Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 10, 2025
CASE NO(S).: OLT-24-000402
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: ATC CAP Investments Limited
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit development of 14 residential units consisting of freehold townhouses
Reference Number: ZBA.21.01
Property Address: Part of Lot 15, Concession 3
Municipality/UT: East Gwillimbury/York
OLT Case No.: OLT-24-000402
OLT Lead Case No.: OLT-24-000402
OLT Case Name: ATC CAP Investments Limited v. East Gwillimbury (Town)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: ATC CAP Investments Limited
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit development of 14 residential units consisting of freehold townhouses
Reference Number: 19T-20211
Property Address: Part of Lot 15, Concession 3
Municipality/UT: East Gwillimbury/York
OLT Case No.: OLT-24-000403
OLT Lead Case No.: OLT-24-000402
Heard: September 5, 2025 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| ATC CAP Investments Limited (“Appellant”) | Katarzyna Sliwa, Doug Pateman |
| Town of East Gwillimbury (“Town”) | Alexandra Whyte, Brendan Ruddick (in absentia), Quinto Annibale (in absentia) |
MEMORANDUM OF ORAL DECISION DELIVERED BY W. DANIEL BEST ON September 5, 2025, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This second Case Management Conference (“CMC”) was held concerning appeals pursuant to s. 34(11) and 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended, in respect of the failure of the Town to make a decision within the required time frame on applications for a Zoning By-Law Amendment and Draft Plan of Subdivision (together “Applications”) for the property located at Part of Lot 15, Concessions 3 in East Gwillimbury.
2The Applications filed by the Appellant would facilitate the development of 14 residential units consisting of freehold townhouses.
3The purpose of this CMC was to set a timeline to finalize a revised Procedural Order (“PO”) and Issues List (“IL”) and set a date for the Merit Hearing.
4The Parties anticipate the length of the Merit Hearing based on scoping the issues to be addressed is five days.
MEDIATION AND SETTLEMENT
5The Parties are engaged in discussion and information exchanges. The Parties are optimistic of working towards a settlement but are in agreement that a Merit Hearing should be set.
6The Parties are aware that Tribunal-led mediation is available to the Parties should the need arise.
PROCEDURAL ORDER AND ISSUES LIST
7Currently, a Procedural Order is in place that was approved by the Tribunal to govern the proceedings of a seven-day Merit Hearing.
8Through the efforts of the Parties, the issues have been scoped to reduce the required number of days for a Merit Hearing to five days.
9Ms. Sliwa, Counsel for the Appellant, advised the Tribunal that a revised draft PO and IL on consent will be circulated and forwarded to the Case Coordinator post-CMC for the consideration of the Tribunal. Ms. Sliwa, on behalf of the Parties, advised that the revised draft PO could be submitted by Friday, October 17, 2025.
NEXT STEPS
10The Tribunal directed the Parties to submit a revised draft PO on consent on Friday, October 17, 2025. The Tribunal will review the draft PO and if approved, will govern the proceedings of the Merit Hearing.
11The Tribunal inquired as to whether there were any other matters to be addressed which might assist in the fair, just, and expeditious resolution of this matter. The Parties indicated there were none.
12The Tribunal thanked all Counsel for their assistance on the matter.
13A Hearing of the Merits is scheduled to begin on Monday, February 23, 2026, at 10 a.m. to Friday, February 27, 2026, inclusive by Video Hearing.
14Parties are asked to log in to the Video Hearing at least 15 minutes before the start of the event to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/660145013
Access Code: 660-145-013
15Parties 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 in to an audio-only telephone line: +1 (647) 497-9373 or (Toll Free) 1-888-299-1889. The Access Code is as indicated 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.
ORDER
18THE TRIBUNAL ORDERS the directions contained above in this Decision.
19The Member is not seized but may be spoken to through the Case Coordinator if any issues arise.
“W. Daniel Best”
W. DANIEL BEST
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.```