Ontario Land Tribunal

ISSUE DATE: May 9, 2025

CASE NO.: 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

BEFORE:

Tuesday, the 29th day of April, 2025

T.F. NG

THIS MATTER in respect of lands at 544 Shellard Lane in the City of Brantford having come before the Ontario Land Tribunal (the “Tribunal”) on March 20, 2025, for a Case Management Conference and having a decision issued on March 26, 2025;

AND THE TRIBUNAL having directed the submission of a draft Procedural Order on consent of all the parties;

AND THE TRIBUNAL having received the requested draft Procedural Order, on consent;

THE TRIBUNAL ORDERS that the Procedural Order attached hereto as Schedule “1” shall govern the conduct of this proceeding.

“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.

SCHEDULE 1

PROCEDURAL ORDER

1. 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

2. The video hearing will begin on Wednesday, October 15, 2025 at 10:00 am, through video link https://global.gotomeeting.com/join/442599157. When prompted, enter code 442-599-157.

3. 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).

4. 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.

5. 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.

6. 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.

7. 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.

Requirements Before the Hearing

8. 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 July 9, 2025 and in accordance with paragraph 21 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.

9. Expert witnesses in the same field shall have a meeting on or before July 30, 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 August 13, 2025.

10. 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 12 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.

11. 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 12 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 12 below.

12. On or before August 29, 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.

13. On or before August 29, 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.

14. On or before September 10, 2025 the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

15. On or before September 30, 2025 the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 21 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

16. Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence on or before September 12, 2025 and in accordance with paragraph 21 below.

17. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before October 3, 2025.

18. 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.

19. 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.

20. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before October 8, 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.

21. 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. All electronic documents in PDF shall be bookmarked and all items listed in a table of contents or index shall be hyperlinked.

22. No adjournments or delays will be granted except pursuant to a motion brought under Rule 17.

23. A summary of the various filing dates is contained in Attachment 4.

TRIBUNAL REGISTRAR

ATTACHMENT 1

Parties & Participants

1. Losani Homes (1998) Ltd. TMA Law 25 Main Street West, Suite 2010 Hamilton, ON L8P 1H1 Jennifer Meader Email: jmeader@tmalaw.ca Phone: 905.529.3476 Jessica De Marinis Email: jdemarinis@tmalaw.ca Phone: 905.529.3476

2. The City of Brantford 58 Dalhousie Street Brantford, ON N3T 2J2 Geoff Daley Email: gdaley@brantford.ca Phone: 519.759.4150

3. Shellbrant Developments Ltd. Davies Howe LLP 10th floor, 425 Adelaide St W Toronto, ON M5V 3C1 Meaghan McDermid Email: meaghanm@davishowe.com Phone: 414.263.4514

ATTACHMENT 2

Issues List

1. Does the development proposal have sufficient regard for the matters of provincial interest set out in Section 2 of the Planning Act? In particular sections 2(a), (d), (e), (f), (g), (h), (h.1), (i), (j), (l), (m), (n), (o), (p), (q), (r) and (s)?

2. Does the Applicant’s application for a draft plan of subdivision fail to meet the requirements listed in section 51(24) of the Planning Act? In particular sections 51(24)(a), (b), (c), (d), (e), (f), (g), (h), (i), (k), and (l)

3. What conditions, if any, should be imposed on the draft plan of subdivision pursuant to section 51(25) of the Planning Act?

4. Is the development proposal consistent with the Provincial Planning Statement, 2024? In particular sections 3.6.1, 3.6.8, 3.9.1, 4.2.1, 4.2.2, 4.2.3, 4.2.4, 4.2.5?

5. Does the development proposal conform to the City’s Official Plan? in particular sections 2.2, 5.1(b), 5.1(d), 5.1(e), 5.2.1(a),(e),(g).(i),(j), 5.2.3, 5.6(a), 5.6(b), 7.1(n, o, p, r), 7.2(m - s), 8.1(b, m-n), and 9.3(a-d) ?

6. Does the development proposal appropriately implement the City’s Master Servicing Plan?

7. Will the development proposal impact the adequacy and function of the West Brant Heights (Lindvest) Phase 2 Storm Water Management Pond? If so, can these impacts be appropriately mitigated?

8. Will the development proposal have any negative impacts on the water balance in the D’Aubigny Creek Watershed or have any negative impacts on downstream water management? If so, can these impacts be appropriately mitigated?

9. Is the density of the proposed development appropriate?

10. Do the development applications represent “good planning”?

Shellbrant Developments Ltd.

11. If the draft plan of subdivision is approved, should a condition be imposed requiring the Owner to enter into a cost sharing agreement with the owner of the adjacent lands to the east as it relates to matters including servicing, stormwater management, roads, earthworks and other works and infrastructure?

ATTACHMENT 3

Order of Evidence

1. Losani Homes (1998) Ltd.
2. The City of Brantford
3. Shellbrant Developments Ltd.
4. Losani Homes (1998) Ltd. In reply

ATTACHMENT 4

Summary of Filing Dates

EVENT	DATE
List of Witnesses	July 9, 2025
Expert Witness Meetings	July 30, 2025
Agreed Statement of Facts & Remaining Issues	August 13, 2025
Witness and Expert Witness Statements	August 29, 2025
Participant Statement	August 29, 2025
Confirm Hearing Dates with Tribunal	September 10, 2025
Reply Witness Statement	September 12, 2025
Visual Evidence	September 30, 2025
Joint Document Book	October 3, 2025
Hearing Plan	October 8, 2025
OLT Hearing Commences	October 15, 2025