ISSUE DATE: July 31, 2025
CASE NO.: OLT-25-000057
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Pheasant Run Realty Holdings Inc.
Subject: Zoning By-law
Description: To facilitate the development 19 new residential units
Reference Number: P3195
Property Address: 24 Alfred Street W
Municipality/UT: The Blue Mountains/Grey
OLT Case No: OLT-25-000057
OLT Case Name: Pheasant Run Realty Holdings Inc. v. The Blue Mountains (Town)
BEFORE: P. Tomilin, MEMBER
THE TRIBUNAL ORDERS that further to the Decision issued on April 29th, 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 October 20th, 2025. The Tribunal has set aside 5 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.
ISSUE DATE:
CASE NO(S).: OLT-25-000057
PROCEEDING COMMENCED UNDER subsection 34(11) and (19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Pheasant Run Realty Holdings Inc.
Subject: Zoning By-law
Property Address: 24 Alfred Street
Municipality: Town of Blue Mountains
OLT Case No.: OLT-25-000057
OLT Lead Case No.: OLT-25-000057
OLT Case Name: Pheasant Run Realty Holdings Inc. v. The Blue Mountains (Town)
PROCEDURAL ORDER
- 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 Monday, October 20, 2025 at 10 a.m. through to Friday, October 24, 2025 at GoTo Meeting: https://meet.goto.com/357283957 Access Code: 357- 283-957.
The parties’ initial estimation for the length of the hearing is 3-5 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 are:
a. Pheasant Run Realty Holdings Inc.
b. The Town of Blue Mountains There are no participants.
The issues are set out in the Issues List attached as Attachment 1.
The order of evidence shall be as follows:
a. Pheasant Run Realty Holdings Inc.;
b. The Town of Blue Mountains: and
c. Reply by Pheasant Run Realty Holdings Inc.
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.
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 August 1st, 2025 and in accordance with paragraph 22 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.
The parties must prepare and file a Statement of Agreed Facts with the OLT case co-ordinator on or before August 22nd, 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 13 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 13 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 13 below.
On or before September 12th, 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 22 below.
On or before September 15th, 2025 the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
On or before September 26th, 2025, the parties shall exchange reply witness statements to the other parties and to the OLT case co-ordinator.
On or before October 3rd, 2025 the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 22 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 within ten (10) days after the evidence is received.
The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before October 10th, 2025.
A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal.
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 October 13th, 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 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.
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 [not] seized. So orders the Tribunal.
BEFORE:
Name of Member: Date:
TRIBUNAL REGISTRAR
ATTACHMENT 1
PROCEEDING COMMENCED UNDER subsection 34(11) and (19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Pheasant Run Realty Holdings Inc.
Subject: Zoning By-law
Property Address: 24 Alfred Street
Municipality: Town of Blue Mountains
OLT Case No.: OLT-25-000057
OLT Lead Case No.: OLT-25-000057
OLT Case Name: Pheasant Run Realty Holdings Inc. v. The Blue Mountains (Town)
Issues List
- Should the Tribunal amend By-law No. 2024-83, as follows:
a. To create an exception for the lands designated in By-Law No. 2024-83 as zone R1-1-h50 to permit up to 35 per cent lot coverage;
b. To create a further exception for the lands designated in By-Law No. 2024- 83 as zone R1-1-152-h50 to permit up to 35 per cent lot coverage;
c. To re-zone the lands designated in By-Law No. 2024-83 as zone R1-1- 150-h50 to R2-h50 with an exception allowing a minimum lot area of 285 square metres; and
d. To re-zone the lands designated in By-Law No. 2024-83 as zone R1-1- 151-h50 to R2-h50, with an exception allowing a minimum lot area of 285 square metres.
- Would the Appellant’s proposed amendments to By-law No. 2024-83 have due regard to matters of provincial interest under s. 2 of the Planning Act, are they consistent with the Provincial Planning Statement, 2024, do they conform with the County of Grey’s Official Plan, do they conform with the Town’s Official Plan, and do they represent good land use planning in the public interest?