Ontario Land Tribunal / Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 28, 2025
CASE NO(S).: OLT-25-000158
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: 2723773 Ontario Limited Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To facilitate the development of 6 townhouse blocks Reference Number: OPA D09-2024-005 Property Address: 881-883 Hofland Street Municipality/UT: Innisfil/Simcoe OLT Case No: OLT-25-000158 OLT Lead Case No: OLT-25-000158 OLT Case Name: 2723773 Ontario Limited v. Innisfil (Town)
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 facilitate the development of 6 townhouse blocks Reference Number: ZBA D14-2023-010 Property Address: 881-883 Hofland Street Municipality/UT: Innisfil/Simcoe OLT Case No: OLT-25-000159 OLT Lead Case No: OLT-25-000158 OLT Case Name: 2723773 Ontario Limited v. Innisfil (Town)
PROCEEDING COMMENCED UNDER section 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 6 townhouse blocks Reference Number: Draft Plan D12-2021-002 Property Address: 881-883 Hofland Street Municipality/UT: Innisfil/Simcoe OLT Case No: OLT-25-000160 OLT Lead Case No: OLT-25-000158 OLT Case Name: 2723773 Ontario Limited v. Innisfil (Town)
Heard: May 23, 2025 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| 2723773 Ontario Limited | Patrick Harrington |
| Town of Innisfil | Evan Barz, Chris Barnett (in absentia) |
MEMORANDUM OF ORAL DECISION DELIVERED BY D. CHIPMAN ON FRIDAY, MAY 23, 2025, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This event was the first Case Management Conference (“CMC”) convened for Appeals brought by 2723773 Ontario Limited (“Applicant/Appellant”) on applications for an Official Plan Amendment (“OPA”), a Zoning By-law Amendment (“ZBA”) and Draft Plan of Subdivision (“DPS”). The Appeal was filed pursuant to s. 22(7), s. 34(11), and s. 51(34) of the Planning Act on the failure of the Town of Innisfil (“Town”) to make a decision on the Applications within the statutory timeframe.
2The lands are municipally known as 881-883 Hofland Street in the Town (“Subject Lands”). The Subject Lands are subject to previously approved OPA, ZBA, and DPS applications that sought to facilitate a Plan of Subdivision consisting of nine single detached dwelling units, 56 townhouse units, and a portion of a public park The previous applications were approved by the Town in 2023 and the OPA by the County on August 31. 2023.
3The Applicant/Appellant has since submitted revisions to convert the nine draft-approved single detached lots into six townhouse blocks, consisting of 25 townhouse dwelling units. The current application was deemed complete on August 29, 2024.
4The purpose of the OPA is to redesignate the Subject Lands from ‘Residential Low Density 2’ to a site-specific ‘Residential Medium Density’ designation. The purpose of the ZBA is to rezone the portion of the Subject Lands containing the proposed townhouse units from ‘Residential 1 Hold (R1(H))’ to the ‘Residential Townhouse Exception Hold (RT-30(H))’. The proposed DPS is for a redline revision to the DPS approved by the Town Council on October 16, 2023, in order to facilitate the proposed development.
PROCEDURAL MATTERS
5The Tribunal received a sworn Affidavit of Service dated May 6, 2025, attesting that Notice of the CMC was duly served and was marked as Exhibit 1 to this proceeding.
PARTY AND PARTICIPANT STATUS REQUESTS
6The Tribunal received no requests for either Party or Participant status.
MEDIATION
7Counsel for the Parties confirmed that they are in discussions to resolve some or all of the issues. The Tribunal noted that Tribunal-led mediation is available, and information can be obtained through the Case Coordinator at any time during their discussion, should they wish to avail themselves of mediation. The Parties confirmed that they would keep the Tribunal apprised of any developments with their resolution efforts, which the Tribunal finds satisfactory.
HEARING
8The Tribunal heard that the Parties have identified five key issues, which will be identified through the submission of the Procedural Order (“PO”) and Issues List (“IL”). The Parties are directed to submit to the Case Coordinator on or before Friday, June 13, 2025, the draft PO and IL for the Tribunal’s consideration and approval.
9At the request of the Parties and based on the number of potential witnesses expected to appear, the Tribunal has scheduled a two-day Merit Hearing commencing on Wednesday, December 17, 2025, at 10 a.m. to be held via Video Hearing.
10Parties and Participants are asked to log into the Video Hearing at least 15 minutes before the start of the event to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/979388733
Access Code: 979-388-733
11Parties 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
12Persons 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) 497-9373. 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 Video Hearing to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
14The Tribunal inquired as to whether there were any other matters to be addressed that might assist in the fair, just, and expeditious resolution of this matter. The Parties indicated that there were none.
ORDER
15THE TRIBUNAL ORDERS THAT:
The date and particulars of the Merit Hearing are set out above;
This Member is seized and will continue to manage this file; and
This Member remains available through the Case Coordinator should the need arise.
“D. Chipman”
D. CHIPMAN
MEMBER
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 (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.