Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 2, 2025
CASE NO(S).: OLT-25-000339
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: 1816985 Ontario Inc.
Appellant: Argo Neyagawa Corporation
Appellant: Burnhamthorpe/Oakville Holdings Inc
Appellant: Sherborne Lodge Developments Limited et al.
Subject: Proposed Official Plan Amendment No. 326 & 45
Description: To facilitate the implementation of the Neyagawa Urban Core Area
Reference Number: OPA -326 File No. 42.15.60
Property Address: Neyagawa Urban Core (Neyagawa Boulevard and Burnhamthorpe Road)
Municipality/UT: Town of Oakville
OLT Case No.: OLT-25-000339
OLT Lead Case No.: OLT-25-000339
OLT Case Name: 1816985 Ontario Inc. et al. v. Oakville (Town)
Heard: August 8, 2025, by Video Hearing
APPEARANCES:
Parties
Counsel
1816985 Ontario Inc. (Westerkirk Capital Inc.)
Samuel Judson Andrew Jeanrie (in absentia)
Argo Neyagawa Corporation
Meaghan Barrett Patrick Harrington (in absentia)
Burnhamthorpe/Oakville Holdings Inc.
Adrianna Pilkington Signe Leisk (in absentia)
Sherborne Lodge Developments Limited et al.
Narmada Gunawardana Denise Baker (in absentia)
Town of Oakville
Nadia Chandra
DECISION DELIVERED BY Kurtis Smith AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This first Case Management Conference (“CMC”) was the held in relation to the appeals filed against the Town of Oakville (“Town”) Town-initiated Official Plan Amendments 326 (“OPA 326”) and 45 (“OPA 45”) (together “OPAs”).
2The OPAs identify and establish policies for the Neyagawa Urban Core (“NUC”) in the 1984 Oakville Official Plan’s North Oakville East Secondary Plan and to the Livable Oakville Official Plan.
3The Tribunal marked the Affidavit of Service of the CMC as Exhibit 1. There were no issues with the notice, and, as such, no further notice is required.
4No Participant or Party status requests were received by the Tribunal.
CONSOLIDATION REQUEST
5The Town communicated to the Tribunal that the appeal letter (filed April 4, 2025) by Argo Neyagawa Corporation (“ANC”) requested that their private site-specific appeal, known as OLT Case No. OLT-24-000968 (“ANC Private Appeal”), be consolidated with these proceedings.
6However, now ANC is no longer seeking consolidation of the two matters and does not consent to consolidation. ANC communicated that its other appeal has been scheduled for a merit hearing commencing in December 2025. Additionally, ANC communicated that the ANC Private Appeal is not before the Tribunal at this CMC.
7The Town argued that the similarities between this ANC appeal and the ANC Private Appeal will lead to overlap in witnesses and evidence, and therefore consolidation will assist in an expeditious and cost-effective resolution of both appeals. The Town suggested that the merit hearing for the ANC Private Appeal could be adjourned, to allow the Town and ANC to discuss settlement opportunities, and/or schedule this matter directly following the other ANC hearing to reduce the duplication of evidence.
8The Tribunal advised that a Consolidation or Hearing Matters Together Motion will be required to be filed by the Town, should it wish, given that the ANC Private Appeal is not before the Tribunal at this CMC and therefore consolidation at this time can not be considered.
9The Town considered requesting the scheduling of a Consolidation Motion and determined that it would continue fruitful discussions with ANC to further resolve the matter. However, the Town reserves the right to file a Consolidation Motion in the future.
DRAFT PROCEDURAL ORDER AND ISSUES LIST
10Prior to the commencement of the CMC, the Tribunal requested the Appellants to scope their appeals to a municipal address(es) or geographical area, list the policies that are being appealed (site specific or town-wide) and to prepare a Draft Procedural Order (“DPO”) and Issues List (“IL”).
11The Town provided the DPO and IL in advance of the CMC.
12The Tribunal directed the Appellants and Town to work collaboratively to further scope the IL and to update the DPO in accordance with the scheduled merit hearing below and to provide it on consent to the Case Coordinator on or before Friday, August 22, 2025.
MERIT HEARING SCHEDULED
13On consent of the Parties, based on the number of witnesses required, and after a rather lengthy canvass of available schedules, the Tribunal scheduled a four-week hearing commencing on Monday, February 2, 2026, at 10 a.m. by video hearing, concluding on Friday, February 27, 2026, and not sitting on February 16, 2026, to observe Family Day.
14Parties and participants are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections:
GoToMeeting: https://meet.goto.com/680885805
Access Code: 680-885-805
15Parties and 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 GoToMeeting or a web application is available:
https://app.gotomeeting.com/home.html
16Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: +1 (647) 497-9373 or (Toll Free): 1-888-299-1889. The access code is as noted above.
17Individuals 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 Video Hearing to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ANC AND TOWN AGREEMENT SUBSEQUENT TO THE CMC
18After the conclusion of the CMC, the Town and ANC informed the Tribunal that they have reached an agreement regarding the ANC Private Appeal and these proceedings.
19The agreement includes having the matters heard together, adjourning the hearing dates of ANC’s private site-specific appeal, how the parties wish the proceedings to proceed together to avoid overlap or repeating evidence where possible, and to contemplate Party requests to the ANC Private Appeal.
20The Town proposed that a Telephone Conference Call (“TCC”) be scheduled to consider the agreement.
21Due to the number of Parties involved in this matter and that both cases will be required to be heard concurrently at the hearing event, the Tribunal scheduled a subsequent CMC to consider the proposed agreement for these proceedings and the ANC Private Appeal, and to review and approve the DPO and IL.
22The Tribunal scheduled a second CMC concurrently with a CMC for the ANC Private Appeal (site-specific) to commence on September 10, 2025, at 10 a.m.
23Parties and participants are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections:
GoToMeeting: https://global.gotomeeting.com/join/692665589
Access Code: 692-665-589
24Parties and 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 GoToMeeting or a web application is available:
https://app.gotomeeting.com/home.html
25Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: +1 (647) 497-9373 or (Toll Free): 1-888-299-1889. The access code is as noted above.
26Individuals 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 Video Hearing to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
27THE TRIBUNAL ORDERS that a hearing of the merits is scheduled for four weeks, commencing on February 2, 2026, at 10 a.m. by video hearing, as set out above.
28THE TRIBUNAL ORDERS that a second Case Management Conference is scheduled for September 10, 2025, at 10 a.m. by video hearing, concurrently with Case No. OLT-24-000968, as set out above.
29No further notice will be given, and the Member is not seized of this matter.
“Kurtis Smith”
Kurtis Smith
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.