Ontario Land Tribunal

Tribunal ontarien de l'aménagement du territoire

ISSUE DATE: May 15, 2025

CASE NO(S).: OLT-24-001224

PROCEEDING COMMENCED UNDER subsection 17(24) and 17(49.6) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Appellant: TWTH Development Inc.

Applicant: Evans Planning

Subject: Application to amend the Official Plan – failure to make a decision

Description: To facilitate the development of 33 single-detached residential units

Reference Number: OPA-2023-02

Property Address: 252 -272 Old Bloomington Road (Lot 6 and Part of Lot 7, Registered Plan 166)

Municipality/UT: Aurora/York

OLT Case No: OLT-24-001224

OLT Lead Case No: OLT-24-001224

OLT Case Name: TWTH Development Inc. v. Aurora (Town)

PROCEEDING COMMENCED UNDER subsection 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 facilitate the development of 33 single-detached residential units

Reference Number: ZBA-2023-02

Property Address: 252 - 272 Old Bloomington Road (Lot 6 and Part of Lot 7, Registered Plan 166)

Municipality/UT: Aurora/York

OLT Case No: OLT-24-001225

OLT Lead Case No: OLT-24-001224

OLT Case Name: TWTH Development Inc. v. Aurora (Town)

PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision

Description: To facilitate the development of 33 single-detached residential units

Reference Number: SUB-2023-02

Property Address: 252 - 272 Old Bloomington Road (Lot 6 and Part of Lot 7, Registered Plan 166)

Municipality/UT: Aurora/York

OLT Case No: OLT-24-001226

OLT Lead Case No: OLT-24-001224

OLT Case Name: TWTH Development Inc. v. Aurora (Town)

Heard: April 24, 2025 by video hearing

APPEARANCES:

Parties TWTH Development Inc.

Counsel Russell Cheeseman Stephanie Fleming

Parties Town of Aurora

Counsel Patricia De Sario

Parties Antonio Ranieri, Christene Ranieri and Nikan Holdings Inc.

Counsel Meaghan McDermid

MEMORANDUM OF ORAL DECISION DELIVERED BY G.A. CROSER ON APRIL 24, 2025 AND ORDER OF THE TRIBUNAL

1This was the second Case Management Conference ("CMC") with respect to appeals filed by TWTH Development Inc. ("Appellant") concerning non-decisions by the Town of Aurora ("Town") on applications for an Official Plan Amendment, Zoning By-law Amendment and proposed Draft Plan of Subdivision for the development of 252 – 272 Old Bloomington Road ("Subject Property").

2At the first CMC of this matter, the Tribunal ordered that a Procedural Order and Issues List be prepared by the Parties in advance of the second CMC. The Parties did not produce this documentation. The Tribunal was informed at the CMC that the Town Council had directed its staff to have "discussions" with the Appellant. As a result, the Town was no longer opposed to a revised application for the redevelopment of the Subject Property.

3The Parties asked that a third CMC be scheduled for this matter and, should discussion continue to be fruitful, that this CMC could be converted to a hearing of the proposed settlement. If the Parties did not resolve their differences, then the matter would continue to the September hearing dates scheduled at the first CMC.

PARTY STATUS REQUEST

4At the first CMC, Party status was requested by Antonio and Christene Ranieri and Nikan Holdings Inc., ("Ranieri and Nikan") who own lands immediately to the west of the Subject Property (the 'Adjacent Lands'). At the first CMC, Ranieri and Nikan's concern appeared to focus on a legal right-of-way ("ROW"), which is not a proper land use planning issue. It was decided by the Tribunal that the Party status request would be considered at the second CMC. In advance of the second CMC, Ranieri and Nikan's counsel provided a letter outlining in more detail its request for Party status, this correspondence was shared with the Parties and Tribunal.

5Meaghan McDermid, counsel for Ranieri and Nikan, stated that the Appellant's plan of subdivision application proposes to create a new public road on the Subject Property that will connect to, and extend through the Adjacent Lands, ultimately creating a connected road network throughout the block. While acknowledging that the Appellant's draft plan of subdivision maintains the ROW, the proposed location of the road connection to the Adjacent Lands is of critical importance to Ranieri and Nikan, as it will dictate the layout of future development of their lands. McDermid noted that the location of the proposed road and the layout of the lots were standard components of a plan of subdivision which the Tribunal would need to assess in its consideration of the Appeals. In essence, no new issues would be raised that would not already be considered as part of the Appeals.

6Counsel for the Applicant, Russell Cheeseman, objected to the granting of Party status. Cheeseman's position was that the issues raised by Ranieri and Nikan were "viable questions" to raise in a plan of subdivision. However, as there was no plan of subdivision in place for the Adjacent Lands, Ranieri and Nikan could not object to the proposed location of a road on the Subject Property. Cheeseman noted that the Parties were close to resolving this dispute and suggested that adding a Party at this stage "might take a lot off the table with respect to settlement" between the Town and Applicant.

7The Town had no concerns with respect to the granting of status to Ranieri and Nikan, Patricia De Sario stated that any issues could be dealt with and that the additional Party would not hamper settlement.

8The Tribunal accepts McDermid's assurance that no prejudice or delay would be caused by the granting of Party status to Ranieri and Nikan, and that their inclusion would not add significant length or complexity to the Hearing. As adjacent landholders with a direct interest in the outcome of the Appeals, the Tribunal finds that granting Party status to Ranieri and Nikan will assist the Tribunal in resolving the Appeals in a fair, just, and expeditious manner.

PARTICIPANT STATUS REQUESTS

9John Green attended the CMC. There were no objections from the Parties and Participant status was granted to Green.

10Warren McClure was also in attendance at the CMC. Cheeseman questioned if Participant status could be awarded to McClure as the representative of the Ratepayers Group for Aurora South, as it was unclear if this group was an incorporated entity and what authority McClure had with respect to speaking on behalf the group. In response, McClure requested Participant status as an individual, there was no objection from the Parties and Participant status was granted.

11The Tribunal will allow the Participants, if so desired, to update their Participant Statements. These Statements should be filed with the Tribunal by no later than Friday, May 2, 2025.

THIRD CASE MANAGEMENT CONFERENCE

12The Tribunal set a one-day hearing commencing by video on Monday, June 23, 2025, at 10 a.m.

13Parties 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/709076365

Access Code: 709-076-365

14Parties 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

15Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling in to an audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889. The Access Code is as indicated above.

16Individuals 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.

MEDIATION

17The Parties were reminded of the availability of Tribunal-led mediation in scoping outstanding issues or to assist in the resolution of the Appeals.

ORDER

18THE TRIBUNAL ORDERS THAT:

a. Party status is granted to Antonio Ranieri, Christene Ranieri and Nikan Holdings Inc;

b. Participant Status is granted to John Green and Warren McClure;

c. A third Case management Conference is scheduled as directed above; and

d. An updated Procedural Order and Issues List is to be provided to the Tribunal in advance of the third Case Management Conference.

19The Member will remain available for continued case management to the extent that the Tribunals calendar permits.

"G.A. CROSER"

G.A. CROSER

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.