Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 11, 2025
CASE NO(S).: OLT-25-000403
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: BEC Business Innovation Centre Inc.
Subject: By-law No. 2025-052
Description: To bring the Zoning By-law into conformity with the Municipal Official Plan
Reference Number: 2025-052
Property Address: 0000 Bruce Road 23 Concession Road 2
Municipality/UT: Kincardine/Bruce
OLT Case No.: OLT-25-000403
OLT Lead Case No.: OLT-25-000403
OLT Case Name: BEC Business Innovation Centre Inc. v. Kincardine (Municipality)
Heard: September 5, 2025, by Video Hearing
APPEARANCES:
Parties
Counsel/Representative*
BEC Business Innovation Centre Inc.
Eric Davis
Municipality of Kincardine
Ken Strong
MEMORANDUM OF ORAL DECISION DELIVERED BY T.F. NG ON SEPTEMBER 5, 2025 AND ORDER OF THE TRIBUNAL
1This is the first Case Management Conference (“CMC”) for the above-noted matter. BEC Business Innovation Centre Inc. (“Appellant”) has filed an appeal against the Municipality of Kincardine’s (“Municipality”) passing of By-law No. 2025-052.
2The appeal was pursuant to s. 34(19) of the Planning Act (“Act”).
3The Affidavit of Service of notice of CMC on file is marked as Exhibit A.
PARTY/PARTICIPANT REQUESTS
4There was no Party or Participant status request received.
DRAFT PROCEDURAL ORDER
5Counsels have not filed the procedural order and have requested another CMC date for parties to continue discussions.
MEDIATION
6The Parties are in discussions and will be open to mediation.
DISPOSITION
7The Tribunal will schedule a second CMC as the Procedural Order (“PO”) and Issues List are not available. There will be no further notice, and the Member is not seized.
8The Tribunal directs that the PO, with the Issues list, be forwarded to the Case Coordinator by Tuesday, October 21, 2025.
CMC
9The CMC is scheduled to proceed by video on Tuesday, November 4, 2025, at 10 a.m.
10Parties 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/979388733
Access Code: 979-388-733
11Parties 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
12Persons who experience technical difficulties accessing the GoTo Meeting 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 the same as indicated above.
13Individuals 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 CMC by video 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
14THE TRIBUNAL ORDERS that:
a. The Procedural Order with the Issues List be filed by Tuesday, October 21, 2025.
“T.F. Ng”
T.F. NG
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.