Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 13, 2025
CASE NO(S).: OLT-24-000888 OLT-24-000953
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Walker Aggregates Inc
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the establishment of a mineral aggregate extraction operation on the Lands through OPA and ZBA
Reference Number: D.13.04. ROPA-21-0003
Property Address: Part of Lots 119, 120, 136 & 137 in the former Township of Stamford
Municipality/UT: Niagara Falls
OLT Case No.: OLT-24-000888
OLT Lead Case No.: OLT-24-000888
OLT Case Name: Walker Aggregates Inc v. Niagara (City)
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Walker Aggregates Inc
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the establishment of a mineral aggregate extraction operation on the Lands through OPA and ZBA
Reference Number: AM-2021-025
Property Address: Part of Lots 119, 120, 136 & 137 in the former Township of Stamford
Municipality/UT: Niagara Falls
OLT Case No.: OLT-24-000953
OLT Lead Case No.: OLT-24-000953
OLT Case Name: Walker Aggregates Inc v. Niagara (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Walker Aggregates Inc
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
To permit the establishment of a mineral aggregate extraction operation on the Lands through OPA and ZBA
Reference Number: AM-2021-025
Property Address: Part of Lots 119, 120, 136 & 137 in the former Township of Stamford
Municipality/UT: Niagara Falls
OLT Case No.: OLT-24-000954
OLT Lead Case No.: OLT-24-000953
OLT Case Name: Walker Aggregates Inc v. Niagara (City)
Heard: May 8, 2025 by video hearing
APPEARANCES:
Parties
Counsel
Walker Aggregates Inc.
Jonathan Kahn Ryan McNamara
Niagara Region
David Germain
City of Niagara Falls
Paul DeMelo
Parkbridge Lifestyle Communities Inc. and 1000352619 Ontario Inc. (c/o QuadReal Property Group)
Jonathan Cheng Calvin Lantz (in absentia)
Rudanco Hospitality Corporation and Zeljko Holdings Limited
Jonathan Cheng Calvin Lantz (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY BITA M. RAJAEE ON MAY 8, 2025 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This event was the second Case Management Conference (“CMC”) before the Tribunal for two matters, as follows:
a. OLT-24-000888: Appeal pursuant to section 22(7) of the Planning Act (“Act”) by Walker Aggregates Inc. (“Applicant”) resulting from the failure of the Niagara Region (“Region”) to make a decision within the statutory timeframes of the Act on an amendment to the Regional Official Plan; and
b. OLT-24-000953 and OLT-24-000954: Appeals pursuant to sections 22(7) and 34(11) of the Act by the Applicant resulting from the failure of the City of Niagara Falls (“City”) to make a decision within the statutory timeframes of the Act on amendments to the City’s Official Plan and Zoning By-law.
2The purpose of the application is to allow for the establishment of a mineral aggregate extraction operation on lands known as Part of Lots 119, 120, 136 & 137 in the former Township of Stamford, now the City.
3The first CMC took place on February 25, 2025, with the decision issued on March 13, 2025 (“First CMC Decision”). At the CMC, the Tribunal confirmed that there were no issues with the service of the Notice of CMC, and the matter can proceed with no further Notice required. Two Affidavits of Service were marked as Exhibits. Tribunal file numbers OLT-24-000888, OLT-24-000953, and OLT-24-000954 were consolidated in accordance with Rule 16 of the Tribunal’s Rules of Practice and Procedure. The following were granted Party status: Parkbridge Lifestyle Communities Inc. and 1000352619 Ontario Inc. (c/o QuadReal Property Group), and Rudanco Hospitality Corporation and Zeljko Holdings Limited. The following were granted Participant status: David J. Rupay, Dr. Frances Chandler, Helene Cayer, and Julie Lantos.
PROCEDURAL MATTERS
4The Parties provided a draft Procedural Order (“PO”) and Issues List (“IL”) prior to this CMC, but advised that the IL was in draft form and the Parties were working on finalizing the issues. They asked the Tribunal to provide the Parties with some time before ratifying the PO and IL. Moreover, as discussed below, the Parties expressed an interest in Tribunal-assisted mediation, and indicated that the IL may be scoped as a result. Finally, the Parties requested that a third CMC be scheduled, to allow them to update the Tribunal on the outcome of the mediation (whether scoping of the issues or a full settlement).
5Additionally, as indicated in the First CMC Decision, the Applicant has submitted an Aggregate Resources Act license application (“ARA Matter”). It is to be referred to the Tribunal, but, as the Parties advised at this CMC, it has not been referred as of yet. Once that matter is received by the Tribunal, the Parties intend to request that it be consolidated with these subject appeals. At the third CMC, the Parties are to provide an update to the Tribunal regarding the ARA Matter. The Parties were directed that, if the ARA Matter is referred to the Tribunal prior to the third CMC, they are to request that the first CMC for the ARA Matter be scheduled to take place on the same day as the third CMC for these subject appeals. Moreover, sufficient time must be allowed for adequate Notice to be served in the ARA Matter. If that is done, then consolidation can be considered at the next CMC. In the alternative, if the ARA Matter is not referred to the Tribunal, the Parties are to provide an update and explain their intentions as to how they wish to proceed.
6In light of the above, it was determined that a third CMC would be scheduled, as indicated below. The Parties were directed to provide a draft PO/IL, or a status update, to the Tribunal, by Tuesday, September 30, 2025. The Applicant’s Counsel undertook to submit them to the Case Coordinator by that date. Some directions were given regarding the IL and the Parties indicated that those would be implemented.
7In addition to the third CMC, the Parties requested that the Tribunal schedule a Hearing for the subject appeals. All Parties indicated that it was not premature, as the IL was almost finalized. Moreover, even the addition of the ARA Matter would not increase the timeline anticipated for the Hearing. Lastly, since a third CMC was scheduled, if any changes to the Hearing schedule were required, it was far enough in advance that those could be accommodated. The Tribunal agreed to schedule the Hearing, but directed that once these dates were put on the calendar, if any changes (such as an adjournment) was required, that was not on consent, the Parties may be required to bring a motion, and it was not a guarantee that the dates would be revised at the third CMC. This direction was given because the Applicant’s Counsel indicated that even if the ARA Matter was not referred to the Tribunal, their position would likely be that the Hearing should proceed on the Planning Act matters alone. As such, the Tribunal clarified that once the Hearing was scheduled, if there was a disagreement as to whether the Hearing should proceed, a motion may be required. All Parties agreed, and the Hearing was scheduled as indicated below.
MEDIATION AND SETTLEMENT
8The Parties indicated that they would like to engage in Tribunal-assisted mediation. The Tribunal directed that the Parties reach out to the Case Coordinator in writing soon after the CMC. A mediation assessment can then be scheduled. The Parties are further directed to advise the Tribunal in writing should they reach a settlement with respect to some or all of the issues prior to the Hearing.
THIRD CMC AND HEARING
9As discussed above, a third CMC has been scheduled to take place by video conference on Tuesday, October 7, 2025 at 10 a.m.
10As also discussed, the Merit Hearing has been scheduled. Given the number of Parties, potential issues, and potential witnesses, the Tribunal agreed that a 10-day Hearing would be sufficient. A Hearing has been scheduled to take place commencing on Monday, July 6, 2026, at 10 a.m. to and including Friday, July 17, 2026. Of note, if the Parties anticipate that more time may be required, they are to advise the Tribunal at their earliest convenience and/or by the third CMC.
11The Parties and Participants are asked to log in to the event at least 15 minutes before it begins, to test their video and audio connections:
Third CMC – Tuesday, October 7, 2025 at 10 a.m.
GoToMeeting: https://global.gotomeeting.com/join/442599157
Access Code: 442-599-157
Audio-Only Telephone Line: +1 (647) 497-9391 or (Toll-Free) 1-888-455-1389
Audio-Only Access Code: 442-599-157
Two-Week Hearing – Monday, July 6 at 10 a.m. to Friday, July 17, 2026
GoToMeeting: https://global.gotomeeting.com/join/442599157
Access Code: 442-599-157
Audio-Only Telephone Line: +1 (647) 497-9391 or (Toll-Free) 1-888-455-1389
Audio-Only Access Code: 442-599-157
12The Parties 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
13Persons 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 at the number indicated 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 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.
ORDER
15THE TRIBUNAL ORDERS as follows:
a. A third Case Management Conference is scheduled as described above in this Decision.
b. The Hearing is scheduled as described above in this Decision.
c. The Procedural Order, or a status update, is to be provided to the Tribunal’s Case Coordinator by Tuesday, September 30, 2025.
16This Member is not seized but may be contacted through the Case Coordinator should procedural issues arise.
“Bita M. Rajaee”
BITA M. RAJAEE
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.