Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 22, 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: August 18, 2025, by Video Hearing
APPEARANCES:
Parties Counsel
Redecan and Redecan Pharm B. Duxbury
Town of Pelham J. Stirton
MEMORANDUM OF ORAL DECISION DELIVERED BY S. deBOER ON AUGUST 18, 2025 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.
3At the previous CMC held June 17, 2025, the Parties confirmed that the first two conditions have been met. The only condition that was left to be satisfied was the third condition pertaining to the Contingency Odour Management Plan. The Parties had requested at the previous CMC that one final 60-day extension be granted by the Tribunal in order for the Appellant to meet the last condition.
4At this CMC, the Parties stated that the Appellant has not been able to provide a satisfactory Contingency Odour Management Plan. As such, it was the request of the Parties to have the Tribunal schedule a Hearing of the Merits pertaining to the outstanding condition. After discussion with the Parties as to the number of witnesses that would be presented, the Tribunal found that a three-day hearing would be deemed as an appropriate amount of time to hear the testimony on the remaining condition.
5The Parties further stated that a formal Procedural Order would not be necessary since the Hearing would be focused on the one outstanding issue only. The Tribunal agreed with the suggestion of the Parties that a formal Procedural Order would not be needed; however, the Tribunal directed the Parties to inform the Case Coordinator of the exchange dates that would be agreed upon pertaining to a witness list, witness statements, and any reply witness statements.
6These agreed upon exchange dates are to be submitted to the Case Coordinator by Thursday, September 18, 2025.
SCHEDULING OF A HEARING
7The Tribunal canvassed the Parties for available dates for the Hearing. With those suggested dates in mind, the Tribunal has scheduled a three-day hearing to occur commencing on Wednesday, January 21, 2026, at 10.a.m. by video conference.
8Parties 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
9Parties 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
10Persons 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: 709-076-365.
11Individuals 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
12THE TRIBUNAL ORDERS its directions listed above.
13The Tribunal Member will remain seized and 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.```