Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: June 4, 2025

CASE NO(S).: OLT-23-000521

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Applicant/Appellant: Sifton Properties Limited Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To permit a residential development consisting of single detached units and townhouses Reference Number: OP-04-18 Property Address: 277, 299 and 301 Hardy Road Municipality/UT: Brantford/Brant OLT Case No: OLT-23-000521 OLT Lead Case No: OLT-23-000521 OLT Case Name: Sifton Properties Ltd. v. Brantford (City)

PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Applicant/Appellant: Sifton Properties Limited Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit a residential development consisting of single detached units and townhouses Reference Number: PZ-15-18 Property Address: 277, 299 and 301 Hardy Road Municipality/UT: Brantford/Brant OLT Case No: OLT-23-000522 OLT Lead Case No: OLT-23-000521

PROCEEDING COMMENCED UNDER section 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Applicant/Appellant: Sifton Properties Limited Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision Description: To permit a residential development consisting of single detached units and townhouses Reference Number: 29CD-18503 Property Address: 277, 299 and 301 Hardy Road Municipality/UT: Brantford/Brant OLT Case No: OLT-23-000523 OLT Lead Case No: OLT-23-000521

Heard: June 2, 2025 by Video Hearing

APPEARANCES:

Parties Counsel

Sifton Properties Limited Olivia Rasekhi Ira Kagan (in absentia) Sarah Kagan (in absentia)

City of Brantford Devin Santos

Brantford Golf and Country Club Not in attendance

Granite Property Nominee Inc. Not in attendance

MEMORANDUM OF ORAL DECISION DELIVERED BY David Brown ON JUNE 2, 2025 AND ORDER OF THE TRIBUNAL

INTRODUCTION AND BACKGROUND

1The Tribunal convened a Case Management Conference (“CMC”) with respect to Appeals filed by Sifton Properties Limited (“Appellant”) pursuant to s. 22(7), s. 34(11), and s. 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended (the “Act”) against the City of Brantford (“City”) for its failure to make a decision within the timeframes prescribed in the Act. The Appellant has filed an Application to Amend the Official Plan (“OPA”), an Application to Amend the Zoning By-law (“ZBA”), and an Application for a Plan of Subdivision to create a Vacant Land Condominium (“VLC”) (together the “Applications”) to facilitate the development of the lands located and known municipally as 277, 299, and 301 Hardy Road (“Subject Lands”).

2The Parties entered into mediation resulting in a Settlement of the Appeals save and except the zoning designation for a block of land located at the northeast corner of the Subject Lands referred to as the Northeast Medium Density Block (“NMDB”). The Tribunal considered the Settlement and issued an Interim Order allowing the Appeals subject to conditions being addressed prior to the issuance of a Final Order and deferred consideration of the ZBA, in part, as it relates to the NMDB.

3The subject CMC was scheduled to permit the Parties to update the Tribunal on the status of the ZBA for the NMDB.

CASE MANAGEMENT MATTERS

4Ms. Rasekhi, Counsel for the Appellant, advised that the Parties have agreed to enter into Tribunal-led mediation, and they will be submitting the request through the Tribunal in the coming days. Accordingly, no hearing date is being requested at this time.

5Mr. Santos, Counsel for the City, attended and confirmed that the City is agreeable to mediation.

6Anna Toumanians, Counsel to Parkside Hills Inc. (“Parkside”), a Participant in this matter, attended and advised that her client maintains their interest in these proceedings specifically as it relates to servicing implications for her client’s property. She advised that her client has been in discussions with the Appellant and is continuing to monitor this matter. She requested the Tribunal to continue to include her client with any notifications relating to the Appeals and requested that the Appellant keep her client apprised of the outcome of the mediation.

7The Tribunal confirmed that Parkside will remain on the Tribunal’s circulation list and encouraged the Appellant to maintain communications with Ms. Toumanians’ client.

8The Tribunal canvassed Counsel whether they have had contact with either Brantford Golf and Country Club (“BGCC”) or Granite Property Nominee Inc. (“Granite”).

9Ms. Rasekhi advised that her office has been in contact with Mr. Longo, Counsel for Granite, and advised that they are continuing to work with Granite in accordance with the terms of their Settlement. Ms. Rasekhi advised that Mr. Longo indicated that he would not be in attendance at the CMC.

10Mr. Santos advised that the City is continuing to work with BGCC with respect to a future road crossing related to their operation.

DIRECTIVES

11The Tribunal scheduled a further CMC for one day on Friday, December 5, 2025 at 10 a.m. by video hearing for the purpose of updating the Tribunal on the status of the NMDB Appeal and scheduling future attendance before the Tribunal.

12Parties and 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/656004293

Access Code: 656-004-293

13Parties 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 GoTo Meeting, or a web application is available: https://app.gotomeeting.com/home.html

14Persons 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 as indicated above.

15Individuals 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.

16Should the Parties successfully negotiate a Settlement of the NMDB Appeal, they may request the Tribunal convert the CMC to a Settlement Hearing. The Parties shall notify the Tribunal of their request at least two weeks prior to the CMC.

17Should the Parties request the Tribunal to convert the CMC, scheduled for December 5, 2025, to a Settlement Hearing, the Appellant is directed to submit the following documents in an electronic format to the Tribunal on or before Monday, November 24, 2025:

a. A copy of the executed Minutes of Settlement,

b. An Affidavit in support of the Settlement prepared by a qualified Land Use Planner, and

c. A draft order including the draft instrument(s) for the Tribunal’s consideration.

18The case management directives set out above are so ordered.

19There will be no further notice provided in respect of these proceedings.

20The Member shall remain seized of this matter.

“David Brown”

DAVID BROWN

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.