Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 24, 2025
CASE NO(S).: OLT-24-000509
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 2251942 Ontario Inc. o/a Park View Homes
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the construction of 79 townhouse units and 16 apartment units
Reference Number: CHA-OPA4
Property Address: PIN 54148-0437 LT and PIN 54158-0436 as per description on Transfer registered as PT74174
Municipality/UT: Champlain/Prescott-Russell
OLT Case No.: OLT-24-000509
OLT Lead Case No.: OLT-24-000509
OLT Case Name: Park View Homes v. Champlain (Township)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 2251942 Ontario Inc. o/a Park View Homes
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the construction of 79 townhouse units and 16 apartment units
Reference Number: Z-02-2024
Property Address: PIN 54148-0437 LT and PIN 54158-0436 as per description on Transfer registered as PT74174
Municipality/UT: Champlain/Prescott-Russell
OLT Case No.: OLT-24-000510
OLT Lead Case No.: OLT-24-000509
Heard: January 20, 2025 by Video Hearing
APPEARANCES:
Parties
Counsel
2251942 Ontario Inc.
Elizabeth Bratton
Canadian National Railway Company
Diana Doracin
Isaiah Banach
MEMORANDUM OF ORAL DECISION DELIVERED BY gregory j. ingram ON january 20, 2025 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the second Case Management Conference (“CMC”) respecting an appeal by 2251942 Ontario Inc. (“Park View Homes”). Park View Homes submitted applications to the Township of Champlain (“Township”) for an Official Plan Amendment (“OPA”) and Zoning-By-Law Amendment (“ZBA”) to facilitate the development of 79, two-storey townhouse units, and an additional 16 units in a multi-unit residential block on lands described as PIN 54148-0437 LT and PIN 54758-0436, Champlain (“Subject Property”), which were refused by the Township.
FIRST CMC
2During the first CMC, Service of Notice was approved and entered as an exhibit, and it was determined that no further notice was required. The Township and the United Counties of Prescott and Russell indicated that they would not be participating in the proceedings. The Canadian National Railway Company (“CN Rail”) was granted Party status and a second CMC date was set to provide time for the Parties to create and submit a draft Procedural Order (“PO”).
UPDATE
3Following the first CMC, deliberations continued between the Parties, which resulted in CN Rail providing Park View Homes with a settlement proposal. Park View Homes indicated today that they expect to provide a response to CN Rail by January 24, 2025, and expect that an agreement can be achieved with CN Rail within 30 days.
4The Parties submitted a draft procedural order but requested that a review of it be deferred to a future date if required in preparation for a hearing.
5Given this progress, the Parties requested that the Tribunal schedule a third CMC, which could be converted to hear a draft settlement, or used to finalize planning for a hearing of the merits at a future date.
THIRD CMC
6The Tribunal set a third CMC to proceed by video on Thursday, March 20, 2025, at 10 a.m. The Parties were directed to provide a written update to the Tribunal by Wednesday, March 5, 2025, indicating whether the CMC should be converted to hear a draft settlement proposal or used to review the draft PO and set dates for a hearing of the merits.
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/519389173
Access Code: 519-389-173
8Parties 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 the event by calling into an audio-only telephone line: +1-647-497-9373 or (toll-free) +1-888-299-1889. The access code is: 519-389-173.
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 Member is not seized, and no further notice is required.
ORDER
12THE TRIBUNAL ORDERS THAT:
- The date and particulars of the third Case Management Conference are set out above beginning at paragraph [6].
“Gregory J. Ingram”
GREGORY J. INGRAM
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.