Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 03, 2025
CASE NO(S).: OLT-24-000607
PROCEEDING COMMENCED UNDER subsection 69(3) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant: Losani Homes (Paris) Ltd.
Subject: Protest the levying of fees in relation to an application for (insert planning instrument)
Property Location/Description: Part of Lot 9, Block 33, and Part of Lot 2, Block 32, Registered Plan 492, and Part of Lots 31 and 32, Concession 1, and Part of Miscellaneous Gore, Fronting Lots 31 and 32, Geographic Township of South Dumfries, in the County of Brant
Municipality/UT: County of Brant
OLT Case No.: OLT-24-000607
OLT Lead Case No.: OLT-24-000607
OLT Case Name: Losani Homes (Paris) Ltd. v. Brant (County)
PROCEEDING COMMENCED UNDER subsection 19(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6
Request by: County of Brant
Request for: Request for Dismissal Without a Hearing
Heard: May 20, 2025, by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Losani Homes (Paris) Ltd. ("Appellant"/ "Responding Party") | Jennifer Meader, Meredith Baker |
| County of Brant ("County"/ "Moving Party") | Rochelle M. Welchman, Kristine Murphy |
MEMORANDUM OF ORAL DECISION DELIVERED BY STEVEN T. MASTORAS ON MAY 20, 2025, AND ORDER OF THE TRIBUNAL
INTRODUCTION AND BACKGROUND
1This matter was previously scheduled to commence as a Case Management Conference (“CMC”) to consider an appeal (“Appeal”) pursuant to s.69(3) of the Planning Act (“Act”) in protest of the levying of fees in the County of Brant (“County”) by Losani Homes (Paris) Ltd. (“Appellant”/ “Responding Party”).
2The original CMC date was for November 6, 2024, but following discussions between the Parties, and on consent, it was agreed that the matter would be converted to a Motion for dismissal of the Appeal (“Motion”) filed by the County (“Moving Party”) under s. 19(1) of the Ontario Land Tribunal Act (“OLTA”).
3The matter deals with the properties legally described as Part of Lot 9, Block 33, and Part of Lot 2, Block 32, Registered Plan 492, and Part of Lots 31 and 32, Concession 1, and Part of Miscellaneous Gore, Fronting Lots 31 and 32, in the Geographic Township of South Dumfries, in the County, and known as the Nith Subdivision (“Subject Lands”).
4The Subject Lands were previously the subject of a Settlement Decision (“Settlement”) before the Tribunal’s predecessor, the Local Planning Appeal Tribunal (“LPAT”) issued on February 19, 2020.
5The LPAT’s Decision allowed the appeals, in part, including a Zoning By-law Amendment (“ZBA”) and Draft Plan of Subdivision (“DPS”) with Conditions, permitting a maximum of 564 residential dwelling units, consisting of 282 single detached homes, 70 townhomes, and 212 multiple dwelling units.
6As a first consideration and determination in this Oral Decision, the Tribunal heard the Appellant’s initial submissions that the County Motion should not be considered, based on their interpretation of the Appeal under [s.69(3)](https://www.canlii.org/en/on