Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: May 29, 2025

CASE NO(S).: OLT-25-000204

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Appellant: 11410598 Canada Inc.

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description: To permit the development of a 9-storey residential apartment building

Reference Number: PL202400135

Property Address: 50 Indian Creek Road West

Municipality/UT: Chatham-Kent/Chatham-Kent

OLT Case No: OLT-25-000204

OLT Lead Case No.: OLT-25-000204

OLT Case Name: 11410598 Canada Inc. v. Chatham-Kent (Municipality)

Heard: May 20, 2025 by Video Hearing

APPEARANCES:

Parties

Counsel

11410598 Canada Inc.

David Bronskill

Chatham-Kent (Municipality)

David Taylor Jonathan Sinopoli

MEMORANDUM OF ORAL DECISION DELIVERED BY F. LAVOIE ON MAY 20, 2025 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This Decision and Order arises from the first Case Management Conference (“CMC”) held regarding an appeal by 11410598 Canada Inc. pursuant to subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, regarding the non-decision of the Municipality of Chatham-Kent of its application for a Zoning By-Law Amendment (“ZBA”) for the property municipally known as 50 Indian Creek Road West. The ZBA application seeks to facilitate the development of a nine-storey condominium with a total of 87 units.

NOTICE OF CMC

2The Tribunal was in receipt of an Affidavit of Service sworn by Renata Ribeiro on April 24, 2025. In reviewing the Affidavit, the Tribunal noted that although signed, there was no identification of the commissioner. Counsel for the Appellant undertook to provide a revised Affidavit of Service which would identify the commissioner. The Tribunal received this revised Affidavit of Service sworn by Renata Ribeiro on May 26, 2025. The Tribunal is satisfied the Appellant provided service of notice for this CMC and no further notice is required.

PARTICIPANT STATUS REQUESTS

3The Tribunal did not receive any requests for Party Status prior to nor at the CMC.

4The Tribunal received four Participant Status requests prior to the CMC from the following individuals: Daniel Myers, Gary Oriet, Sharon Quick, and Holly Snow. All were opposed to the ZBA application. Some of the concerns raised by the Participant Statements identified the height/scale of the proposal as incompatible with the low-density residential surrounding uses.

5Counsel for the Parties had no concerns with nor objections to the Participant Status requests. The Tribunal granted Participant Status to Daniel Myers, Gary Oriet, Sharon Quick, and Holly Snow.

DRAFT PROCEDURAL ORDER AND ISSUES LIST

6The Parties jointly submitted a draft procedural order (“PO”) and issues list (“IL”) in advance of the CMC. The Tribunal noted that the IL was simply the test for a ZBA. Counsel advised they were content with the IL as is, and advised that a narrowing of the issues was likely to occur through either mediation or in the preparation of witness statements in advance of the Hearing.

7The Tribunal approves the PO and IL.

SCHEDULING MERIT HEARING

8The Parties advised they would each potentially call two witnesses, and requested that a Merit Hearing of five (5) days be scheduled to occur within the last quarter of 2025.

9The Tribunal has scheduled the 5-day Merit Hearing to proceed by video from Wednesday, November 26, 2025 at 10 a.m. until and including Tuesday, December 2, 2025.

10Parties and Participants and/or Observers are asked to log in to the Hearing at least 15 minutes before the start of the event, to test their video and audio connections:

GoToMeeting: https://global.gotomeeting.com/join/656004293

Access Code: 656-004-293

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 GoToMeeting or a web application is available:

https://app.gotomeeting.com/home.html.

12Persons who experience technical difficulties accessing the GoToMeeting application or wish only 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 in paragraph 10 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 Hearing by video 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.

ORDER

14THE TRIBUNAL ORDERS that:

a. A five-day merit hearing will commence on Wednesday, November 26, 2025 at 10 a.m. until Tuesday, December 2, 2025 by videoconference.

b. Participant Status is granted to Daniel Myers