Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 04, 2025
CASE NO(S).: OLT-23-000660
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Thornbury Acres Holding Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit a 37-unit residential farm co-operative
Reference Number: P3266
Property Address: Concession 8, Part Lot 27, 16R-11537, Parts 2 and 3; Concession 8, East Part Lot 27
Municipality/UT: Town of The Blue Mountains / County of Grey
OLT Case No.: OLT-23-000660
OLT Lead Case No.: OLT-23-000660
OLT Case Name: Thornbury Acres Holding Inc. v. Town of the Blue Mountains (Town)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Thornbury Acres Holding Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a 37-unit residential farm co-operative
Reference Number: P3266
Property Address: Concession 8, Part Lot 27, 16R-11537, Parts 2 and 3; Concession 8, East Part Lot 27
Municipality/UT: Town of The Blue Mountains / County of Grey
OLT Case No.: OLT-23-000661
OLT Lead Case No.: OLT-23-000660
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Thornbury Acres Holding Inc.
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit a 37-unit residential farm co-operative
Reference Number: 42CDM-2022-11
Property Address: Concession 8, Part Lot 27, 16R-11537, Parts 2 and 3; Concession 8, East Part Lot 27
Municipality/UT: Town of The Blue Mountains / County of Grey
OLT Case No.: OLT-23-000662
OLT Lead Case No.: OLT-23-000660
Heard: November 25, 2024 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Thornbury Acres Holding Inc. | Paul DeMelo Doug Pateman |
| Town of The Blue Mountain County of Grey |
Bruce Engell Denise Baker Erroll G. Treslan |
MEMORANDUM OF ORAL DECISION DELIVERED BY SHARYN VINCENT ON NOVEMBER 25, 2024 AND ORDER OF THE TRIBUNAL
1This appeal and associated disposition follows a series of previous hearing events wherein the Tribunal attempted to assist the Parties, as set out above, to narrow if not resolve the dispute brought by Thornbury Acres Holding Inc. (“Thornbury”) and Kathleen Ann Houghton upon the failure of the Town of The Blue Mountains to approve applications to amend the Official Plan, Zoning By-law and to consider a Plan of Subdivision.
2Despite the attempts by the Parties, to exercise considerable effort to resolve the outstanding matters between them, the Tribunal has been advised that it will be necessary to proceed to a full hearing, which is scheduled to commence on Monday, July 7, 2025 at 10 a.m. The hearing shall be governed by the approved Procedural Order, subject to necessary revision to the exchange of any outstanding witness statements, submissions or visual evidence.
3Parties and/or Participants 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/927921077
Access code: 927-921-077
4Parties 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
5Persons 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) 497-9391 or (Toll-Free) 1-888-299-1889. The access code is: 927-921-077.
6Individuals 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.
7The Tribunal is available to the Parties should there be any further, successful discussions narrowing the issues or should the Parties require any assistance from the Tribunal in preparing for the scheduled hearing.
8If necessary, a revised hearing plan is to be provided to the Tribunal.
ORDER
9The Tribunal directs the Parties to prepare for a hearing scheduled for 10 days commencing Monday, July 7, 2025 at 10 a.m. to be held by video.
“Sharyn Vincent”
SHARYN VINCENT Vice-Chair
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.
Ontario Land Tribunal
CASE NO(S).: OLT-23-000660
PROCEEDING COMMENCED UNDER subsection 27(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Thornbury Acres Holding Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit a 37-unit residential farm co-operative
Reference Number: P3266
Property Address: Concession 8, Part Lot 27, 16R-11537, Parts 2 and 3; Concession 8, East Part Lot 27
Municipality/UT: Town of The Blue Mountains / County of Grey
OLT Case No.: OLT-23-000660
OLT Lead Case No.: OLT-23-000660
OLT Case Name: Thornbury Acres Holding Inc. v. The Blue Mountains (Town)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Thornbury Acres Holding Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a 37-unit residential farm co-operative
Reference Number: P3266
Property Address: Concession 8, Part Lot 27, 16R-11537, Parts 2 and 3; Concession 8, East Part Lot 27
Municipality/UT: Town of The Blue Mountains / County of Grey
OLT Case No.: OLT-23-000661
OLT Lead Case No.: OLT-23-000660
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Thornbury Acres Holding Inc.
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit a 37-unit residential farm co-operative
Reference Number: 42CDM-2022-11
Property Address: Concession 8, Part Lot 27, 16R-11537, Parts 2 and 3; Concession 8, East Part Lot 27
Municipality/UT: Town of The Blue Mountains / County of Grey
OLT Case No.: OLT-23-000662
OLT Lead Case No.: OLT-23-000660
PROCEDURAL ORDER
- The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the Parties’ request or its own motion.
Organization of the Hearing
- A hearing is scheduled to proceed by video as follows:
Date: Monday, July 7, 2025, at 10:00 a.m.
GoToMeeting: https://global.gotomeeting.com/join/927921077
Access Code: 927-921-077
Audio only telephone line: Toll Free: (647) 497-9391 or Toll Free 1-888-299-1889
The Parties’ initial estimation for the length of the hearing is ten (10) days. The Parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.
The Parties and participants identified at the Case Management Conference are set out in Attachment “1”.
The issues are set out in the Issues List attached as Attachment “2”. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.
The order of evidence shall be as set out in Attachment “3”. The Tribunal may limit the amount of time allocated for opening statements, direct evidence (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the Parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.
The purpose of this Procedural Order and the meaning of the terms used in it are set out in Attachment “4”.
Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other Parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.
Any person who intends to participate in the Hearing, including Parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website (https://olt.gov.on.ca/tribunals/lpat/).
Requirements Before the Hearing
A Party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other Parties a list of the witnesses and the order in which they will be called. This list must be delivered on or before Wednesday, May 28, 2025, and in accordance with paragraph 23 below. A Party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.
On or before Monday, May 26, 2025, the Parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
Expert witnesses in the same field shall have a meeting on or before Monday, June 2, 2025, and try to resolve or reduce the issues for the Hearing. Following the experts’ meetings, and if any agreement is reached, the Parties must prepare and file a Statement of Agreed Facts and Issues with the Case Co-ordinator on or before Friday, June 6, 2025.
An expert witness shall prepare an Expert Witness Statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the Hearing. Copies of this must be provided as in paragraph 15 below. Instead of an Expert Witness Statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.
Expert witnesses who are under summons and not paid to produce a report do not have to file an Expert Witness Statement; but the Party calling them must file an outline of the expert’s evidence as in paragraph 15 below. A Party who intends to call a witness who is not an expert must file a Witness Statement, as in paragraph 15 below.
On or before Monday, June 16, 2025, the Parties shall provide copies of their Updated Witness Statements and Expert Witness Statements to the Revised Proposal other Parties and to the Case Co-ordinator and in accordance with paragraph 23 below.
On or before Monday, June 16, 2025, a Participant shall provide copies of their updated written Participant Statement to the Parties and to the Case Co-ordinator in accordance with paragraph 23 below. A Participant cannot present oral evidence or submissions at the Hearing unless ordered by the Tribunal.
Parties may provide to all other Parties and the Case Co-ordinator a written response to any Written Evidence on or before Monday, June 23, 2025, and in accordance with paragraph 23 below.
On or before Monday, June 30, 2025, the Parties shall provide copies of their visual evidence to all of the other Parties in accordance with paragraph 23 below. If a model will be used, all Parties must have a reasonable opportunity to view it before the Hearing.
The Parties shall cooperate to prepare a Joint Document Book which shall be shared with the Case Co-ordinator on or before Monday, June 30, 2025.
A person wishing to change Written Evidence, including Witness Statements, must make a written Motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the Moving Party provide copies of the Motion to all other Parties 15 days before the Tribunal hears the Motion.
A Party who provides Written Evidence of a witness to the other Parties must have the witness attend the Hearing to give oral evidence, unless the Party notifies the Tribunal and the other Parties by Wednesday, July 2, 2025, that the written evidence is not part of their record.
The Parties shall prepare and file a preliminary Hearing Plan with the Tribunal on or before Wednesday, July 2, 2025, with a proposed schedule for the Hearing that identifies, as a minimum, the Parties participating in the Hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in direct, cross-examination and re-direct examination (if any) and the expected length of time for final submissions. The Parties are expected to ensure that the Hearing proceeds in an efficient manner and in accordance with the Hearing Plan. The Tribunal may, at its discretion, change or alter the Hearing Plan at any time in the course of the Hearing.
All filing shall be electronic, unless the Tribunal requests a hard copy(ies) of any document. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7.
No adjournments or delays will be granted before or during the Hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.
SUMMARY OF PROCEDURAL DATES
| DATE | EVENT |
|---|---|
| Wednesday, May 28, 2025 | Exchange of List of Witnesses and the order in which they will be called – para. 10 |
| Monday, May 26, 2025 | Confirmation to Tribunal if all reserved hearing dates are still required – para. 11 |
| Monday, June 2, 2025 | Expert Witness Meeting –– para. 12 |
| Friday, June 6, 2025 | Filing of Statement(s) of Agreed Facts and Issues – para. 12 |
| Monday, June 16, 2025 | Exchange of Updated Witness Statements – para 15 Delivery of Updated Participant Statements – para. 16 |
| Monday, June 23, 2025 | Exchange of Reply Evidence/Statements – para.17 |
| Monday June 30, 2025 | Exchange of Visual Evidence – para. 18 Filing of Joint Document Book – para.19 |
| Wednesday, July 2, 2025 | Notification to Tribunal and Parties if witness not to provide oral evidence – para. 21 Filing of Hearing Plan – para. 22 |
| Monday, July 7, 2025 | Contested Hearing – para 2. |
Attachment “1” List of Parties/Participants
PARTIES
| Party | Counsel / Representative |
|---|---|
| Thornbury Acres Holding Inc. and Kathleen Ann Houghton | Paul DeMelo / Olivia Rasekhi Kagan Shastri DeMelo Winer Park LLP 188 Avenue Road Toronto, ON M5R 2J1 Email: pdemelo@ksllp.ca / orasekhi@ksllp.ca Tel: (416) 368-2100 ext. 228 / (416) 645-4532 |
| Town of The Blue Mountains | Denise Baker WeirFoulds LLP 4100 – 66 Wellington Street West PO Box 35, TD Bank Tower Toronto, Ontario M5K 1B7 Email: dbaker@weirfoulds.com Tel: (416) 947-5090 |
| County of Grey | Erroll G. Treslan Alliance Lawyers 142 10th West Street, Owen Sound, Ontario N4K 3P9 Email: etreslan@owensoundlawyers.com Tel: (519) 376-7450 ext. 241 |
PARTICIPANTS
| Participant | Counsel / Representative |
|---|---|
| Pure Blue Cannabis Inc C/o Blake Russell | Eleanor Ward |
| Randall McLeod | |
| Bamford Family Farms C/o Steve Bamford |
Attachment “2” Issues List
Town of The Blue Mountains
Issues List for OPA/ZBA Appeals Only- Additional issues for DPC will be provided in advance of the scheduling of the DPC hearing, if required.
- Does the proposal have appropriate regard for Section 2 of the Planning Act, specifically subsections 2 (a), (b), (d), (k), (l), (p), (q) and (s)?
- Is the proposed development and implementing Official Plan and Zoning By-law amendments consistent with the Provincial Planning Statement, including the following policies: 2.2.1 c) and d) 2.5.1 a), c) d) f) 2.5.2 2.6.1 c) and d) 2.6.4 2.6.5 2.9.1 a) 3.5 4.1.1, 4.1.2, 4.1.5, 4.2.2 4.3 4.6
- Does the proposed development and implementing Official Plan and Zoning By-law amendments conform to the following sections of the County Official Plan, including the applicable definitions contained within those policies 5.1, 5.2.1, 5.2.2, 5.3.1, 5.3.2, 5.3.3 5.4.1, 5.4.2, 5.4.3 7.3.2, 7.4 and 7.10 7.1.3
- Does the proposed development and implementing Official Plan and Zoning By-law amendments conform to the following sections in the Town of the Blue Mountains’ Official Plan: A3.1 A3.2 A3.3 A3.6 A3.10 A3.12 B4.2 B4.3 B4.4 B5.2 and B5.3, B5.5 D3.4 D5.6 E7
- Is the proposed removal of the wetland for use as a stormwater management pond appropriate?
- Does the proposed removal of the wetland for use as a stormwater management pond negatively impact the ecological function of the wetland?
- Has the EIS demonstrated that there is no net negative impact to any of the environmental features or functions on the property?
- If the principal of development is approved, have the wetland and the significant woodland been appropriately identified in the proposed amendment to the Official Plan and Zoning By-law schedules?
- If the principal of development is approved, have appropriate ecological buffers and/or setbacks from the wetland and the significant woodland been incorporated into the proposed amendments to the Official Plan and Zoning By-law?
- Does the proposed development result in fragmentation of the agricultural land base that is not permitted?
- Does the proposal result in a loss of Prime Agricultural land?
- Is this an efficient form of development which avoids the need for unjustified or uneconomical service delivery or expansion of services?
- If the principle of development is approved, should Holding provisions be included in the proposed amendment to the Zoning By-law to address matters including, among others, archeological requirements, and mitigation measures relating to the adjacent cannabis operation?
- If the principle of development is approved, do the proposed amendments to the Official Plan and Zoning By-law properly implement the proposed use?
- Are the proposed amendments to the Official Plan and Zoning By-law in the public interest and do they represent good planning?
The identification of an issue is not to be taken of the agreement of all Parties that the issue is relevant to the proceedings or has been appropriately worded.
Attachment “3” Order of Evidence
- Thornbury Acres Holding Inc. and Kathleen Ann Houghton
- Town of The Blue Mountains
- County of Grey
- Thornbury Acres Holding Inc. and Kathleen Ann Houghton (reply, if any)
Meaning of terms used in the Procedural Order:
A Party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other Parties, and making submissions on all of the evidence. An unincorporated group cannot be a Party and it must appoint one person to speak for it, and that person must accept the other responsibilities of a Party as set out in the Order. Parties do not have to be represented by a lawyer and may have an agent speak for them. The agent must have written authorization from the Party.
NOTE that a person who wishes to become a Party before or at the hearing, and who did not request this at the case management conference (CMC), must ask the Tribunal to permit this.
A Participant is an individual or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A Participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a Party may do so). Section 17 of the Ontario Land Tribunal Act states that a person who is not a Party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a Participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A Participant may also be asked questions by the Parties should the Tribunal direct a Participant to attend a hearing to answer questions on the content of their written submission.
A Participant must be identified and be accorded Participant status by the Tribunal at the CMC. A Participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A Participant cannot ask for costs, or review of a decision, as a Participant does not have the rights of a Party to make such requests of the Tribunal.
Written evidence includes all written material, reports, studies, documents, letters and witness statements which a Party or Participant intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.
Visual evidence includes photographs, maps, videos, models, and overlays which a Party or Participant intends to present as evidence at the hearing.
A witness statement is a short written outline of the person’s background, experience and interest in the matter; a list of the issues which he or she will discuss ; and a list of reports or materials that the witness will rely on at the hearing.
An expert witness statement should include his or her (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness’ opinions on those issues and the complete reasons supporting their opinions and conclusions and (5) a list of reports or materials that the witness will rely on at the hearing. An expert witness statement must be accompanied by an acknowledgement of expert’s duty.
A Participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a statement of the Participant’s position on the appeal; a list of the issues which the Participant wishes to address and the submissions of the Participant on those issues; and a list of reports or materials, if any, which the Participant wishes to refer to in their statement.
Additional Information
A summons may compel the appearance of a person before the Tribunal who has not agreed to appear as a witness. A Party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons through a request. (See Rule 13 on the summons procedure.) The request should indicate how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the information provided in the request that the evidence is relevant, necessary or admissible, the Party requesting the summons may provide a further request with more detail or bring a motion in accordance with the Rules.
The order of examination of witnesses is usually direct examination, cross-examination and re-examination in the following way:
- direct examination by the Party presenting the witness;
- direct examination by any Party of similar interest, in the manner determined by the Tribunal;
- cross-examination by Parties of opposite interest;
- re-examination by the Party presenting the witness; or
- another order of examination mutually agreed among the Parties or directed by the Tribunal.