Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 31, 2025
CASE NO(S).: OLT-24-000963
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: Argo Trafalgar Corporation
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To facilitate the creation of a compact mixed-use community along a higher order transportation corridor
Reference Number: OPA1212.01
Property Address: Part of Lot 12, Concession 2, North of Dundas Street
Municipality/UT: Oakville/Halton
OLT Case No: OLT-24-000963
OLT Lead Case No: OLT-24-000963
OLT Case Name: Argo Trafalgar Corp. v. Oakville (Town)
Heard: January 22, 2025 by Video Hearing
APPEARANCES:
Parties
Counsel
Argo Trafalgar Corporation
M. Barrett P. Harrington (in absentia)
Town of Oakville
N. Chandra J. Huctwith (in absentia)
Star Oak Developments Limited
R. Cheeseman S. Fleming
Halton District School Board
J. Reyes B. Teichman (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY C. HARDY ON JANUARY 22, 2025 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) conducted in these proceedings before the Tribunal concerning an appeal brought by Argo Trafalgar Corporation (“Appellant”) pursuant to s. 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended (“Act”) relating to the failure of the Town of Oakville (“Town”) to render a decision within statutory timelines respecting the Appellant’s application for a site specific Official Plan Amendment (“OPA”). The OPA pertains to lands referred to as Part of Lot 12, Concession 2, NDS, located at the northeast corner of the intersection of Trafalgar Road and Burnhamthorpe Road East (“subject property”).
2The subject property is approximately 12.45 hectares consisting of two vacant parcels. It has approximately 407 metres (“m”) of frontage along Trafalgar Road, 357 m of frontage along William Halton Parkway and 159 m of frontage along Burnhamthorpe Road East.
3The OPA is required to amend the North Oakville East Secondary Plan by adding residential and mixed-use permissions to the Trafalgar Urban Core (“TUC”) 1 land use designation, which currently permits only commercial and employment uses. The OPA will facilitate the Appellant’s proposed development of a minimum of 3000 high density residential units in a compact mixed-use community.
CONFIRMATION OF NOTICE
4The Tribunal confirmed with Counsel that there were no known issues with service of Notice of the CMC and, as such, no further notice is required. The Tribunal received the Affidavit of Service of Notice of Natalie Hickey affirmed on December 20, 2024, which was marked as Exhibit 1 to the CMC.
STATUS REQUESTS
5In advance of the CMC, the Tribunal received three requests for Party status from ICNA Canada, Star Oak Developments Limited (“Star Oak”) and Halton District School Board, which were marked as Exhibits 2, 3 and 4 respectively.
6Khalid Shuja was in attendance representing ICNA Canada and confirmed that ICNA Canada is an incorporated entity, and that he is not a lawyer but has authorization to speak on behalf of ICNA Canada. The Tribunal directed Mr. Shuja to file written authorization for him to speak on behalf of ICNA Canada with the Tribunal following the CMC.
7In its written status request form and through oral submissions, Mr. Shuja explained ICNA Canada’s prior involvement in support of the Appellant’s OPA application. ICNA Canada’s property is located adjacent to the subject property and Mr. Shuja explained that ICNA Canada wanted to ensure that the land use permissions proposed by the Appellant, if granted to the Appellant through the OPA, could also apply to ICNA Canada’s lands. He explained that he was attempting to avoid the cost of going through an OPA for the ICNA Canada lands and did not intend to bring any witnesses or call any evidence.
8The Tribunal explained to Mr. Shuja that the OPA was a site-specific application and if the Appellant’s appeal was successful, the amended land use permissions would only apply to the subject property, not ICNA Canada’s property. Counsel for the Appellant expressed concerns with the Party status request and suggested that Participant status would allow ICNA Canada to monitor the proceedings and provide for a more efficient hearing process. Upon hearing the explanation of the Tribunal and the concerns of the Appellant, ICNA Canada agreed that Participant status would be acceptable. The Tribunal granted ICNA Canada status as a Participant in the proceedings.
9In its written status request form and through oral submissions, Star Oak explained that it is a neighbouring landowner and has an interest in the stormwater management system proposed for the subject property. Counsel for Star Oak noted that if granted Party status, it may withdraw same once it reviewed the final Issues List (“IL”) of the Town. In the event the Town’s issues do not address the concerns of Star Oak, it intends to raise issues and fully participate in the appeal. On consent of the Parties, the Tribunal granted Star Oak status as a Party to the Appeal.
10In its written status request form and through oral submissions, Halton District School Board explained that, inter alia, it has concerns around the proposed location of a school site which, based on the most recent mapping, straddles two properties. On consent of the Parties, the Tribunal granted Halton District School Board status as a Party to the Appeal.
11There were no other individuals or entities present at the CMC requesting status in the proceedings.
OPPORTUNITIES FOR SETTLEMENT / MEDIATION
12Counsel for the Appellant advised that discussions around settlement and mediation are premature at this point given that the issues of the Town have yet to be finalized. However, all of the Parties agreed that they were open to mediation if it is deemed to be appropriate.
PROCEDURAL ORDER AND HEARING DATES
13In advance of the CMC, the Appellant filed a draft Procedural Order (“PO”) with the Tribunal. At the CMC, Counsel for Star Oak advised that they had not yet seen the draft PO and Counsel for the Appellant agreed to forward same to Star Oak following the CMC.
14The Tribunal reviewed the draft PO with the Parties and directed that the timelines in the revised draft reflect those found on the Tribunal’s standard form and that the issues specify policies to be adjudicated. The Tribunal set the following timeline for the Parties:
the Town will circulate a revised draft IL to all Parties on or before Thursday, February 6, 2025;
Star Oak and Halton District School Board will add any issues to the Town’s IL and circulate to all Parties on or before Friday, February 14, 2025;
the Appellant will file a revised PO with the Tribunal for review and approval on or before Tuesday, February 18, 2025.
15The Tribunal Member will remain available, schedule permitting, to assist if any issues arise in finalizing the draft PO.
16The Parties jointly requested that the Tribunal schedule a five-day hearing for the appeal and the Tribunal agreed with Counsels’ assessment of the length of hearing proposed. The Tribunal scheduled a five-day Video Hearing commencing Monday, May 26, 2025 at 10 a.m. as follows:
17Parties 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://meet.goto.com/357283957
Access code: 357-283-957
18Parties 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
19Persons 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) 497-9391 or (Toll Free) 1 888 455 1389. The access code is: 357-283-957.
20Individuals 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
21THE TRIBUNAL ORDERS THAT Star Oak Developments Inc. and Halton District School Board are both granted Party status to the proceedings.
22THE TRIBUNAL FURTHER ORDERS THAT ICNA Canada is granted Participant status to the proceedings.
23The case management directives above are so ordered.
24There will be no further notice and this Member is not seized.
“C. Hardy”
c. hardy
VICE CHAIR
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.