Ontario Land Tribunal
Tribunal ontarien de l’aménagement
du territoire
ISSUE DATE:
August 18, 2025
CASE NO.:
OLT-25-000337
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant
Rowhedge Construction Ltd.
Subject:
Request to amend the Official Plan – Refusal of request
Description:
To permit the development of 40 stacked townhouses units.
Reference Number:
OPA1215.05
Property Address:
15 Loyalist Trail
Municipality/UT:
Oakville/Halton
OLT Case No:
OLT-25-000337
OLT Lead Case No:
OLT-25-000337
OLT Case Name:
Rowhedge Construction Ltd. v. Oakville (Town)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Subject:
Application to amend the Zoning By-law – Refusal of application
Description:
To permit the development of 40 stacked townhouses units.
Reference Number:
Z.1215.05
Property Address:
15 Loyalist Trail
Municipality/UT:
Oakville/Halton
OLT Case No:
OLT-25-000338
OLT Lead Case No:
OLT-25-000337
BEFORE:
ERIC S. CROWE
Monday, the 18th
MEMBER
day of August, 2025
THIS MATTER having come before the Tribunal for a Case Management Conference, and the Tribunal in its Decision issued August 13, 2025;
THE TRIBUNAL ORDERS that the Procedural Order attached to this Order as Schedule “A” shall be in force and effect for the purposes of governing the procedures leading up to and including the hearing, which is scheduled to commence on June 22, 2026 at 10:00 AM for 9 days.
“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.
SCHEDULE “A”
ISSUE DATE:
CASE NO(S).: OLT-25-000337
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 Tuesday, June 16, 2026 at 10:00 a.m. at by videoconference
The parties’ initial estimation for the length of the hearing is 9 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 and participants identified at the case management conference are set out in Attachment 1 (see the sample procedural order for the meaning of these terms).
The issues are set out in the Issues List attached as Attachment 2. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.
The order of evidence shall be as set out in Attachment 3 to this Order. 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.
Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.
Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website.
Requirements Before the Hearing
If the applicant intends to seek approval of a revised proposal at the hearing, the applicant shall provide copies of the revised proposal, including all revised plans, drawings, proposed instruments, updated supporting documents and reports, to the other Parties on or before Friday, February 20, 2026. The applicant acknowledges that any revisions to the proposal after that date without the consent of the Parties may be grounds for a request to adjourn 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 Friday, March 20, 2026 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.
Expert witnesses in the same field shall have a meeting on or before Thursday, April 2, 2026 and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before Friday, April 24, 2026.
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 Friday, May 1, 2026, 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 Friday, May 1, 2026, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 22 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.
On or before Tuesday, May 12, 2026 the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
On or before Friday, June 5, 2026, 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 and in accordance with paragraph 22 below.
The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before Friday, June 5, 2026.
A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.
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 Tuesday, June 9, 2026 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 and in hard copy. 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
Summary of Procedural Dates
Date
Event
Friday, March 20, 2026
Witness List
Friday, April 17, 2026
Final day for expert witness meeting
Friday, April 24, 2026
Statement of Agreed Facts and Issues filed
Friday, May 1, 2026
Expert witness and witness statements due
Friday, May 1, 2026
Written participant statement due
Monday, May 11, 2026
Response to written evidence due
Tuesday, May 12, 2026
Hearing date confirmation
Friday, June 5, 2026
Visual evidence due
Friday, June 5, 2026
Joint Document Book due
Tuesday, June 9, 2026
Preliminary hearing plan due
Tuesday, June 16, 2026
Hearing
Attachment 1
List of Parties and Participants
- Rowhedge Construction Ltd.
Russell Cheeseman & Stephanie Fleming
Municipal Law Chambers
Royal Building
277 Lakeshore Road East, Suite 211
Oakville, Ontario L6J 6J3
Tel: 416-955-9533
Fax: 416-955-9532
Email: rdcheese@aol.com
- Town of Oakville
Jennifer Huctwith & Nadia Chandra
Participants
Attachment 2
Issues List
Town of Oakville Issues List
Rowhedge Construction Ltd.
OPA1215.05 and Z.1215.05
Does the Official Plan amendment have regard for matters of provincial interest set out in Section 2 of the Planning Act, in particular 2(k), (l), (m), (n), (o) and (p)?
If the Tribunal approves the Official Plan amendment to change the land use designation from Employment District to Transitional Area to permit the use of lands for residential purposes, does the Zoning By-law amendment have regard for matters of provincial interest set out in Section 2 of the Planning Act, in particular 2(h), (j), (m), (o), (p), and (r).
Are residential uses appropriate for this site within and/or within 300m of employment lands outside of a strategic growth area?
Is the proposed Official Plan amendment consistent with the Provincial Planning Statement, in particular Policies 2.8.1, 2.8.2.5, and 3.5?
If the Tribunal approves the Official Plan amendment to change the land use designation from Employment District to Transitional Area to permit the use of lands for residential purposes, is the Zoning By-law amendment consistent with the Provincial Planning Statement, in particular policies 2.2, 2.3.1.3, and 3.5?
Does the proposed Official Plan amendment and Zoning By-law amendment conform with the Region of Halton Official Plan with respect to providing an appropriate interface between the proposed residential uses and surrounding employment uses to maintain land use compatibility (policies 83.2.6 iv), 139.6, 143 (12))?
Does the proposed Official Plan amendment maintain the Town of Oakville’s Urban Structure as it relates to maintaining sufficient land for employment area and directing residential growth to established residential areas or strategic growth areas?
Does the proposed Official Plan amendment conform with the North Oakville East Secondary Plan with respect to the change in land use from Employment to Transitional Area, which permits residential uses, in particular Sections 7.3.4, 7.5.17, 7.6.8, and 7.6.9?
Has the proposed Official Plan amendment adequately demonstrated that the lands are not required for the uses currently permitted?
If an Official Plan amendment is approved to redesignate the lands to Transitional Area for residential uses, does the proposed Zoning By-law amendment adequately implement the intent of the North Oakville East Secondary Plan to mitigate impacts to sensitive land uses in proximity of or adjacent to employment lands, particularly in accordance with Section 7.6.9?
If an Official Plan amendment is approved to redesignate the lands to permit residential uses, does the proposed density for the site result in unacceptable adverse impacts from the surrounding area, including noise, vibration, and odor?
Does approval of the applications result in a development that represents good planning?
If an Official Plan amendment is approved, can the site be developed for residential uses as it relates to water and wastewater servicing and waste management?
Attachment 3
Order of Evidence
Rowhedge Construction Ltd.
Town of Oakville
Rowhedge Construction Ltd., in reply