Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 30, 2025
CASE NO(S).: OLT-25-000236
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: 2789526 Ontario Ltd.
Subject: Site Plan
Description: To facilitate site plan for 11 townhouses
Reference Number: SP2-21
Property Address: 128 Cecil Street L3W 0K4
Municipality/UT: Essa/Simcoe
OLT Case No: OLT-25-000236
OLT Lead Case No: OLT-25-000236
OLT Case Name: 2789526 Ontario Ltd. v. Essa (Township)
Heard: May 28, 2025 by video hearing
APPEARANCES:
Parties
Counsel
2789526 Ontario Ltd.
Kristie Stitt
Ira Kagan (in absentia)
Township of Essa
Paula Lombardi
MEMORANDUM OF ORAL DECISION DELIVERED BY STEVEN T. MASTORAS ON MAY 28, 2025 AND ORDER OF THE TRIBUNAL
1The matter before the Tribunal is scheduled as a Case Management Conference (“CMC”) relating to an appeal under s. 41(12) of the Planning Act (“Appeal”) as the result of a Township of Essa (“Township”) failure or refusal to make a decision regarding a Site Plan Application (“SPA”) deemed complete on February 29, 2024. The Appeal was submitted by 2789526 Ontario Ltd. (“Appellant”) and is related to the municipal address known as 128 Cecil Street L3W 0K4 (“Subject Property”).
2The Appellant, who acquired the Subject Property in 2023, is seeking approval of the SPA allowing permission to construct eleven (11) townhouse units on the currently vacant land, with access from Cecil Street. The Subject Property is well-treed and consists of zoning which designates a portion of the Subject Property as Environmental Protection. The townhouse units are proposed with a height of two-storeys, single car garages, and contain a mix of three bedrooms (“Proposal”). The Proposal contains an internal condominium road and outdoor amenity space with a minimum area of approximately 940 square metres (“m2”).
3The Proposal is an existing permitted use, and the project is considered to be in conformance with the County of Simcoe and Township Official Plans subject to the extension of services. Any conditions to be considered by the Township are deemed to be subject to the SPA process.
4A Township Planning staff report (March 7, 2025) notes concern: that the Proposal is unable to meet the Township Engineering Design Standards; that the road is inadequate for snow removal; with the provision of visitor parking; and with water capacity supply.
5The Tribunal noted that there were no other Party status requests related to Appeal.
HEARING AND PROCEDURAL ORDER AND ISSUES LIST (“PO/IL”)
6The Parties discussed the need for a Hearing that should likely require two to three days, based on the number of witnesses anticipated, and subject to the discretion of the Tribunal. The Tribunal determined that a Hearing on the Merits was scheduled to commence on Monday, August 18, 2025, to Wednesday, August 20, 2025, at 10 a.m. by video conference.
7Parties 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/638422541
Access code: 638-422-541
8Parties and/or 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
9Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to it by calling in to an audio-only telephone line: (647) 497-9373 or Toll Free 1-888-299-1889. The access code is: 638-422-541.
10Individuals 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.
11The Tribunal provided direction that a further one-hour CMC is scheduled to commence on Friday, June 6, 2025, at 9 a.m., by Telephone Conference Call (“TCC”), as necessary, in order to consider a final draft PO/IL, after the Parties make efforts to scope issues, and guide the scheduled proceedings.
12Individual(s) are directed to call 416-212-8012 or (Toll Free) 1-866-633-0848 on the assigned date at the correct time. When prompted, enter the conference line code 4779874 to be connected to the call. It is the responsibility of the person(s) participating in the call to ensure that they are properly connected to the call and at the correct time. Questions prior to the call may be directed to the Tribunal’s Case Coordinator having carriage of this case.
13Finally, the Parties were reminded of the availability of Tribunal-led mediation with mutual consent, if requested in the lead up to the TCC and the anticipated Hearing.
ORDER
14THE TRIBUNAL ORDERS that:
The Hearing on the Merits of the Appeal, as scheduled above, is hereby Ordered; and
The further Case Management Conference, as schedule above, is also hereby Ordered.
15The Member is not seized on this matter.
16There will be no further notice.
“Steven T. Mastoras”
STEVEN T. MASTORAS
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.