Ontario Land Tribunal
ISSUE DATE: August 14, 2025
CASE NO.: OLT-25-000314
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Great Lakes Greenhouses
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the temporary use of two Boarding Houses for an additional three years
Reference Number: ZBA 333
Property Address: 6 Georgina Avenue
Municipality/UT: Leamington/ Essex County
OLT Case No.: OLT-25-000314
OLT Lead Case Name.: Great Lakes Greenhouses v. Leamington (Municipality)
BEFORE:
ERIC S. CROWE, MEMBER Thursday, the 14th day of August, 2025
THIS MATTER, in respect of the lands at 6 Georgia Avenue in Leamington, which has come before the Ontario Land Tribunal (“Tribunal”) through its first Case Management Conference (“CMC”) on this date; and
THE TRIBUNAL having been advised by Great Lakes Greenhouses and the Municipality of Leamington (“the Parties”) that a full uncontested settlement had been reached, on consent;
AND THE TRIBUNAL, having received and considered:
i. A comprehensive Affidavit, including the attached exhibits sworn on August 8, 2025 by Robert Brown, a Registered Professional Planner and full member of the Canadian Institute of Planners;
AND THE TRIBUNAL, having accepted the uncontradicted expert land use planning opinion evidence of Robert Brown with respect to the Zoning By-law Amendment (“ZBA”) before the Tribunal in relation to lands known municipally as 6 Georgia Avenue, and finding that the ZBA, and the proposal they would facilitate the temporary use of two Boarding Houses for an additional three years is consistent with, conform to, and are in keeping with applicable policies and guidelines of the Province of Ontario and the Official Plan Policies of the County of Essex and Municipality of Leamington, including the Provincial Planning Statement 2024, and is inkeeping with the general intent of the Municipality of Leamington‘s Comprehensive Zoning By law No.890-09;
AND THE TRIBUINAL, having accepted the evidence, the Parties agreed to requirements, detailed in full in the minutes of settlement, from the Municipality to permit the requested temporary zoning extension:
Agreement that the Municipality will permit the use of two dwellings for 29 temporary foreign workers until January 31, 2028.
Great Lakes Greenhouses will not seek any further extension of the temporary zoning past January 31, 2028.
AND THE TRIBUNAL finding that the requested ZBA, as revised by the settlement agreement, meet the required legislative tests, represent good planning, is in the public interest, and warrants approval;
NOW THEREFORE
THE TRIBUNAL MAKES AN ORDER THAT the Applicant’s appeal pursuant to subsections 34 (11) of the Planning Act is allowed and that:
The ZBA is approved in accordance with Attachment 1 attached hereto;
The Tribunal may be spoken to should any matters arise respecting the implementation of this Order.
“Matthew Bryan”
MATTHEW BRYAN ACTING 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.
ATTACHMENT 1
The Corporation of the Municipality of Leamington
By-law 24-25
By-law to amend the Comprehensive Zoning
By-law No. 890-09, as amended for the Municipality of Leamington, which pertains to the subject lands
ZBA 333
6 Georgia Avenue
Whereas By-law No. 890-09, as amended, is a comprehensive zoning by-law regulating the use of lands and the character, location and use of buildings and structures within the Municipality of Leamington;
And Whereas the Council of the Corporation of the Municipality of Leamington deems it appropriate to further amend By-law No. 890-09;
And Whereas this By-law will conform with the Official Plan (as approved February 5, 2008) in effect for the subject lands;
Now therefore the Council of the Municipality of Leamington enacts as follows:
That Schedule “A”, Map 44 of By-law No. 890-09, as amended, is hereby further amended by changing the zoning classification on the lands depicted on Schedule “A” attached hereto and forming part of this amendment, from Residential Zone (R1) to Residential Zone (R1-25).
That Section 6, Residential Zone (R1) Regulations, of By-law No. 890-09, as amended, is hereby further amended by the addition of subsection 6.2.25 with the following:
“6.2.25 Defined Area R1-25 as shown on Map 44, Schedule “A” of this By-law.
a) Permitted Uses
The uses permitted in the R1 zone as indicated in subsection 6.1.1 of this by-law or a total of two (2) Large Boarding Houses to accommodate of a total of 29 occupants as follows:
I. one (1) Large Boarding House within the existing single detached dwelling; and
II. one (1) Large Boarding House within the existing accessory building.
The use of the Boarding Houses shall be permitted until January 31, 2028.
b) Permitted Buildings and Other Structures
By-law 24-25, ZBA 333 2
Buildings and structures for the permitted uses in subsection 6.1.2 of this By-law.
c) Zone Provisions
All lot and building requirements for the permitted buildings and structures shall be in accordance with subsection 6.1.3 of this By-law.
d) Other
A minimum of two (2) standard parking spaces, sixteen (16) bicycle parking spaces and a total of zero (0) loading spaces shall be provided.
All other provisions of this By-law pertaining to lands zoned Residential Zone (R1) shall also pertain to lands zoned R1-25.”
- This by-law shall take effect from the date of issuance of the Order of the Ontario Land Tribunal pursuant to Ontario Land Tribunal Case No. OLT-25-000314 and shall come into force in accordance with section 34 of the Planning Act, R.S.O. 1990.
Read a first, second and third time and finally enacted this day of , 2025.
Hilda MacDonald, Mayor
Brenda M. Percy, Clerk
By-law 24-25, ZBA 333 3
Schedule “A”
6 Georgia Avenue
Plan 651 Lot 58
Change from Residential Zone (R1) to Residential Zone (R1-25)
This is Schedule “A” to By-Law Number 19-22 which amends Map 44 to By-law No. 890-09, Passed the th day of , 2025.
Hilda MacDonald, Mayor
Brenda M. Percy, Clerk