Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
CORRECTION NOTICE
OLT CASE NO(S).:
OLT-24-001047
DECISION ISSUE DATE(S):
January 24, 2025
CORRECTION NOTICE ISSUE DATE:
February 6, 2025
RE: Achille Developments Ltd. Wasaga Beach (town)
Correction to: Issue date, 2025 not 2024. Change of hearing dates to 3 weeks instead of 4 weeks
Originally:
Corrected to:
ISSUE DATE: January 24, 2024
ISSUE DATE: January 24, 2025
10A 20-day Hearing is scheduled to commence on Tuesday, September 2, 2025 to Wednesday, October 1, 2025. The Tribunal will not be sitting on September 8 and September 30, 2025.
10A 15-day Hearing is scheduled to commence on Tuesday, September 2, 2025 to Tuesday, September 23, 2025. The Tribunal will not be sitting on September 8, 2025.
“Euken Lui”
EUKEN LUI
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.
Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
January 24,2024
CASE NO(S).:
OLT-24-001047
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant:
Achille Developments Ltd.
Subject:
Request to amend the Official Plan – Failure to adopt the requested amendment
Description:
Application to redevelop the Subject Lands with a residential subdivision of 364 detached dwelling units
Reference Number:
OP00124
Property Address:
10 Club Court
Municipality/UT:
Wasaga Beach/Simcoe
OLT Case No:
OLT-24-001047
OLT Lead Case No:
OLT-24-001047
OLT Case Name:
Achille Developments Ltd. Wasaga Beach (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
Reference Number:
Z00124
Property Address:
10 Club Court
Municipality/UT:
Wasaga Beach/Simcoe
OLT Case No:
OLT-24-001048
OLT Lead Case No:
OLT-24-001047
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
Reference Number:
PC00124
Property Address:
10 Club Court
Municipality/UT:
Wasaga Beach/Simcoe
OLT Case No:
OLT-24-001049
OLT Lead Case No:
OLT-24-001047
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
Reference Number:
PC00224
Property Address:
10 Club Court
Municipality/UT:
Wasaga Beach/Simcoe
OLT Case No:
OLT-24-001050
OLT Lead Case No:
OLT-24-001047
Heard:
January 17, 2025, by Video Hearing
APPEARANCES:
Parties
Counsel/Representative*
Achille Developments Ltd.
Meaghan McDermid Mark Flowers (in absentia)
Town of Wasaga Beach
Harold Elston Allison Firth (articling student)
The Corporation of The County of Simcoe Wasaga Sands Heritage Group Ltd.
Alex Freeman-Carter (articling student) Zarah Walpole (in absentia) Allie Bendus*
MEMORANDUM OF ORAL DECISION DELIVERED BY P. TOMILIN ON JANUARY 17, 2025 AND ORDER OF THE TRIBUNAL
11This was the first Case Management Conference (“CMC”) in the matter of an Appeal by Achille Developments Ltd. (“Appellant”) arising from a non-decision concerning an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision applications to permit the re-development of 10 Club Court (“subject lands”) with a residential subdivision of 364 detached dwelling units in the Town of Wasaga Beach (“Town”).
12The Tribunal received the Affidavit of Service and marked it as Exhibit 1.
PARTY STATUS REQUESTS
13Prior to the CMC the Tribunal received two Party Status requests from The Corporation of The County of Simcoe and Wasaga Sands Heritage Group Ltd. (“WSHGL”). The Tribunal determined that both requestors have a genuine interest in the proceedings and granted Party status to:
The Corporation of The County of Simcoe
Wasaga Sands Heritage Group Ltd.
PARTICIPANT STATUS REQUEST
14The Tribunal received 45 Participant Status requests prior to the CMC. At the CMC, the Tribunal became aware that many of the requestors were members of the WSHG. Due to the WSHG being granted Party Status, those Participant Requests were denied. The Tribunal requested for everyone else who was not part of the WSHGL, but was present at the CMC, to submit their Participant Status Request along with their Participant Statement to the assigned Case Coordinator by no later than the end of the day, Monday, January 20, 2025 (“deadline”). If the Tribunal is not in receipt of the requests by that date, such requests will be denied.
15No additional Status Requests were received by the deadline.
16The individuals found in Appendix A, attached to this Order, were granted Participant Status.
MEDIATION
17The Tribunal reminds the Parties that should they reach a point where a Tribunal-led mediation will be of assistance, they may request a mediation assessment through the assigned Case Coordinator.
HEARING, PROCEDURAL ORDER AND ISSUES LIST
18Prior to the CMC, the Tribunal received a copy of the Draft Procedural Order (“DPO”). Given the addition of other Parties and Participants, and at the request of the Appellant, the Tribunal directed the Parties to submit a revised copy of the DPO with Issues List on or before Monday, March 3, 2025.
19At the CMC, Parties requested a four-week Hearing to be scheduled in September of 2025.
20A 20-day Hearing is scheduled to commence on Tuesday, September 2, 2025 to Wednesday, October 1, 2025. The Tribunal will not be sitting on September 8 and September 30, 2025.
11Parties 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/765631861
Access Code: 765-631-861
12Parties 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
[13] Persons who experience technical difficulties accessing the GoToMeeting 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) 1-888-455-1389 or +1 (647) 497-9391. The access code is the same as mentioned above.
14Individuals 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
15The Tribunal directives above are so ordered.
16This Member is not seized.
17There will be no further notice.
“P. Tomilin”
P. TOMILIN
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.
Appendix A
PARTICIPANTS:
Jordan Milgrom
Tim and Joanne Wood
Valerie Smith
Corrine Lalonde
John Prucha
Kim Burt
Stewart Hamilton
Gerry Ivits
Lance Young
Ellen Jacobs
Gary and Janet Melenhorst
Karen Domaratzki
Anna Zammit
Brittany Coe
Joshua Davie
Wendy Frappier and Robert Fayle
Sergio Grillone
Rose Madigan