faghani”
Yasna Faghani
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.