Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
August 12, 2025
CASE NO(S).:
OLT-25-000182
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
Andrew Rice
Appellant:
Vanstone Mill Inc.
Subject:
Proposed Official Plan Amendment No. 136
Description:
To update the Bowmanville East Urban Centre Secondary Plan for creating an area with various densities mixed-use buildings to accommodate 6,000 residential units
Reference Number:
COPA 2023-0002
Property Address:
Various addresses within the Bowmanville East Urban Centre Secondary Plan
Municipality/UT:
Clarington/Durham
OLT Case No.:
OLT-25-000182
OLT Lead Case No.:
OLT-25-000182
OLT Case Name:
Rice v. Clarington (Municipality)
Heard:
August 6, 2025 by Video Hearing
APPEARANCES:
Parties
Counsel
Municipality of Clarington (“Municipality”)
J. Mark Joblin
Andrew Rice (Appeals #1 and #2)
Calvin Lantz Caroline Jordan (in absentia)
Vanstone Mill Inc. (Appeal #3)
Katarzyna Sliwa
MEMORANDUM OF ORAL DECISION DELIVERED BY SHARON L. DIONNE ON AUGUST 6, 2025 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the Tribunal’s Decision and Order stemming from a first Case Management Conference (“CMC”) on the Appeals filed, pursuant to s.17(24) of the Planning Act (“Act”), in respect of the decision of the Council of the Municipality of Clarington to adopt Official Plan Amendment No. 136 (“OPA No. 136”), being an amendment to the Municipality’s Official Plan related to the Bowmanville East Urban Centre Secondary Plan.
2The Tribunal received an Affidavit of Service, sworn on May 13, 2025, confirming that proper notice of this CMC was given, and marked same as Exhibit 1.
3The Statutory Parties agreed on all procedural matters, including a request that a second CMC be scheduled to provide further time for discussions between the Appellants and the Municipality to occur or continue, in an effort to scope and potentially resolve the issues between them. It is anticipated that such efforts will continue into Fall 2025. On the basis of the submissions made, the Tribunal found that it was appropriate to schedule a second CMC.
THE APPEALS
4There are three Appeals of OPA No. 136, as follows:
Appeal #1 – Appellant is Andrew Rice, Owner for Property 1 known municipally as 207, 209 and 215 King Street East, 4 St. George Street South, 4 and 6 Queen Street, (Bowmanville) Clarington.
Appeal # 2 – Appellant is Andrew Rice, Owner for Property 2 known municipally as 139 and 151 Wellington Street, 194-196, 198, 200, 204, 208, and 212 Church Street, and 35 Scugog Street, (Bowmanville) Clarington.
Appeal # 3 – Appellant is Vanstone Mill Inc., Owner for Property 3 known municipally as 116 King St West, located on the North-west corner of King Street West and Scugog Street in (Bowmanville) Clarington.
5Appeals #1 and #2 are collectively referred to as the “Rice Appeals” in this Decision.
6The Tribunal was advised that Appeal #3 is site specific, whereas Appeals #1 and #2 at present are likely broader in nature than the boundaries of the respective Appellant’s properties. The nature of the appeals is to be confirmed in the context of the framing of the issues in dispute.
REQUESTS FOR STATUS / APPEARANCE
7The Tribunal was in receipt of two Requests for Non-Appellant Party status: one filed on behalf of Kristian Shepherd, the Owner of 37 and 39 Scugog Street, (Bowmanville) and the second filed on behalf of Nicholas Garacci and Jaime Yamanaka, the Owners of 40 Scugog Street (Bowmanville). Both requests were filed by Counsel for the Rice Appeals.
8The Tribunal notes herein that in accordance with Rule 8.3 of the Tribunal’s Rules of Practice and Procedure, a Non-Appellant Party, in respect of an appeal under s. 17(24) of the Act, may only participate in the appeals by sheltering under an issue raised in an appeal(s) by an Appellant Party, and may participate fully in the proceeding to the extent that the issue remains in dispute, but has no independent status to continue an appeal in the event that the appeal(s) is withdrawn by the Appellant Party.
9The Tribunal agreed with Counsel for the Municipality that the Issues List for the Rice Appeals should be framed in order to be able to consider the requests for Non-Appellant status. As such, the Tribunal set aside the Requests for Party Status, and they are expected to be considered at the time of the second CMC. It is noted that all Parties agreed with this approach.
10In addition, Doris Cheng of the Central Lake Ontario Conservation Authority (“CLOCA”) appeared to advise the Tribunal that CLOCA has an interest in the appeals, particularly the appeal filed by Vanstone Mill Inc. in relation to hazards, such as floodplain and slope hazards in vicinity of Property 3, and to make a request of the Tribunal that CLOCA reserve the right to file a Request for Status in the appeal(s). Counsel for Vanstone advised that it is not her client’s intention to pursue a site-specific application for re-development of Property 3 through the OPA No. 136 proceeding. The Tribunal agreed that, in the event that CLOCA decides to make a formal written request for status in the matters before the Tribunal, CLOCA may do so, and that the Tribunal will consider any such request at the time of the second CMC.
11The Tribunal notes that there has been no pre-determination made as to whether any of the aforementioned request(s) for status will be granted, but rather the merits of individual requests are to be evaluated at a future CMC.
PROCEDURAL MATTERS
12The Parties agreed on procedural matters and were seeking the scheduling of a second CMC to be held in November 2025, which is expected to allow time for further discussions between the Appellants and the Municipality, for Counsel for the Municipality to obtain instructions from his client on the Non-Appellant Status Requests, and for each of the Appellants (and potential Non-Appellant Parties) to frame their issues.
13The Tribunal made the Parties aware that, should they have an interest, there are opportunities for Tribunal-led mediation available.
14The Tribunal inquired as to whether there were any other matters to be addressed, and the Parties indicated there were none.
15Based on the submissions made, the Tribunal is satisfied that through the course of the above noted discussions, the issues between the Parties will be framed, and that it is appropriate for a second CMC to be scheduled, at which time the Status Requests and the Issues List are to be considered.
NEXT STEPS
16A second CMC is scheduled to commence on Monday, November 24, 2025, at 10 a.m. by video conference. The second CMC will provide a touchpoint with the Tribunal as to the progress of discussions between the Parties, to identify the Issues Lists, to consider the Requests for Status, and to consider a Procedural Order.
17The Tribunal directs the Parties and those seeking Party Status to provide in writing their specific list of issues with a minimum of 10 days in advance of the second CMC.
18Parties 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/709076365
Access code: 709-076-365
19Parties 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
20Persons 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 as indicated above.
21Individuals 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
22The Tribunal orders the above directives.
23No further notice is required.
24This Member is not seized.
“Sharon L. Dionne”
SHARON L. Dionne
MEMBER
Ontario Land Tribunal
Website: www.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.