Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: June 18, 2025

CASE NO.: OLT-25-000158

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Applicant/Appellant: 2723773 Ontario Limited Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To facilitate the development of 6 townhouse blocks Reference Number: OPA D09-2024-005 Property Address: 881-883 Hofland Street Municipality/UT: Innisfil/Simcoe OLT Case No: OLT-25-000158 OLT Lead Case No: OLT-25-000158 OLT Case Name: 2723773 Ontario Limited v. Innisfil (Town)

PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To facilitate the development of 6 townhouse blocks Reference Number: ZBA D14-2023-010 Property Address: 881-883 Hofland Street Municipality/UT: Innisfil/Simcoe OLT Case No: OLT-25-000159 OLT Lead Case No: OLT-25-000158 OLT Case Name: 2723773 Ontario Limited v. Innisfil (Town)

PROCEEDING COMMENCED UNDER section 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision Description: To facilitate the development of 6 townhouse blocks Reference Number: Draft Plan D12-2021-002 Property Address: 881-883 Hofland Street Municipality/UT: Innisfil/Simcoe OLT Case No: OLT-25-000160 OLT Lead Case No: OLT-25-000158 OLT Case Name: 2723773 Ontario Limited v. Innisfil (Town)

BEFORE: D. CHIPMAN MEMBER Friday, the 13th day of June, 2025

THE TRIBUNAL ORDERS that further to the Decision issued on May 28, 2025, the Procedural Order, as agreed to between the Parties and attached hereto as Schedule “A”, shall be in force and effect for the purpose of governing the required procedures leading up to and including the hearing, which is scheduled to commence on December 17, 2025. The Tribunal has set aside 2 days for the hearing.

“Matthew D.J. Bryan”

MATTHEW D.J. BRYAN REGISTRAR

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.

1. The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties’ request or its own motion.

Organization of the Hearing

2. The video hearing will be held on Wednesday, December 17 and Thursday, December 18, 2025, starting at 10:00 a.m.at the following:

GoTo Meeting: https://global.gotomeeting.com/join/979388733

Access Code: 979-388-733

Audio-only telephone line: (Toll-Free) 1-888-299-1889 or +1 (647) 497-9373.

3. The parties’ initial estimation for the length of the hearing is two (2) days. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.

4. The exchange deadlines are found in Attachment 1. The parties and participants identified at the case management conference are set out in Attachment 2. The issues are set out in the Issues List attached as Attachment 3. There will be no changes to the Issues List unless the Tribunal permits and a party who asks for changes may have costs awarded against it.

5. The order of evidence shall be as set out in Attachment 4 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.

6. Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.

7. Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website.

Requirements Before the Hearing

8. A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of the witnesses. This list must be delivered on or before Friday, October 17, 2025 and in accordance with paragraph 20 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.

9. Expert witnesses in the same field shall have a meeting on or before Friday, November 7, 2025 and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before Friday, November 14, 2025. The Parties shall also confirm with the Tribunal on or before Friday, November 14, 2025 whether all the reserved hearing dates are still required.

10. An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 12 below. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.

11. Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s evidence as in paragraph 12 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 12 below.

12. On or before Friday, November 21, 2025 the parties shall provide copies of their witness and expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 20 below.

13. On or before Friday, November 21, 2025 a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 20 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

14. On or before Friday, December 5, 2025 the parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence in accordance with paragraph 20 below

15. On or before Wednesday, December 10, 2025 the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 20 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

16. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before Wednesday, December 10, 2025.

17. A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.

18. A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.

19. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before Friday, December 12, 2025 with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.

20. All filings shall be submitted electronically unless otherwise directed. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7.

21. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.

This Member is seized.

So orders the Tribunal.

BEFORE:

Name of Member: D. Chipman

Date:

TRIBUNAL REGISTRAR

ATTACHMENT 1

SUMMARY OF DATES

DATE EVENT

Friday, October 24, 2025 Exchange of witness lists (names, disciplines).

Friday, November 7, 2025 Experts meeting prior to this date (if any)

Friday, November 14, 2025 Agreed Statement of Facts (if any). Confirm if all hearing dates still required.

Friday, November 21, 2025 Exchange of Witness Statements, summoned witness outlines, Expert Reports and Participant Statements.

Friday, December 5, 2025 Exchange of Reply Witness Statements (if any)

Wednesday, December 10, 2025 Exchange of visual evidence (if any) Finalize Joint Document Book

Friday, December 12, 2025 Hearing Plan to be filed with the Tribunal.

Wednesday, December 17 and Thursday, December 18, 2025 Hearing conducted.

ATTACHMENT 2

PARTIES

1. 2723773 Ontario Limited Aird & Berlis LLP 181 Bay Street, Suite 1800 Toronto, ON M5J 2T9 Patrick Harrington Tel: 416.865.3424 Email: pharrington@airdberlis.com

2. Town of Innisfil Osler, Hoskin & Harcourt LLP 1 First Canadian Place 100 King Street West, Suite 6200 Toronto ON M5X 1B Chris Barnett Tel: 416.862.6551 Email: cbarnett@osler.com

Evan J. Barz Tel: 416.862.4209 Email: ebarz@osler.com

ATTACHMENT 3

ISSUES LIST

NOTE: The identification of an issue on the Issues List does not constitute an acknowledgement by the OLT or any party that such issue, or the manner in which the issue is expressed, is either appropriate or relevant to the determination of the OLT at the hearing. The extent to which these issues are appropriate or relevant to the determination of the OLT at the hearing will be a matter of evidence and argument at the hearing. The identification of an issue on this list by a party indicates that party’s intent to lead evidence or argue that the issue is relevant to the proceeding, for the purpose of fairly identifying to the other parties the case they need to meet and shall not be construed as the OLT having jurisdiction over such matters in each circumstance. Accordingly, no party shall advance an issue not identified on the Issues List without leave of the OLT.

1. Do the applications for official plan amendment, zoning by-law amendment, and draft plan of subdivision (together, the “Planning Applications”) conform with the policies of the Town of Innisfil Official Plan, including, without limitation, Policies 9.9.5, 9.9.6, 9.9.7, 10.2.14 and 10.1.27?

2. Is it appropriate to amend and remove Policy 10.2.14 of the Town of Innisfil Official Plan, which provides that new lots which abut existing lots along Church Drive in Lefroy Belle-Ewart shall not be less than 21 metres in width measured at the rear lot line where it abuts the existing lots?

3. Does the proposed plan of subdivision have appropriate regard for the matters described in section 51(24) of the Planning Act and, if so, what are the appropriate conditions of draft approval?

4. If the zoning by-law amendment is approved, should the proposed zoning by-law amendment be subject to holding conditions?

5. Do the Planning Applications represent good land use planning and are they in the public interest?

ATTACHMENT 4

ORDER OF EVIDENCE

1. 2723773 Ontario Limited.
2. Town of Innisfil.
3. 2723773 Ontario Limited (in reply, if necessary).

ATTACHMENT 5

PURPOSE OF THE PROCEDURAL ORDER AND MEANING OF TERMS

Meaning of terms used in the Procedural Order:

A party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other parties, and making submissions on all of the evidence. An unincorporated group cannot be a party and it must appoint one person to speak for it, and that person must accept the other responsibilities of a party as set out in the Order. Parties do not have to be represented by a lawyer and may have an agent speak for them. The agent must have written authorisation from the party.

NOTE that a person who wishes to become a party before or at the hearing, and who did not request this at the case management conference (CMC), must ask the Tribunal to permit this.

A participant is an individual or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a party may do so). Section 17 of the Ontario Land Tribunal Act states that a person who is not a party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A participant may also be asked questions by the parties should the Tribunal direct a participant to attend a hearing to answer questions on the content of their written submission.

A participant must be identified and be accorded participant status by the Tribunal at the CMC. A participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A participant cannot ask for costs, or review of a decision, as a participant does not have the rights of a party to make such requests of the Tribunal.

Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party or participant intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.

Visual evidence includes photographs, maps, videos, models, and overlays which a party or participant intends to present as evidence at the hearing.

A witness statement is a short written outline of the person’s background, experience and interest in the matter; a list of the issues which he or she will discuss ; and a list of reports or materials that the witness will rely on at the hearing.

An expert witness statement should include his or her (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness’ opinions on those issues and the complete reasons supporting their opinions and conclusions and (5) a list of reports or materials that the witness will rely on at the hearing. An expert witness statement must be accompanied by an acknowledgement of expert’s duty.

A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a statement of the participant’s position on the appeal; a list of the issues which the participant wishes to address and the submissions of the participant on those issues; and a list of reports or materials, if any, which the participant wishes to refer to in their statement.

Additional Information

A summons may compel the appearance of a person before the Tribunal who has not agreed to appear as a witness. A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons through a request. (See Rule 13 on the summons procedure.) The request should indicate how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the information provided in the request that the evidence is relevant, necessary or admissible, the party requesting the summons may provide a further request with more detail or bring a motion in accordance with the Rules.

The order of examination of witnesses is usually direct examination, cross-examination and re-examination in the following way:

• direct examination by the party presenting the witness;
• direct examination by any party of similar interest, in the manner determined by the Tribunal;
• cross-examination by parties of opposite interest;
• re-examination by the party presenting the witness; or
• another order of examination mutually agreed among the parties or directed by the Tribunal.