Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 9, 2025
CASE NO(S).: OLT-24-001229
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Worldwide Properties (Alliston) Inc.
Subject: Site Plan
Description: To facilitate the development of two buildings as additional commercial buildings with new Retail spaces
Reference Number: D11-AL-177
Property Address: 17-37 Young Street
Municipality/UT: Town of New Tecumseth / Simcoe County
OLT Case No.: OLT-24-001229
OLT Lead Case No: OLT-24-001229
Heard: June 3, 2025 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Worldwide Properties (Alliston) Inc. | C. Emmett, H. Elston (in absentia) |
| Town of New Tecumseth | J. Feehely |
MEMORANDUM OF ORAL DECISION DELIVERED BY D. ARNOLD ON JUNE 3, 2025 AND ORDER OF THE TRIBUNAL
1This second Case Management Conference (“CMC”) was held with respect to an appeal pursuant to subsection 41(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, (“Planning Act”) by Worldwide Properties (Alliston) Inc. (“Appellant”) pertaining to the failure of the Town of New Tecumseth (“Town”) to approve the plans or drawings required by section 41 of the Planning Act in connection with the proposed additional commercial and retail development on the lands municipally known as 17-37 Young Street in the Town of New Tecumseth (“Proposed Development”) within 60 days after receipt by the Town of such plans or drawings (“Appeal”).
2At the outset of the CMC, the Appellant advised that the various reports and other documents required by the Town in connection with the Proposed Development were forwarded to the Town by the Appellant and that it is anticipated that several other portions of studies pertaining to functional servicing and storm water management will be submitted to the Town at a later date within the month of June, 2025. The Town indicated that it is also awaiting receipt of a completed Application form pertaining to the Proposed Development as well as the Appellant’s updated erosion and sediment plan addressing the comments provided by the Town.
3The Parties requested that this matter be adjourned to a subsequent CMC at which time the Parties would be in a position to either request a Hearing on the merits of any issues of the Appeal that are still in dispute or other steps in the proceedings before the Tribunal, which might include scheduling of a settlement hearing if appropriate.
4In considering the timing of the requested CMC, the Town requested that sufficient time be allowed for the Town’s staff and external consultants to review the Appellant’s filed studies and plans in advance of the requested CMC. In this regard, the Town also requested that the Tribunal provide direction on a deadline for the Appellant to file all outstanding documents with the Town in advance of the requested CMC. The Appellant indicated that there was some uncertainty regarding the time required to prepare and submit the updated erosion and sediment plan; however, a deadline date of June 20, 2025 would be reasonable with respect to the other outstanding documents and might be reasonable with respect to the updated erosion and sediment plan.
5The Tribunal concurred with the request by the Parties to schedule a third CMC. The Tribunal directed the Appellant to use reasonable best efforts to submit the required documents to the Town on or before June 20, 2025. The Tribunal encouraged the Parties to continue discussions with a view to settling some or all of the issues of the Appeal and, in this regard, noted that Tribunal-facilitated mediation may be requested through the Case Coordinator.
CMC DIRECTIVES AND HEARING
6The Tribunal orders that a third CMC in this matter will be held by Video Hearing on September 17, 2025 for the purposes of either identifying the issues of the Appeal remaining in dispute and the required number of hearing day(s) and scheduling of same, or, alternatively, advising if a settlement has been reached and it is in order for the Tribunal to consider a request to schedule a settlement hearing.
7The CMC is scheduled to proceed by video on Wednesday September 17, 2025 at 10 a.m.
8Parties and/or Participants and/or Observers 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/709076365
Access code: 709-076-365
9Parties 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
10Persons 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: +1 (647) 497-9373 or Toll-Free 1-888-299-1889. The access code is: 709-076-365.
11Individuals 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.
12The Tribunal directs the Parties to provide the Tribunal (through the Case Coordinator) with any update with respect to this matter, including any request for the Tribunal’s approval to convert the third CMC to a settlement Hearing.
ORDER
13THE TRIBUNAL ORDERS and provides these CMC directives for the purposes of Case Management of the Appeal.
14The Member is not seized in this matter but will remain available for continued Case Management to the extent that the Tribunal calendar permits.
15No further notice is required nor will be given.
“D. Arnold”
D. ARNOLD
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.