Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 04, 2025
CASE NO(S).: OLT-22-001930 (Formerly PL200426)
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: CannTrust Inc. Appellant: Redecan & Redecan Pharm Appellant: Woodstock Biomed Inc. Subject: Proposed Official Plan Amendment No. OPA 09 Municipality: Town of Pelham OLT Case No.: OLT-22-001930 Legacy Case No.: PL200426 OLT Lead Case No.: OLT-22-001930 Legacy Lead Case No.: PL200426 OLT Case Name: Woodstock Biomed Inc. v. Pelham (Town)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: CannTrust Inc. Appellant: Redecan & Redecan Pharm Appellant: Woodstock Biomed Inc. Subject: By-law No. BL 4252(2020) Municipality: Town of Pelham OLT Case No.: OLT-22-001931 Legacy Case No.: PL200427 OLT Lead Case No.: OLT-22-001930 Legacy Lead Case No.: PL200426
Heard: June 17, 2025 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Redecan and Redecan Pharm | B. Duxbury |
| Town of Pelham | J. Stirton |
MEMORANDUM OF ORAL DECISION DELIVERED ON JUNE 17, 2025, BY S. DEBOER AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision arises from the Case Management Conference (“CMC”) held at the request of the Tribunal concerning the satisfaction of conditions by Redecan and Redecan Pharm (“Appellant”) from the OLT’s Interim Order delivered on August 23, 2022.
BACKGROUND
2The Interim Order approved the Town of Pelham’s (“Town”) Official Plan Amendment No. 9 (“OPA 9”). The Interim Order also approved the Zoning By-law Amendment No. 4252 (2020) (“ZBLA”) based on the Appellant satisfying three conditions for the lands municipally known as 182 Foss Road:
a. A description of the current odour control and management systems being employed;
b. A site plan drawing showing the location of existing buildings; and
c. A Contingency Odour Management Plan.
3Since the time of the Interim Order, the Parties were given a deadline of June 17, 2024, to notify the Tribunal of the completion of the conditions of the Interim Order. The Parties have since asked for multiple extensions for the final review of the materials concerning the odour mitigation to be completed. The Tribunal convened a CMC to occur on June 17, 2025, to receive an update to the outstanding conditions and next steps that are deemed necessary on order to finalize the matter.
4The Parties confirmed with the Tribunal that the first two conditions have been satisfied. The third condition has not been met, however, due to new technologies that have been added to the buildings on the Subject Lands, the final issue pertaining to odour mitigation is in the final stages of being satisfied. The Town confirmed that the Appellant has been implementing new measures to satisfy the final odour mitigation issue over the last year.
5The Parties stated that they would be requesting one final extension to allow the Appellant to demonstrate that they have met the odour mitigation condition. The Parties stated that an additional 60 days would be sufficient to allow the Appellant to meet this condition.
6The Tribunal asked the Parties what would be done if the Tribunal granted the 60-day extension and the condition had not been met. The Tribunal stated that the Interim Order has been in effect since August 23, 2022, and the Tribunal is aware of how the odour management issue has been a concern to the local residents. The Parties suggested to the Tribunal that if the Appellant does not meet this condition to the Town’s satisfaction within the requested 60-day extension period, the Tribunal could set a hearing date to hear the merits of the odour mitigation condition and if the Interim Order has been satisfied.
SCHEDULING OF NEXT CMC
7The Tribunal notes that the Interim Order has been in place since its Decision on August 23, 2022. With that in mind, the Tribunal ruled that one final extension of 60 days would be appropriate. As such, the Tribunal ruled that a further CMC would be scheduled for Monday August 18, 2025, at 10 a.m. by Video Conference.
8At the next CMC, the Tribunal will review the status of the final condition with the Parties. If the odour mitigation condition has not been satisfied, the Tribunal may schedule a hearing to hear the merits pertaining to the unsatisfied condition.
9Parties and/or Participants and/or Observers are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/656004293
Access code: 656-004-293
10Parties and/or 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
11Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to it by calling in to an audio-only telephone line: +1 (647) 497-9373 or (Toll Free) 1-888-299-1889. The access code is: 656-004-293.
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 event to ensure that they are properly connected at the correct time. Questions prior to the event may be directed to the Tribunal’s Case Coordinator.
ORDER
13THE TRIBUNAL ORDERS its directions listed above.
14The Tribunal may be spoken to if there are issues arising from its directions listed above, schedule permitting.
“S. deBoer”
S. 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.