ISSUE DATE: June 17th, 2025
CASE NO.: OLT-24-001192
PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Bruce Trail Conservancy
Subject: Consent – Conditions of provisional consent
Description: To create one new rural residential lot from the southern portion of the subject property
Reference Number: B03/24
Property Address: 287199 10 Sideroad
Municipality/UT: Mono/Dufferin
OLT Case No: OLT-24-001192
OLT Lead Case No: OLT-24-001192
OLT Case Name: The Bruce Trail Conservancy v. Mono (Town)
BEFORE:
GREGORY J. INGRAM
Tuesday, the 17th
MEMBER
day of Month, Year
THIS MATTER having not yet come before the Ontario Land Tribunal (the “Tribunal”) for a public hearing;
AND THE TRIBUNAL having directed the submission of a draft Procedural Order on consent of all the parties;
AND THE TRIBUNAL having received the requested draft Procedural Order, on consent;
NOW THEREFORE
THE TRIBUNAL ORDERS that the Procedural Order attached hereto as Schedule “1” is in full force and effect.
“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.
ISSUE DATE:
CASE NO(S).: OLT-24-001192
PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Bruce Trail Conservancy
Subject: Consent – Conditions of provisional consent
Description: To create one new rural residential lot from the southern portion of the subject property
Reference Number: B03/24
Property Address: 287199 10 Sideroad
Municipality/UT: Mono/Dufferin
OLT Case No: OLT-24-001192
OLT Lead Case No: OLT-24-001192
OLT Case Name: The Bruce Trail Conservancy v. Mono (Town)
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
The video hearing will begin on July 7, 2025, at 10:00 am, through video link at GOTO Meeting: https://meet.goto.com/519389173. Access code: 519-389-173.
The parties’ initial estimation for the length of the hearing is 3 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.
The parties and participants are set out in Attachment 1 (see the sample procedural order for the meaning of these terms).
The issues are set out in the Issues List attached as Attachment 2. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.
The order of evidence shall be as set out in Attachment 3 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.
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.
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
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 and the order in which they will be called. This list must be delivered on or before May 2, 2025, and in accordance with paragraph 21 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.
Expert witnesses in the same field shall have a meeting on or before May 14, 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 May 21, 2025.
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.
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.
On or before May 30, 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 21 below.
On or before May 30, 2025, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 21 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.
On or before June 4, 2025, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
On or before June 25, 2025, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 21 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.
Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence on or before June 12, 2025, and in accordance with paragraph 21 below.
The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before June 25, 2025.
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.
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.
The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before June 25, 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.
All filings shall be submitted electronically. 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.
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.
A summary of the various filing dates is contained in Attachment 4.
This Member is [not] seized. So orders the Tribunal.
BEFORE:
Name of Member:
Date:
TRIBUNAL REGISTRAR
ATTACHMENT 1
Parties
- Bruce Trail Conservancy
TMA Law
25 Main Street West, Suite 2010 Hamilton, ON L8P 1H1
Jennifer Meader
Email: jmeader@tmalaw.ca Phone: 905.529.3476
Meredith Baker
Email: mbaker@tmalaw.ca Phone: 905.529.3476
2. The Town of Mono
Thomson Rogers LLP
390 Bay Street, Suite 3100 Toronto, ON M5H 1W2
Jeffrey Wilker
Email: jwilker@trlaw.com Phone: 416.868.3118
Stan Floras
Email: sfloras@trlaw.com Phone: 416.868.3150
Participants
- Elaine Kehoe
Email: ekehoe@sympatico.ca Phone: 416.278.0062
ATTACHMENT 2
Issues List
Does the Parkland Condition have appropriate regard for matters of provincial interest as set out in section 2 of the Planning Act, including but not limited to paragraphs a), d), h), h.1), i), l), and n)?
Should the Parkland Condition be imposed given the provisions of section 53 of the Planning Act, including but not limited to subsection 53(12) together with the sections referred to in that subsection and subsection 53(13)?
Is the Parkland Condition reasonable in accordance with subsection 53(12) incorporating by reference subsection 51(25) of the Planning Act?
Is the Parkland Condition in the public interest? Is the Parkland Condition reasonable, relevant, necessary and equal?
Is the imposition of the Parkland Condition in keeping with the purpose and intent of section 53(12) including referred to section 51.1 of the Planning Act and/or of the Town’s Parkland Dedication By-law 2003-41 as amended?
Is section 42 of the Planning Act relevant to the consideration of the imposition of the Parkland Condition?
Is the consent development?
What is the import of the Parkland Condition being imposed on the severed lot?
How does the imposition of the Parkland Condition, or its deletion, impact the Town in its delivery of parks and recreation facilities and services?
What guarantees are there that the retained lot be delivered as part of the Bruce Trail system?
Is the Parkland Condition consistent with the Provincial Planning Statement, 2024, including but not limited to policies 2.1.6, 2.9, 3.1.1 c), 3.9 and 4.1?
Does the Parkland Condition conform with the Niagara Escarpment Plan, including but not limited to Objectives 1, 3, 4, 6 and 7?
Does the Parkland Condition conform with the Dufferin County Official Plan, including but not limited to sections 1.1.5 a), 1.1.5f), 1.1.5m), 1.1.5n), 2.3d), 3.3, 3.8.2 d, e) and f), 5.0, 5.1, 5.2b), and 8.6.6? What weight should be given to County OPA #3, and its amendments to the above sections including sections 5.0 and 5.1, and should the Clergy Principle be imposed in this consideration?
Does the Parkland Condition conform with the Town of Mono Official Plan, including but not limited to: Section 2, Policy 1.(b)(iii); Section 4, Policy 3; Section 5, Policies 1(p), 1(q)(iii), (vii), 1(q)(viii) and 1(q)(xi); Section 14A, Policies 1(e), 1(h) and 3, Section 24, Policies 7 (a), (b), (c), 13 f) iv) and 18 (a)(i) 1. 2. and 4.?
Does the Parkland Condition represent good planning?
Should alternate condition(s) be imposed should the Parkland Condition not be imposed?
Notes:
(a) Where an issue refers to a provision from the Planning Act, PPS or the Niagara Escarpment Plan or either of the Official Plans, in addressing the issue the planning document from which the provision is taken should be read in its entirety with all relevant provisions being considered. For greater certainty, the identification of a specific provision in an issue does not preclude the parties from referring to other provisions from the same planning document in addressing that issue.
(b) The identification of an issue does not mean that all parties agree that such issue, or the manner in which the issue is expressed, is appropriate or relevant to the determination of the Tribunal at the hearing. The extent to which these issues are appropriate or relevant to the determination of the Tribunal at the hearing will be a matter of evidence and argument at the hearing.
ATTACHMENT 3
Order of Evidence
Bruce Trail Conservancy
The Town of Mono
Bruce Trail Conservancy In reply
ATTACHMENT 4
Summary of Filing Dates
EVENT
DATE
List of Witnesses
May 2, 2025
Expert Witness Meetings
May 14, 2025
Agreed Statement of Facts & Remaining Issues
May 21, 2025
Witness and Expert Witness Statements
May 30, 2025
Participant Statement
May 30, 2025
Confirm Hearing Dates with Tribunal
June 4, 2025
Reply Witness Statement
June 12, 2025
Visual Evidence
June 25, 2025
Joint Document Book
June 25, 2025
Hearing Plan
June 25, 2025
OLT Hearing Commences
July 7, 2025