Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 11, 2026
CASE NO(S).: OLT-25-000817
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended:
Applicant/Appellant: Dunlop Developments (Barrie) Inc.
Subject: By-law No. 2025-105
Description: To permit the development of a 25-storey mixed-use building
Reference Number: D30-029-2024
Property Address: 149 Dunlop Street East
Municipality/UT: City of Barrie
OLT Case No.: OLT-25-000817
OLT Lead Case No.: OLT-25-000817
OLT Case Name: Dunlop Developments (Barrie) Inc. v. Barrie (City)
Heard: January 29, 2026 by video hearing
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| Dunlop Developments (Barrie) Inc. | M. McDermid, A. Ivo |
| City of Barrie | B. Engell |
| Ian Rowe | Self-represented* |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. TOUSAW ON JANUARY 29, 2026 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This first Case Management Conference (“CMC”) was convened to prepare for a Hearing on the Merits of the appeal of Dunlop Developments (Barrie) Inc. (“Applicant” / “Appellant”) to Zoning By-law Amendment 2025-105 (“ZBA”) passed by the City of Barrie (“City”) in response to the Applicant’s ZBA application affecting 149 Dunlop Street East (“site”).
2The Applicant proposes a taller mixed-use building and lesser parking rate than the ZBA permits as passed by the City.
3No issues were raised with Notice of this CMC. The Tribunal marked the City’s Affidavit of Service for Notice as Exhibit 1.
REQUEST FOR PARTY STATUS
4The Applicant and the City are statutory Parties in this proceeding.
5Ian Rowe sought Party status, being a unit-owner and resident of the apartment building at 140 Dunlop Street East, across from the site. The Tribunal granted Non-Appellant Party status to Mr. Rowe.
6On the submissions of the requestor and the Parties, the Tribunal found as follows.
7While s. 34(19) of the Planning Act does not enable an area resident to appeal this ZBA, s. 34(24.1) allows a person to be added as a Party if they satisfy “one of the conditions set out in subsection (24.2)”:
- Before the by-law was passed, the person or public body made oral submissions at a public meeting or written submissions to the council.
- The Tribunal is of the opinion that there are reasonable grounds to add the person or public body as a party.
8Rule 8.2 of the Tribunal’s Rules of Practice and Procedure (“Rules”) also enables consideration of adding a Party where “the Tribunal has reasonable grounds to do so, provided that the person’s presence is necessary to adjudicate effectively and completely.” The Tribunal found that Mr. Rowe met all of these tests.
9Mr. Rowe participated in the public process prior to the City’s passing of the ZBA. The Tribunal also accepted Mr. Rowe’s position that, while he agrees with the ZBA passed by the City, his private interests may not be the same as the City’s reasons for the ZBA restrictions, and that a neighbouring resident’s perspective will assist the Tribunal in adjudicating effectively and completely. The Tribunal accepts the possibility that the City may apply a broad planning perspective through its evidence, while a neighbouring resident may pursue a more focussed view. Mr. Rowe anticipates calling a planning witness and will endeavour not to duplicate the evidence of the City. Mr. Rowe is fully aware of the duty and obligations of a Party, based on his past professional roles.
10The City’s position aligned with Mr. Rowe’s request. To the Applicant’s opposition, based largely on the potential repetition of evidence, the Tribunal found that such concern can be addressed adequately through the professional witnesses’ meeting(s) and exchanges, and can be managed by the Member assigned to the Hearing. The Applicant acknowledged, fairly, that Mr. Rowe does meet the conditions of the Act s. 34(24.2).
11Upon this Ruling, the Applicant addressed Rule 8.3 Non-Appellant Party in the context of the Procedural Order (PO), as set out below.
PROCEDURAL ORDER
12The Parties will work collaboratively to finalize the draft Issues List (“IL”) and the Applicant will file the completed PO by March 6, 2026 for the Tribunal’s review and approval.
13Rule 8.3 limits the involvement of a Non-Appellant Party by sheltering under the appeal of an Appellant. The Applicant expressed concern, albeit subject to further review and discussion, that Mr. Rowe’s issues may go beyond those of the Applicant. Mr. Rowe contends that his additional policy sections relate wholly to the issue of height as contained in the Applicant’s appeal. The Parties anticipate resolving and finalizing the IL for the PO, but they may contact the Tribunal should any disagreement remain. The Tribunal encouraged the Parties to be somewhat flexible on policy references in the IL where they reasonably pertain to the core issues of building height and parking ratio.
MEDIATION
14The Tribunal encouraged the Parties to contemplate and discuss Tribunal-led mediation, given its potential to scope issues or arrive at a settlement.
HEARING ON THE MERITS
15At the Parties’ request, a Hearing is scheduled to proceed by video for six (6) days, commencing on Wednesday, September 9, 2026 at 10 a.m. and ending on or before Wednesday, September 16, 2026 at 4:30 p.m. No further Notice will be issued.
16Parties and/or Participants and/or Observers 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
17Parties and/or 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 GoTo Meeting or a web application is available: https://app.gotomeeting.com/home.html
18Persons 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: +1 (647) 497-9373 or (Toll-Free): 1-888-299-1889. The access code is: 914-098-901.
19Individuals 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.
20As 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
21The Tribunal Orders that:
– Ian Rowe is granted Non-Appellant Party status;
– Dunlop Developments (Barrie) Inc. will file the completed Procedural Order by Friday, March 6, 2026 for approval; and
– A six-day Hearing on the Merits is scheduled to commence on Wednesday, September 9, 2026.
“S. Tousaw”
S. TOUSAW
VICE CHAIR
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.