Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: May 29, 2025

CASE NO.: OLT-23-001101

PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Aphria Inc. & 1594042 Ontario Inc.

Subject: Application for Consent – Appeal of Conditions Imposed

Description: To permit consents for a lot addition, an easement for existing utilities and an easement for traffic access.

Reference Number: B-18-23, B-19-23, B-20-23

Property Address: 223-265 Talbot St. West

Municipality/UT: Leamington/Essex

OLT Case No.: OLT-23-001101, OLT-23-001102, OLT-23-001103

OLT Lead Case No.: OLT-23-001101

OLT Case Name: Aphria Inc. & 1594042 Ontario Inc. v. Leamington (Municipality)

BEFORE:

ERIC S. CROWE MEMBER

Thursday, the 29th day of May, 2025

THESE MATTERS, in respect of the lands at 223-265 Talbot Street West in the Town of Leamington, having come for a Case Management Conference on September 25, 2024 before the Ontario Land Tribunal (the “Tribunal”) and the Tribunal having issued an Oral Decision on September 25, 2024; and

THE TRIBUNAL having been advised by Aphria Inc. & 1594042 Ontario Inc. and the Municipality of Leamington (“the Parties”) on September 25, 2024 that a full uncontested settlement had been reached, on consent;

AND THE TRIBUNAL, having received and considered:

i. A comprehensive Affidavit, sworn on May 12, 2025 by Jackie Lassaline, a Registered Professional Planner and full member of the Canadian Institute of Planners;

ii. The attached Exhibits to the sworn Affidavit of Jackie Lassaline;

iii. The Minutes of Settlement as between the Parties;

AND THE TRIBUNAL, having accepted the uncontradicted expert land use planning opinion evidence of Jackie Lassaline with respect to a Consent under section 53 (19) of the Planning Act before the Tribunal in relation to lands known municipally as 223-265 Talbot Street West, and finding that the three Consent proposals are consistent with, conform to, and are in keeping with applicable policies and guidelines of the Province of Ontario and the Official Plan Policies of the Municipality of Leamington, including the Provincial Planning Statement 2024, and is keeping with the general intent of ZBL No. 283.

AND THE TRIBUNAL finding that the requested consents, as revised by the settlement agreement, meet the required legislative tests, represent good planning, are in the public interest, and warrants approval;

NOW THEREFORE THE TRIBUNAL MAKES AN ORDER THAT;

(a) the appeal is allowed and provisional consent is to be given with respect to Consent Application B-18-23 subject to the revised conditions set out in Schedule “A” of this Order.

(b) the appeal is allowed and provisional consent is to be given with respect to Consent Application B-19-23 subject to the conditions set out in Schedule “B” of this Order.

(c) the appeal is allowed and provisional consent is to be given with respect to Consent Application B-20-23 subject to the conditions set out in Schedule “C” of this Order.

AND THE TRIBUNAL FURTHER ORDERS this concludes the appeals of Aphria Inc. & 1594042 Ontario Inc. with respect to Case Numbers: OLT-23-001101, OLT-23-001102 and OLT-23-001103

“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 (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.

SCHEDULE A

SEVERANCE CONDITIONS (SCHEDULE A)

Consent Application B-18-23 Aphria Inc. LEGAL/FINANCE:

1. *Legal - Staking

The subject property is to be angle staked and a plan of survey prepared or a reference plan deposited in the registry office, an electronic and paper copy is to be provided for the files of the Secretary-Treasurer.

2. *Legal Survey

Prior to consent being endorsed on the deeds, such plan of survey or reference plan, for property lines being newly created, shall be in accordance with the existing zoning requirements for the Municipality including satisfactory proof as to compliance of the location of all buildings on the subject lands either by way of a plan showing the location of all buildings located thereon, or a certificate from a qualified surveyor indicating the location and sizes of all buildings on the said lands and/or favourable minor variances shall have been processed for any non-compliances.

3. *Legal Transfers (Deeds and/or Easements)

The applicant to submit to the Secretary-Treasurer a transfer in triplicate, acceptable for registration, in order that consent may be attached to the original and a copy to be provided to the Secretary-Treasurer. The applicant and provide and undertake that forthwith upon registration of the deed of transfer, to forward a copy of the deed cover page, as registered with the instrument number being shown thereon, to the Secretary-Treasurer.

4. *Finance - Tax Certificate & Local Improvements

Prior to consent being endorsed on the deeds, the owner shall provide to the Secretary- Treasurer a Tax Certificate or Tax Statement of Account issued by the Municipality verifying that all municipal taxes are paid in full, and the owner shall ensure that necessary apportionments be undertaken for any special assessment imposed pursuant to the provisions of the Local Improvement Act and/or the Municipal Act. A written request for the issuance of a Tax Certificate or Tax Statement of Account for each subject property and the payment of the required fee(s) shall be submitted to the office of the Municipal Treasurer (Finance and Business Services) within one week prior to the deeds being presented to the Secretary-Treasurer.

5. *Legal - Registration of Documents

The applicant and all provide an Undertaking that all transfers and required agreements, including drainage, consent freeze and building freeze agreements, will be registered within 15 days of the Secretary-Treasurer of the Leamington Committee of Adjustment issuing the certificate of consent to sever.

6. Legal - Consolidation of PIN Numbers

Subsection 3 of Section 50 of the Planning Act applies to the lands that are the subject of this application. The severed portion will be added to the property of the abutting property owner (370659000001350, MERSEA CON 2 PT LOTS 3 AND 4 RP 12R27570 PARTS 4 TO 11). The applicant to submit to the Secretary-Treasurer satisfactory evidence that the transferee of the severed portion of the property and the owner of the abutting property are identical together with an undertaking from the applicant's solicitor to consolidate the severed portion and the abutting property into one parcel. The applicant shall provide evidence to the Secretary-Treasurer within 15 days of the issuance of the certificate of consent to sever that an application to consolidate parcels has been filed with the Land Registry Office.

7. Legal/Finance Consent Certificate and Fee

The applicant shall submit the appropriate Consent Certificate of Official, prepared in accordance with the applicable Form of O. Reg. 197/96 for endorsement by the Secretary Treasurer, together with the required fee as established by by-law.

8. Legal - Right of Way/Easement

The applicant to submit to the Secretary-Treasurer a right-of-way grant of easement, in triplicate, acceptable for registration, in order that consent may be attached to the original and a copy to be provided to the Secretary-Treasurer.

B-19-23 Easement for underground utilities B-20-23 Easement for access

9. Planning Zoning

Prior to consent being endorsed on the deeds a favourable zoning bylaw amendment shall have been obtained to change the zoning classification of the severed/retained lands from Agricultural Restricted (A3-9) Zone to Commercial Highway (C2) Zone.

10. Registration of Agreement

The Agreement dated October 15, 2024, executed by Aphria Inc., 1594042 Ontario Inc. and the Corporation of the Municipality of Leamington, shall be registered against 255 Talbot Street West, Leamington (PIN: 75135-0672 (LT)) pursuant to Section 51(26) of the Planning Act, R.S.O. 1990, c. P.13. requires the registration of the settlement agreement which registration is necessary to comply with the terms of the Minutes of Settlement?

11. Legal - Consent Freeze Release

Prior to consent being endorsed on the deed, the applicant is required to request, in writing to the Municipality of Leamington, a consent freeze release.

DRAINAGE:

12. Drainage - Proof of Access

Prior to consent being endorsed on the deeds proof of access, acceptable to the Municipality, shall be provided to serve the lands being conveyed and the lands being retained, with the costs of such access being solely at the expense of the applicant.

13. Drainage Apportionment Agreement

Prior to consent being endorsed on the deeds the property owners are to execute an agreement to apportion assessments on Municipal drains due to land severance or sale approved by the Municipality together with payment of any relative fees for each parcel being severed. Drainage Apportionment Agreement, 12R plan and payment of the required fee shall be submitted to the Municipality a minimum of one month prior to the stamping of the deeds.

Comment

Drainage Apportionment agreement is prepared by the Drainage Superintendent at the written request of the applicant along with submission of 12R plan and payment of fees to the Municipality. Drainage Apportionment Agreement is required to be signed by applicable parties.

14. Proof of Drainage

Prior to consent being endorsed on the deeds, proof of drainage, acceptable to the municipality, shall be provided by the applicant to serve the lands being conveyed and the lands being retained. In the event that drainage is through abutting lands, a mutual drain agreement may be required. The costs related to drainage shall be solely at the expense of the applicant. Proof of Drainage and payment of the required fee shall be submitted to the Municipality a minimum of one month prior to the stamping of the deeds.

Comment

Proof of Drainage confirms that:

a) the existing parcel and the severed parcel drain independently;

b) the existing parcel and the severed parcel have the right to drain to a Municipal drain or a Mutual Drainage Agreement is registered on title of both properties.

c) if the existing parcel and the severed parcel do not have the right to drain to a Municipal Drain, but wishes to (or is already connected illegally) a Section 65(3) Report under the Drainage Act is required.

15. Expiry of Provisional Consent

The conditions imposed above shall be fulfilled to the satisfaction of the Municipality by two years from the date of giving notice of this decision or this application shall be deemed to be denied in accordance with Section 53(41) of the Planning Act.

SCHEDULE B

SEVERANCE CONDITIONS (SCHEDULE A)

Consent Application B-19-23 Aphria Inc. LEGAL/FINANCE:

1. *Legal - Staking

The subject property is to be angle staked and a plan of survey prepared or a reference plan deposited in the registry office, an electronic and paper copy is to be provided for the files of the Secretary-Treasurer.

2. *Legal Survey

Prior to consent being endorsed on the deeds, such plan of survey or reference plan, for property lines being newly created, shall be in accordance with the existing zoning requirements for the Municipality including satisfactory proof as to compliance of the location of all buildings on the subject lands either by way of a plan showing the location of all buildings located thereon, or a certificate from a qualified surveyor indicating the location and sizes of all buildings on the said lands and/or favourable minor variances shall have been processed for any non-compliances.

3. *Legal Transfers (Deeds and/or Easements)

The applicant to submit to the Secretary-Treasurer a transfer in triplicate, acceptable for registration, in order that consent may be attached to the original and a copy to be provided to the Secretary-Treasurer. The applicant and provide and undertake that forthwith upon registration of the deed of transfer, to forward a copy of the deed cover page, as registered with the instrument number being shown thereon, to the Secretary-Treasurer.

4. *Finance - Tax Certificate & Local Improvements

Prior to consent being endorsed on the deeds, the owner shall provide to the Secretary- Treasurer a Tax Certificate or Tax Statement of Account issued by the Municipality verifying that all municipal taxes are paid in full, and the owner shall ensure that necessary apportionments be undertaken for any special assessment imposed pursuant to the provisions of the Local Improvement Act and/or the Municipal Act. A written request for the issuance of a Tax Certificate or Tax Statement of Account for each subject property and the payment of the required fee(s) shall be submitted to the office of the Municipal Treasurer (Finance and Business Services) within one week prior to the deeds being presented to the Secretary-Treasurer.

5. *Legal - Registration of Documents

The applicant and or shall provide an Undertaking that all transfers and required agreements, including drainage, consent freeze and building freeze agreements, will be registered within 15 days of the Secretary-Treasurer of the Leamington Committee of Adjustment issuing the certificate of consent to sever.

6. Legal/Finance Consent Certificate and Fee

The applicant shall submit the appropriate Consent Certificate of Official, prepared in accordance with the applicable Form of O. Reg. 197/96 for endorsement by the Secretary Treasurer, together with the required fee as established by by-law.

7. Legal - Right of Way/Easement

The applicant to submit to the Secretary-Treasurer a right-of-way grant of easement, in triplicate, acceptable for registration, in order that consent may be attached to the original and a copy to be provided to the Secretary-Treasurer.

8. Expiry of Provisional Consent

The conditions imposed above shall be fulfilled to the satisfaction of the Municipality by two years from the date of giving notice of this decision or this application shall be deemed to be denied in accordance with Section 53(41) of the Planning Act.

SCHEDULE C

SEVERANCE CONDITIONS (SCHEDULE A)

Consent Application B-20-23 Aphria Inc. LEGAL/FINANCE:

1. *Legal - Staking

The subject property is to be angle staked and a plan of survey prepared or a reference plan deposited in the registry office, an electronic and paper copy is to be provided for the files of the Secretary-Treasurer.

2. *Legal Survey

Prior to consent being endorsed on the deeds, such plan of survey or reference plan, for property lines being newly created, shall be in accordance with the existing zoning requirements for the Municipality including satisfactory proof as to compliance of the location of all buildings on the subject lands either by way of a plan showing the location of all buildings located thereon, or a certificate from a qualified surveyor indicating the location and sizes of all buildings on the said lands and/or favourable minor variances shall have been processed for any non-compliances.

3. *Legal Transfers (Deeds and/or Easements)

The applicant to submit to the Secretary-Treasurer a transfer in triplicate, acceptable for registration, in order that consent may be attached to the original and a copy to be provided to the Secretary-Treasurer. The applicant and provide and undertake that forthwith upon registration of the deed of transfer, to forward a copy of the deed cover page, as registered with the instrument number being shown thereon, to the Secretary-Treasurer.

4. *Finance - Tax Certificate & Local Improvements

Prior to consent being endorsed on the deeds, the owner shall provide to the Secretary- Treasurer a Tax Certificate or Tax Statement of Account issued by the Municipality verifying that all municipal taxes are paid in full, and the owner shall ensure that necessary apportionments be undertaken for any special assessment imposed pursuant to the provisions of the Local Improvement Act and/or the Municipal Act. A written request for the issuance of a Tax Certificate or Tax Statement of Account for each subject property and the payment of the required fee(s) shall be submitted to the office of the Municipal Treasurer (Finance and Business Services) within one week prior to the deeds being presented to the Secretary-Treasurer.

5. *Legal - Registration of Documents

The applicant and or shall provide an Undertaking that all transfers and required agreements, including drainage, consent freeze and building freeze agreements, will be registered within 15 days of the Secretary-Treasurer of the Leamington Committee of Adjustment issuing the certificate of consent to sever.

6. Legal/Finance Consent Certificate and Fee

The applicant shall submit the appropriate Consent Certificate of Official, prepared in accordance with the applicable Form of O. Reg. 197/96 for endorsement by the Secretary Treasurer, together with the required fee as established by by-law.

7. Legal - Right of Way/Easement

The applicant to submit to the Secretary-Treasurer a right-of-way grant of easement, in triplicate, acceptable for registration, in order that consent may be attached to the original and a copy to be provided to the Secretary-Treasurer.

8. Expiry of Provisional Consent

The conditions imposed above shall be fulfilled to the satisfaction of the Municipality by two years from the date of giving notice of this decision or this application shall be deemed to be denied in accordance with Section 53(41) of the Planning Act.