Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 10, 2025
CASE NO(S).: OLT-23-000089 OLT-23-001202 OLT-24-000238
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Blueland Farms Ltd. Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To permit the establishment of a gravel pit on the subject property Reference Number: POPA 2013 -0002 Property Address: 17736 Heart Lake Road (Part Lot 12, Concessions 2 (EHS)) Municipality/UT: Caledon/Peel OLT Case No.: OLT-23-000089 OLT Lead Case No.: OLT-23-000089 OLT Case Name: Blueland Farms Ltd. v. Caledon (Town)
PROCEEDING COMMENCED UNDER subsection 10(3) of the Niagara Escarpment Planning and Development Act, R.S.O. 1990, c. N.2
Appellant: Blueland Farms Ltd. Subject: Proposed Amendment to the Niagara Escarpment Plan Description: To amend the Niagara Escarpment Plan for permission of mineral aggregate resource extraction on the subject property and add special policy to allow transportation of mineral materials Reference Number.: Proposed Niagara Plan Amendment No. PP 213 18 Property Address: 17736 Heart Lake Road Municipality/UT: Caledon/Peel OLT Case No.: OLT-23-001202 OLT Lead Case No.: OLT-23-001202 OLT Case Name: Plan Amendment No. 213 18 (Re)
PROCEEDING COMMENCED UNDER subsection 25(5.1) of the Niagara Escarpment Planning and Development Act, R.S.O. 1990, c. N.2
Appellant: Blueland Farms Ltd. Respondent: Niagara Escarpment Commission Subject: Refusal of a Development Permit Application Description: To propose an establishment of a new 25.97 hectare aggregate extraction operation (gravel pit) on a portion of a 40.5 hectare property Reference Number.: P/E/2017-2018/408 Property Address: 17736 Heart Lake Road Municipality/UT: Caledon/Peel OLT Case No.: OLT-23-001189 OLT Lead Case No.: OLT-23-001202 OLT Case Name: Blueland Farms Ltd. v. Ontario (Niagara Escarpment Commission)
PROCEEDING COMMENCED UNDER subsection 25(5.1) of the Niagara Escarpment Planning and Development Act, R.S.O. 1990, c. N.2
Appellant: Blueland Farms Ltd. Respondent: Niagara Escarpment Commission Subject: Refusal of a Development Permit Application Description: To allow for the transport of up to 750,000 tonnes (annually) of extracted aggregate from 17736 Heart Lake Road to an aggregate operation at 17679 Kennedy Road Reference Number.: P/E/2023-2024/291 Property Address: 17679 Kennedy Road Municipality/UT: Caledon/Peel OLT Case No.: OLT-23-001190 OLT Lead Case No.: OLT-23-001202
PROCEEDING COMMENCED UNDER subsection 11(5) of the Aggregate Resources Act, R.S.O. 1990, c. A.8
Referred by: Ministry of Natural Resources and Forestry Objector: Nikola Balaban Objector: Donna Baylis Objector: Victor Bras and Valentina Tovpeko Objector: Sandy and Pail Caletti Objector: Cheryl Connors; and others Applicant: Blueland Farms Ltd. Subject: Application for a Class A Licence, Category 1 Pit Below Water for the removal of aggregate Description: McCormick Pit Reference Number: Licence No. 626266 Property Address: Part Lot 12, Concession 2 EHS Municipality/UT: Caledon/Peel OLT Case No.: OLT-24-000238 OLT Lead Case No.: OLT-24-000238 OLT Case Name: Blueland Farms Ltd v. Ontario (Natural Resources and Forestry)
Heard: June 6, 2025 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Blueland Farms Ltd. ("Applicant") | A. Burton |
| Town of Caledon ("Town") | C. Barnett |
| Niagara Escarpment Commission ("NEC") | D. Kappos M. McCloskey |
| Ministry of Natural Resources | S. Dalton Z. D’Onofrio |
| Richard Pilosoff | P. Gross G. Reeder R. Northey (in absentia) C. Hummel (in absentia) |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. BRAUN ON JUNE 6, 2025, AND ORDER OF THE TRIBUNAL
1The Parties briefly attended at this Case Management Conference, which was convened for the purpose of receiving an update on the above noted appeals. The background and procedural history of these appeals are adequately summarized in the Tribunal’s previous Decisions with respect to these matters and need not be repeated here.
2The Tribunal was advised that consultations with Six Nations of the Grand River Elected Council and with the Haudenosaunee Confederacy Chiefs Council remain ongoing but have not yet been completed. The Tribunal was also advised that some/all of the Parties have been engaged in positive discussions aimed at resolving some/all of the issues under appeal. The Parties anticipate that such discussions will result in a much shorter hearing than originally scheduled.
3In light of the foregoing, the Parties jointly requested the suspension of all remaining deliverable deadlines in the current Procedural Order (“PO”) governing the hearing, which is scheduled to begin on Tuesday, October 21, 2025. This is to allow settlement discussions to continue and to allow the Parties to submit a revised PO and Issues List (“IL”). The revised PO and IL is anticipated, among other things, to include a mechanism to address proceeding with the hearing in the event that the Indigenous consultation discussed above in paragraph [2] not be completed prior to the commencement of the hearing.
4The Tribunal granted the Parties’ request to suspend all remaining deliverable deadlines in the current PO and directed a revised PO and IL be submitted on consent no later than Wednesday, July 9, 2025. Following a brief discussion, the Applicant agreed that should settlement discussions lead to revised plans, such plans will be circulated to all Parties for review by Wednesday, June 25, 2025. Alternatively, if revised plans are anticipated but not yet ready for circulation by the above noted date, the Parties shall email the assigned case coordinator with an update on the expected date for circulation of same, along with a request to extend the date for the submission of the revised PO and IL.
ORDER
5The case management directives above are so ordered.
6The Member is not seized but will be available for further case management should the Tribunal’s calendar permit.
“S. Braun”
S. Braun
VICE-CHAIR
Ontario Land Tribunal
Website: 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.