Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 19, 2025
CASE NO(S).: OLT-25-000115
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 1983358 Ontario Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the development of 495 residential units
Reference Number: OPA-05-21
Property Address: 13437 Loyalist Parkway
Municipality: County of Prince Edward
OLT Case No.: OLT-25-000115
OLT Lead Case No.: OLT-25-000115
OLT Case Name: 1983358 Ontario Inc. v. Prince Edward (County)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 1983358 Ontario Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of 495 residential units
Reference Number: Z21-21
Property Address: 13437 Loyalist Parkway
Municipality: County of Prince Edward
OLT Case No.: OLT-25-000116
OLT Lead Case No.: OLT-25-000115
OLT Case Name: 1983358 Ontario Inc. v. Prince Edward (County)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 1983358 Ontario Inc.
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit the development of 495 residential units
Reference Number: 13-T-21-503
Property Address: 13437 Loyalist Parkway
Municipality: County of Prince Edward
OLT Case No.: OLT-25-000117
OLT Lead Case No.: OLT-25-000115
OLT Case Name: 1983358 Ontario Inc. v. Prince Edward (County)
Heard: June 11, 2025, by Video Hearing
APPEARANCES:
Parties
Counsel
1983358 Ontario Inc.
D. Gregory Meeds
County of Prince Edward
Lisa Scheulderman Jennifer Savini (in absentia)
Canadian Tire Real Estate Ltd. Canadian Tire Properties Inc.
Matthew Lakatos-Hayward Adrianna Pilkington (in absentia) Signe Leisk (in absentia)
Waring’s Creek Improvement Association
Colin Leger Peter Pickfield (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY T.F. NG ON JUNE 11, 2025 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) for the above-noted matter. 1983358 Ontario Inc.(“Appellant”) has filed appeals against the County of Prince Edward’s (“County”) failure to make a decision within the statutory time frames for the Appellant’s application to permit a development of a mixture of housing types, including a 45-unit seniors village with respect to the property 13437 Loyalist Parkway. The appeals were pursuant to s. 22(7), s.34(11) and s.51(34) of the Planning Act (“Act”).
2The Affidavits of Service on file were marked as Exhibit A (Arlety Casanova’s Affidavit) and Exhibit B (Linda Cole’s Affidavit).
PARTY/PARTICIPANT REQUESTS
3There were three Party Status requests and one Participant Status request received. By consent of the parties, the Tribunal granted party status to Canadian Tire Real Estate Ltd., Canadian Tire Properties Inc., and Waring’s Creek Improvement Association.
4The Participant status request of Gregor Stuart (PEC Trails Committee) was deferred to the next CMC as Mr. Stuart did not appear.
DRAFT PROCEDURAL ORDER
5Counsel for the Appellant, Mr. Meeds, informed the Tribunal that a draft Procedural Order (“PO”) has not been filed and requested a CMC to be scheduled. All parties agreed with the request.
MEDIATION
6The Parties have no instructions on mediation but will be open to same once there is clarity on the issues.
DISPOSITION
7The Tribunal will schedule a CMC. There is no further notice, and the member is not seized.
8The Tribunal directs that the draft PO, together with the Issues list, be forwarded to the Case Coordinator by July 25, 2025.
CMC
9The CMC is scheduled to proceed by video on Friday, August 8, 2025 at 10 a.m.
10Parties and Participants are asked to log in to the Video Hearing at least 15 minutes before the start of the event to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/709076365
Access Code: 709-076-365
11Parties 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
12Persons 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 in to an audio-only telephone line: +1 (647) 497-9373 or (Toll Free) 1-888-299-1889. The access code is the same as indicated above.
13Individuals 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 CMC by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator, having carriage of this Case.
ORDER
14THE TRIBUNAL ORDERS that:
Party status is granted to Canadian Tire Real Estate Ltd., Canadian Tire Properties Inc., and Waring’s Creek Improvement Association.
The Procedural Order and Issues List be filed by July 25, 2025.
“T.F. Ng”
T.F. NG
MEMBER
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.