Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 18, 2025
CASE NO(S).: OLT-25-000253
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Line 2 Developments Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of 349 residential units, a park block, a watershed treatment facility, a water treatment facility, a stormwater management pond, and a new public road system
Reference Number: ZBA 2023-02
Property Address: 753072 2nd Line
Municipality/UT: Town of Mono/County of Dufferin
OLT Case No.: OLT-25-000253
OLT Lead Case No.: OLT-25-000253
OLT Case Name: Line 2 Developments Inc. v. Mono (Town)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Line 2 Developments Inc.
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit the development of 349 residential units, a park block, a watershed treatment facility, a water treatment facility, a stormwater management pond, and a new public road system
Reference Number: SUB 2023-01
Property Address: 753072 2nd Line
Municipality/UT: Town of Mono/County of Dufferin
OLT Case No.: OLT-25-000254
OLT Lead Case No.: OLT-25-000253
Heard: June 13, 2025 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Line 2 Developments Inc. | I. Kagan, S. Kagan |
| Town of Mono | S. Floras, J. Wilker (in absentia) |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. DEBOER ON JUNE 13, 2025 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The matter before the Tribunal was the first Case Management Conference (“CMC”) held in preparation for a hearing of the appeal by Line 2 Developments Inc. (“Appellant”) pursuant to s. 34(11) and 51(34) of the Planning Act due to the non-decision by the Town of Mono concerning the Zoning By-law Amendment and the Draft Plan of Subdivision Applications for the lands municipally known as 753072 2nd Line in the Town of Mono (“Subject Lands”).
2The purpose of this CMC was to consider requests for Party or Participant Status, and to consider next steps in the hearing process.
BACKGROUND
3The Appellant is seeking approval of the applications that would permit the development of the Subject Lands with 349 residential units, a park block, a watershed treatment facility, a water treatment facility, a stormwater management pond, and a new public road system with connections to 2nd Line to the east and Coles Crescent to the south. The site is currently occupied with a single-family dwelling, barn and wooded areas agricultural fields and wetlands with a total lot area of approximately 41.31 hectares. The natural heritage features on the site will be protected. The Subject Lands are proposed to be serviced with an independent, stand-alone communal water treatment system and an independent, stand-alone communal sewage treatment system.
AFFIDAVIT OF SERVICE
4The Tribunal reviewed and marked the Affidavit of Service by Christopher J. Drew dated May 28, 2025, as Exhibit 1 to the hearing event. After review with the Parties, the Tribunal ruled that no further Notice would be necessary.
STATUS REQUESTS
5Prior to the commencement of the CMC, the Tribunal received a Party Status request from John Voight. The Tribunal reviewed Mr. Voight’s Party Status request form and reviewed the rules and expectations of a Party as per Rule 8.1 of the Ontario Land Tribunal’s Rules of Practice and Procedure. After review, Mr. Voight stated that he did not wish to be a Party but would like to remain as a Participant to the proceedings. The Tribunal ruled that Mr. Voight would remain as a Participant to the matter. No other persons made a Status request before, nor during the CMC.
OPPORTUNITES FOR RESOLUTION
6The Tribunal canvassed the Parties concerning Tribunal-led mediation. It is noted that the Appellant did make a request for Tribunal-led mediation, however, the Town did not agree with the use of Tribunal-led mediation at this time. The Town stated that due to the differences in the positions of the Parties, they were not at a point of agreeing to Tribunal-led mediation.
MOTION REQUEST
7At the CMC, the Town made a Motion request to the Tribunal as per s.19 (1) of the Ontario Land Tribunal Act as it was the Town’s opinion that the appeal had no chance of success. After discussions with the Parties, the Tribunal ruled that the Motion would be scheduled for November 6, 2025, at 10 a.m. by video conference for a duration of two days. The Parties submitted that due the number of materials that would potentially be before the Tribunal concerning this Motion, the Parties would be requesting that the exchange dates pertaining to the Motion be modified, so the most fulsome of materials to be presented to the Tribunal. The Tribunal ruled that the Parties were to inform the Tribunal, by email, the agreed upon exchange dates of Motion materials no later than July 11, 2025. The Tribunal would then review the exchange dates and rule whether the proposed dates would be appropriate. Since the time of the CMC, the Parties emailed the case coordinator informing them of the requested dates concerning the submission of Motion materials to the Tribunal. The Tribunal has reviewed the submitted dates and approves of these dates. Therefore, the Tribunal ruled that the submission of Motion materials will be as follows:
The Town is to file its Motion materials to the Appellant and to the Tribunal by end of business Friday, October 10, 2025.
The Appellant is to file its Response materials to the Town and to the Tribunal by the end of business Friday October 24, 2025.
The Town is to file its Reply materials to the Appellant and to the Tribunal by end of business Friday, October 31, 2025.
PROCEDURAL ORDER AND ISSUES LIST
8The Parties had not completed a Procedural Order (“PO”) or an Issues List (“IL”) at the time of the CMC. It is the intention of the Parties to send an agreed upon PO and IL to the Tribunal by July 11, 2025, which is to include requested hearing dates of July 2026. The Tribunal ruled that this was appropriate and that the Parties were to submit the PO and IL for the Tribunal’s review by July 11, 2025. Once approved, the Tribunal would then schedule a hearing date that would most closely match the requested hearing dates, based on the availability of the Tribunal’s calendar. If the PO and IL was not submitted by the July 11, 2025, date, the Tribunal would not schedule a hearing of the merits.
SCHEDULING OF MOTION HEARING
9The Tribunal has scheduled a Motion Hearing to occur by Video Hearing beginning on Thursday November 6, 2025, at 10 a.m. for a duration of two days.
10Parties and Participants are asked to log into the Video Hearing at least 15 minutes before the start of the event to test their video and audio connections:
GoTo Meeting: https://meet.goto.com/348282861
Access code: 348-282-861
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 GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html
11Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: (Toll Free) 1-888-299-1889 or +1 (647) 497-9373. The access code is indicated as above.
12Individuals 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 Hearing 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
13THE TRIBUNAL ORDERS its directions listed above.
14The Member is not seized but may be spoken to if procedural issues arise, schedule permitting.
“Steve DeBoer”
steve deboer
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.