Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: February 13, 2026

CASE NO(S).: OLT-25-000346

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: FNF Enterprises Inc.
Subject: By-law No. 25-014
Description: To permit
Reference Number: 25-029-CD
Property Address: 229, 235, 239 and 247 Royal Oak Road
Municipality/UT: Cambridge/Waterloo
OLT Case No.: OLT-25-000346
OLT Lead Case No.: OLT-25-000346
OLT Case Name: FNF Enterprises Inc. v. Cambridge (City)

Heard: February 5, 2026 by video hearing

APPEARANCES:

Parties — Counsel
FNF Enterprises Inc. — T. Sanderson
City of Cambridge — N. Auty

MEMORANDUM OF ORAL DECISION DELIVERED BY P. TOMILIN ON FEBRUARY 5, 2026 AND ORDER OF THE TRIBUNAL

1This was the third Case Management Conference (“CMC”) in the matter of appeals by FNF Enterprises Inc. (“Applicant” / “Appellant”) seeking the issuance of the by-law without the holding provision, pursuant to ss. 34(19) of the Planning Act, for the properties located at 229, 235, 239 and 247 Royal Oak Road in the City of Cambridge.

2The Appellant is seeking to permit two industrial warehouse buildings.

HEARING, PROCEDURAL ORDER AND ISSUES LIST

3The Parties requested to move the Hearing to a later date due to a scheduling conflict.

4The Tribunal questioned the Parties on inclusion of certain notes in the Issues List (“IL’) of the draft Procedural Order (“PO”). The Parties agreed to update the PO and IL.

5The Tribunal is now in receipt of the PO. The Tribunal has reviewed and approved the PO and is appended as Schedule 1 to this Decision.

6A four-day Hearing is scheduled to proceed by video on Monday, June 8, 2026 at 10 a.m., continuing to Thursday, June 11, 2026.

7Parties 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/914098901

Access code: 914-098-901

8Parties 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

9Persons 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: (647) 497-9373 or (Toll Free) 1-888-299-1889. The access code is: 914-098-901.

10Individuals 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.

11As of March 30, 2026, all hearing events are governed by the Tribunal’s Artificial Intelligence Practice Direction. This Practice Direction requires a party, participant, or witness to include a declaration within each submitted document if generative AI was used to create or generate content.

ORDER

12The Tribunal directives above are so Ordered.

13This Member is not seized.

14There will be no further notice.

“P. Tomilin”

p. tomilin

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.

SCHEDULE 1

ISSUE DATE:
O.L.T. LEAD CASE NO.: OLT-25-000346

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: FNF Enterprises Inc.
Subject: By-law No. 25-014
Description: To seek issuance of By-law No. 25-014 without the holding provision.
Reference Number: 25-029-CD
Property Address: 229, 235, 239 and 247 Royal Oak Road
Municipality/Upper Tier: Cambridge/Waterloo
OLT Case No: OLT-25-000346
OLT Lead Case No: OLT-25-000346
OLT Case Name: FNF Enterprises Inc. v Cambridge (City)

PROCEDURAL ORDER

1. 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

2. The video hearing will begin on June 8, 2026, at 10:00 a.m. Unless otherwise subsequently ordered by the Tribunal, the Hearing shall proceed by videoconference.

3. The parties’ initial estimation for the length of the hearing is 4 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.

4. The parties and participants identified at the case management conference are set out in Attachment 1.

5. 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.

6. 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.

7. 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.

8. 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

9. 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 March 6, 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.

10. Expert witnesses in the same field shall have a meeting on or before March 27, 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 coordinator on or before April 10, 2026.

11. 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.

12. 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.

13. On or before April 24, 2026, the parties shall provide copies of their [witness and] expert witness statements to the other parties and to the OLT case coordinator and in accordance with paragraph 22 below.

14. On or before April 24, 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.

15. On or before May 15, 2026, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

16. On or before April 24, 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.

17. Parties may provide to all other parties and the OLT case coordinator a written response to any written evidence within ten (10) days after the evidence is received, by May 8, 2026, and in accordance with paragraph 22 below.

18. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case coordinator on or before May 29, 2026,

19. 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.

20. 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, on or before May 29, 2026, that the written evidence is not part of their record.

21. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before May 29, 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.

22. All filings shall be submitted electronically unless otherwise directed. 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.

23. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 13 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
2026-03-06	Exchange of list of witnesses and the order in which they will be called
2026-03-27	Meeting of expert witnesses in the same field
2026-04-10	Filing of agreed statement of facts
2026-04-24	Exchange of expert reports/expert witness statements/written evidence, evidence outlines for witnesses under summons, participant statements
2026-04-24	Exchange of visual evidence
2026-05-08	Exchange of response evidence
2026-05-15	Confirm whether all hearing dates are required
2026-05-29	Parties to prepare and file Joint Document Book
2026-05-29	Parties to prepare and file preliminary hearing plan
2026-05-29	Parties to inform Tribunal if witness(es) will not provide oral evidence, and written evidence will no longer form part of their record
2026-06-08	Video hearing to begin

Attachment “1”

LIST OF PARTIES AND MEMBERS OF PUBLIC ON MAILING LIST

Name	Address	Email Address
OWNER/ APPLICANT
Thomas Sanderson, counsel for the Appellant (FNF Enterprises Inc.)	Unit 300, 115 King Street South, Waterloo, ON N2J 5A3	tsanderson@millerthomson.com
Kristen Barisdale- GSP Group Inc.	72 Victoria Street S, Suite 201 Kitchener, ON N2G 4Y9	kbarisdale@gspgroup.ca
CITY OF CAMBRIDGE
Nicole Auty, Assistant City Solicitor	50 Dickson St., 3rd Floor, P.O. Box 669 Cambridge, ON, N1R 5W8	autyn@cambridge.ca
Sylvia Rafalski-Misch - Manager of Development Planning	50 Dickson St., 3rd Floor, P.O. Box 669 Cambridge, ON, N1R 5W8	rafalskimiss@cambridge.ca
Clerks - City of Cambridge	50 Dickson St., 3rd Floor, P.O. Box 669 Cambridge, ON, N1R 5W8	clerks@cambridge.ca
Councilor Helen Shwery	50 Dickson St., 3rd Floor, P.O. Box 669 Cambridge, ON, N1R 5W8	robertss@cambridge.ca

MEMBERS OF THE PUBLIC REQUESTING ADDITION TO MAILING LIST

Name	Email Address
Tony Shaughnessy	tony.shaughnessy@arriscraft.com
Jason Nieman	Jason.nieman@arriscraft.com
Sharon Venturin	sharon.venturin@hotmail.com
David Harvey	djfharvey2013@gmail.com
Sharon Sweeney	sharongsweeney@yahoo.ca
Sharon Pawelko	tpawelko@rogers.ocm
Debbie Bulten	debbulten@sympatico.ca
Dave Bulten	davebulten@sympatico.ca
David Harvey	djcharvey2013@gmail.com

Attachment “2”

ISSUES LIST

Issues List for FNF Enterprises Inc.

Notes:

• The Issues List uses the list of Defined Terms found after the last issue in this Attachment ‘2’.

Traffic Planning:

1. Is there a demonstrated need for the Holding Symbol to address traffic impacts of the Subject Development, and in particular: a. Does the existing Traffic Impact Study and City staff Report identify measures required for good traffic planning? b. If further information is required for purposes of rezoning, i. Is the Region of Waterloo Speedsville Road Corridor Study (the “Region Study”) a suitable tool for evaluation of site-specific rezoning? ii. is completion of the Region Study necessary before any development can proceed? iii. is implementation of the Region Study recommendations necessary before any development can proceed? c. Is it appropriate for the City’s Holding Symbol to constrain proposed use of the Lands pending completion and implementation of a Region Study?

Land Use Planning:

2. Is the Holding Provision consistent with matters of provincial interest under the Planning Act, including at s. 2(k), (l), (k)?

3. Is the Holding Provision consistent with the Provincial Planning Statement (2024), in particular, section 2.8.2.1?

4. Does the Holding Provision conform with the City of Cambridge Official Plan (2018), in particular, sections 2.7.1.1, 2.7.1.2, 6.2.2, 6.5.1 and 6.5.4?

5. Is the Holding Provision consistent with Regional Municipality of Waterloo Official Plan (2024), in particular, section 4.A.4 and 4.A.6?

6. Is the inclusion of the Holding Provision in the By-law appropriate from a land use planning perspective? Is it consistent with the status of the Regional Municipality of Waterloo as an upper-tier municipality without planning responsibilities?

Defined Terms

Appellant means: FNF Enterprises Inc.

By-Law means: the City of Cambridge Zoning By-law No. 25-014

Holding Provision means: the holding provision reflected at s.4 and Schedule “A” City of Cambridge By-law No. 25-014

Planning Act means: Planning Act, R.S.O. 1990, c. P.13, as amended

PPS (2020) means: Provincial Policy Statement, 2020

PPS (2024) means: Provincial Planning Statement (2024)

Subject Development means: 229, 235, 239 and 247 Royal Oak Road

Attachment “3”

ORDER OF EVIDENCE

1. Appellant (FNF Enterprises Inc.)
2. City of Cambridge
3. Appellant (FNF Enterprises Inc.) in Reply (if any)
4. Closing Argument

Meaning of terms used in the Procedural Order:

A party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other parties, and making submissions on all of the evidence. An unincorporated group cannot be a party and it must appoint one person to speak for it, and that person must accept the other responsibilities of a party as set out in the Order. Parties do not have to be represented by a lawyer and may have an agent speak for them. The agent must have written authorisation from the party.

NOTE that a person who wishes to become a party before or at the hearing, and who did not request this at the case management conference (CMC), must ask the Tribunal to permit this.

A participant is an individual or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a party may do so). Section 17 of the Ontario Land Tribunal Act states that a person who is not a party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A participant may also be asked questions by the parties should the Tribunal direct a participant to attend a hearing to answer questions on the content of their written submission.

A participant must be identified and be accorded participant status by the Tribunal at the CMC. A participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A participant cannot ask for costs, or review of a decision, as a participant does not have the rights of a party to make such requests of the Tribunal.

Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party or participant intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.

Visual evidence includes photographs, maps, videos, models, and overlays which a party or participant intends to present as evidence at the hearing.

A witness statement is a short-written outline of the person’s background, experience and interest in the matter; a list of the issues which he or she will discuss; and a list of reports or materials that the witness will rely on at the hearing.

An expert witness statement should include his or her (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness’ opinions on those issues and the complete reasons supporting their opinions and conclusions and (5) a list of reports or materials that the witness will rely on at the hearing. An expert witness statement must be accompanied by an acknowledgement of expert’s duty.

A participant statement is a short-written outline of the person’s or group’s background, experience and interest in the matter; a statement of the participant’s position on the appeal; a list of the issues which the participant wishes to address and the submissions of the participant on those issues; and a list of reports or materials, if any, which the participant wishes to refer to in their statement.

Additional Information

A summons may compel the appearance of a person before the Tribunal who has not agreed to appear as a witness. A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons through a request. (See Rule 13 on the summons procedure.) The request should indicate how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the information provided in the request that the evidence is relevant, necessary or admissible, the party requesting the summons may provide a further request with more detail or bring a motion in accordance with the Rules.

The order of examination of witnesses is usually direct examination, cross-examination and re-examination in the following way:

• direct examination by the party presenting the witness;
• direct examination by any party of similar interest, in the manner determined by the Tribunal;
• cross-examination by parties of opposite interest;
• re-examination by the party presenting the witness; or
• another order of examination mutually agreed among the parties or directed by the Tribunal.