Crown (Bradford) Developments Inc. v Barrie (City), 2026 CanLII 12523

Ontario Land Tribunal

Issue Date: February 13, 2026

Case No.: OLT-25-000075

Proceeding Commenced Under subsection 17(40) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Crown (Bradford) Developments Inc. Subject: Request to amend the Official Plan – Failure to make a decision Description: To permit the development of the Subject Lands with a mixed-use building. Reference Number: 30-008-2024 Property Address: 126, 136 and 140 Bradford Street Municipality: Barrie OLT Case No.: OLT-25-000075 OLT Lead Case No.: OLT-25-000075 OLT Case Name: Crown (Bradford) Developments Inc. v Barrie (City)

Proceeding Commenced Under subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Crown (Bradford) Developments Inc. Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit the development of the Subject Lands with a mixed-use building. Reference Number: D30-008-2024 Property Address: 126, 136 and 140 Bradford Street Municipality: Barrie OLT Case No.: OLT-25-000076 OLT Lead Case No.: OLT-25-000075

Before: S. BRAUN, VICE-CHAIR Thursday, the 12th day of February, 2026

THESE MATTERS having come before the Ontario Land Tribunal (the “Tribunal”) for a Case Management Conference on May 27, 2025;

AND THE TRIBUNAL being provided with a draft Procedural Order for the purpose of governing the required procedures leading up to the hearing commencing on November 13, 2026;

THE TRIBUNAL ORDERS that, the Procedural Order, as agreed to between the Parties and attached hereto as Schedule “A”, shall be in force and effect for the purpose of governing the required procedures leading up to and including the hearing, which is scheduled to commence on November 13, 2026. The Tribunal has set aside 10 days for the hearing.

“Matthew D.J. Bryan”

MATTHEW D.J. BRYAN REGISTRAR 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.

SCHEDULE A

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 November 13, 2026. in accordance with the following links:

   Virtual Link: https://global.gotomeeting.com/join/909787981 Access Code: 909-787-981 Audio-only (toll-free): 1-888-455-1389 Access Code: 909-787-981

3. The length of the hearing will be 10 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 procedural order deadlines are generally found in Attachment 1.

5. Parties and Participants identified at the Case Management Conference are listed in Attachment 2 to this Order.

6. The Issues are set out in the Issues List attached as Attachment 3 to this Order. 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.

7. The order of evidence is set out in Attachment 4 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.

8. Any person intending to participate in the hearing shall provide a mailing address, email address and a telephone number to the Tribunal. Any such person who retains a representative must advise the other Parties and the Tribunal of the representative’s name, address, email address and the phone number.

9. 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 (https://olt.gov.on.ca/tribunals/lpat/).

Requirements Before the Hearing

10. 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 Friday, July 10, 2026. For expert witnesses, a Party is to identify the area of expertise in which the witness is proposed to be qualified. Any challenges to the witness, including qualifications of a witness to give opinion evidence in the area of expertise proposed shall be made by motion in accordance with the Tribunal’s Rules and notice of same must be served on the other Parties on or before Friday, July 24, 2026.

11. Expert witnesses in the same discipline(s) shall have at least one meeting on or before Friday, August 14, 2026, to try to resolve or reduce the issues for the hearing. The experts shall prepare a list of any agreed facts and the remaining issues to be addressed at the hearing and provide this list to all of the Parties and the Tribunal on or before Friday, August 28, 2026, if this meeting takes place and if agreement is reached.

12. 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, the acknowledgement of expert's duty and curriculum vitae. Copies of this must be provided as in Section 13. 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. For greater certainty, each expert witness statement must comply with the minimum content requirements specified in Rule 7 of the Tribunal’s Rules of Practice and Procedure. If the expert witness has prepared any report(s) that he/she intends to rely on at the hearing, and which did not form part of the submissions made to the City, such report(s) shall be provided to the other Parties at the same as the delivery of expert witness statements, as in Section 13.

13. On or before Friday, September 18, 2026, the parties shall provide copies of their witness and/or expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with Section 23 below.

14. On or before Friday, September 18, 2026, a participant shall provide copies of their written participant statement to the other parties in accordance with Section 23 below. A participant cannot present oral submissions at the hearing on the content of their written statement.

15. 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 Section 13.

16. On or before Friday, October 9, 2026, the Parties may provide to all other Parties a written response to any written evidence.

17. On or before Friday, October 16, 2026, the Parties shall advise the Tribunal of whether any hearings dates scheduled for this matter may be released from the Tribunal's calendar. This request may only be made on consent of all of the Parties. If no hearing dates are intended to be released from the Tribunal's calendar, no Party is required to advise the Tribunal anything further in that regard.

18. On or before Friday, October 30, 2026, the Parties shall provide copies of their visual evidence to all of the other Parties. The Tribunal and all Parties shall be notified if a model will be used, all Parties must have a reasonable opportunity to view it before the scheduled commencement of the hearing.

19. A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. Such a motion shall be in accordance with the Tribunal’s Rule 10, which requires that the moving Party provide copies of the motion to all other Parties at least fifteen (15) days before the Tribunal hears the motion.

20. A Party who provides a witness’ written evidence to the other Parties must have the witness attend the hearing to give oral evidence, unless the Party notifies the Tribunal at least seven (7) days before the hearing that the written evidence is not part of their record.

21. On or before Friday, November 6, 2026, the Parties shall prepare and file a detailed Work Plan that identifies the following, at a minimum: the identified Parties participating in the Hearing Event, preliminary matters (if any to be addressed), the date a witness is intended to attend the Tribunal, the identified witness name/expertise, and the approximate time allotted for Examination in Chief, Cross Examination and any re-examination (if any) (the “Work Plan”). The Work Plan should be adhered to guide the Hearing Event to the best ability of all the Parties, and any and all witnesses shall be available on the identified date(s), unless otherwise directed by the Tribunal. The Tribunal may, at its discretion, change or alter the Work Plan throughout the Hearing Event.

22. The Parties shall prepare a Joint Document Book on or before Friday, November 6, 2026, and which one (1) hard copy will be filed with the Tribunal as soon as practicable in advance of the Hearing. All Parties must be served with the Joint Document Book in paper or an accessible electronic format in accordance with Section 23.

23. All filing of documents and materials shall be electronic to the Tribunal, the Parties and Participants (if any). The Tribunal will be provided a hard copy of documents and materials in advance of the hearing event as soon as practicable. 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. All documents to be filed with the Tribunal shall be organized, tabbed and digitally searchable and such materials will be filed in accordance with directions contained in the Tribunal’s Video Hearing Guide, dated July 2, 2020, or as may be amended. Section 23 applies regardless if the hearing event is in-person or electronic.

24. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.

25. The Tribunal may conduct mediation on consent of all Parties, on consent of those Parties who wish to participate in mediation, or if the Tribunal sees fit.

26. The purpose of this Procedural Order and the meaning of the terms used in this Procedural Order are set out in Attachment 5.

This Member is not seized.

So orders the Tribunal.

BEFORE: Name of Member: Date:

TRIBUNAL REGISTRAR

ATTACHMENT 1 SUMMARY OF DATES

DATE	EVENT
Friday, July 10, 2026	Exchange of witness lists (names, disciplines and order to be called)
Friday, July 24, 2026	Last date to challenge identification of expert witness
Friday, August 14, 2026	Deadline for Experts’ Meeting to be held
Friday, August 28, 2026	Agreed Statement of Facts
Friday, September 18, 2026	Exchange of Witness Statements, summoned witness outlines, Expert Reports and Participant Statements
Friday, October 9, 2026	Exchange of Reply Witness Statements (if any)
Friday, October 16, 2026	Parties to advise Tribunal if any hearing dates are to be released from the hearing calendar (if any)
Friday, October 30, 2026	Exchange of visual evidence (if any)
Friday, November 6, 2026	Final Work Plan filed with the Tribunal
Friday, November 6, 2026	Finalize Joint Document Book
Friday, November 13, 2026	Hearing commences

ATTACHMENT 2

LIST OF PARTIES AND PARTICIPANTS

A. PARTIES

*Counsel/Agent

1. Crown (Bradford) Developments Inc.

Calvin Lantz Stikeman Elliott LLP 5300 Commerce Court West 199 Bay Street Toronto, ON M5L 1B9 E-mail: clantz@stikeman.com Tel.: 416 869 5669

Jonathan Cheng Stikeman Elliott LLP 5300 Commerce Court West 199 Bay Street Toronto, ON M5L 1B9 E-mail: jcheng@stikeman.com Tel.: 416 869 6807

2. City of Barrie

Bruce Engell WeirFoulds LLP 4100 – 66 Wellington St. W. PO Box 35, TD Bank Tower Toronto, ON M5K 1B7 Email: bengell@weirfoulds.com Tel.: 416-806-5081

B. PARTICIPANTS

1. Gary Bell 365 Codrington Street Barrie, ON L4M 1S9 Email: gbell.consultingplanner@gmail.com Tel: 705-722-1602

ATTACHMENT 3 ISSUES LIST

NOTE: The identification of an issue on the Issues List does not constitute an acknowledgement by the Tribunal or any Party that the issue, or the manner in which it is expressed, is either appropriate or relevant to the determination of the Tribunal at the hearing. The extent to which an issue is appropriate or relevant to the determination of the hearing will be a matter of evidence and argument at the hearing.

General

1. Do the proposed Official Plan Amendment and Zoning By-law Amendment represent good planning?

Provincial Planning Statement (2024)

2. Are the proposed Official Plan Amendment and Zoning By-law Amendment consistent with the Provincial Planning Statement (2024), including Sections 2.1 (Planning for People and Homes), 2.2 (Housing), 2.3 (Settlement Areas and Settlement Area Boundary Expansions), and 2.4 (Strategic Growth Areas) in regard to well designed built form?

Planning Act

3. Do the proposed Official Plan Amendment and Zoning By-law Amendment have appropriate regard to matters of provincial interest in Sections 2(f), 2(h), 2(j), 2(p), 2(q) and 2(r) of the Planning Act?

City of Barrie Official Plan (2024)

4. Does the proposed Zoning By-law Amendment conform with the City of Barrie Official Plan (2024) and is it appropriate given its policies, including but not limited to:
   1. Section 2 (Planning an Urban and Complete City); in respect of demonstrating a holistic approach through ‘one city, one vision, one plan’ philosophy, where compatibility of uses, strategic asset management and complete community development are identified;
   2. Section 2.3.2 (Urban Growth Centre), 2.5(l)(General Land Use Policies) and 6.4.2 in respect of the provision of affordable housing at an appropriate rate which meets the definition of affordable, is maintained over the long-term, across a range of unit types and sizes and appropriately provides parking;
   3. Sections 2.5.5 (Change in Land Use), 3.2.1 (Human Scale Design), 3.3.4 (High-Rise Buildings), and 8.4.3 (Historic Neighbourhoods), in respect of front, side, and rear yard setbacks;
   4. Sections 2.5.5 (Change in Land Use), 3.3.4 (High-Rise Buildings) and 8.4.3 (Historic Neighbourhoods) in respect of providing an appropriate transition between an Intensification Area and a ‘stable’ Neighbourhood;
   5. Section 2.6.3 (High Density), in particular, Section 2.6.3.3; in respect of the provision of a mix of uses, and has a height above the permitted 25 storeys been appropriately justified.;
   6. Section 3.2 (General Urban Design Guidelines), in particular, Sections 3.2.1 (Human Scale Development), 3.2.2(Complete Neighbourhood Design), and 3.2.4.6 (Semi-Public Spaces and Amenity Areas); in respect of building design and integration within the existing and planned community;
   7. Sections 3.3.4 (High-Rise Buildings), 3.2.3.1 (Green Development Standards), 3.2.4.6 (Semi-Public Spaces and Amenity Areas), 3.3.4 (High Rise Buildings), and 3.4 (Parking Design for Developments) in respect of appropriate amenity space;
   8. Sections 3.2 (General Urban Design Guidelines), 4.2 (Complete Streets), and 4.3 (Mobility Network) in relation to transportation access and streetscape design;
   9. Section 6.3.2 (Urban Forests) and 8.4.3 (Historic Neighbourhoods) in relation to shared, boundary and street trees; and
   10. Section 6.6 (Infrastructure Resilience) in respect of appropriately accommodating waste management, fire and emergency vehicles and transit services.

City of Barrie Urban Design Manual (2007)

5. Do the proposed Official Plan Amendment and Zoning By-law Amendment have appropriate regard for the following sections of the City of Barrie’s Urban Design Manual (April 2007):
   1. Section 2.0 (Physical Environment and Building Siting):
      1. (B) Ensure compatibility with adjacent development, visual character and unity of the neighbourhood;
      2. (C) Design buildings at a scale that is compatible with adjacent structure, respecting established heights and setbacks in the neighbourhood;
      3. (E) Design outdoor spaces with regard to the programmed use, quality of views and the influences of the sun and wind;
      4. (G) Design the building setback at a pedestrian scale and contribute to a desirable streetscape;
      5. (M) Minimize shadows cast on adjacent properties;
      6. (N) Provide a variety of reliefs and architectural elements within the façade; and
      7. (O) Consider future site intensification and possible integration with adjacent lands.
   2. Section 3.0 (Site Circulation); section 3.1 (Pedestrian Circulation) and 5.0 (Lighting), including subsections:
      1. 3.1(A) Provide a safe and convenient and accessible pedestrian network from street to building; and
      2. 3.1(D) Identify and emphasize major pedestrian routes.
   3. Sections 2.0 (Physical Environment and Building Siting), 3.2 (General Urban Design Policies), 3.6 (Emergency Access), and 4.0 (Site Services), in relation to appropriate accommodation of waste management, fire and emergency vehicles and transport services, including subsections:
      1. 2.0 (B)(F)(K) Ensure compatibility of the development including the location of open storage, loading, garbage enclosures or equipment through appropriate siting and or the use of landscaping to reduce off site impacts;
      2. 3.2 (A) Design parking and vehicular movement plans in a safe, convenient and easily understood manner with appropriate turning radii and visibility – for servicing and emergency response;
      3. 3.6 (A)(B)(C) Ensure emergency vehicles can gain access to the site, provide for vehicle movement which does not conflict with residents, and clear pedestrian passage; and
      4. 4.0 (A)(B)(C) Ensure loading bays, recycling and garbage areas are located away from public streets but do not create entrapment areas, eliminate conflict between these areas and pedestrian routes and avoid site circulation which requires reversing or maneuvering on public streets.
   4. Section 9.1.7 (Landscaping Guidelines for Residential Developments) in respect to the required landscape strips and buffers, specifically in respect of the 6.0 metre landscape strip for the proposed development?

City of Barrie Intensification Area Urban Design Guidelines (2012)

6. Do the proposed Official Plan Amendment and Zoning By-law Amendment have appropriate regard for the Intensification Area Urban Design Guidelines (2012), including:
   1. Section 2.4.1 (Vision for Intensification Areas), in respect of being a high quality design, encouraging a mix of uses, and supporting the integrity of the stable neighbourhood;
   2. Sections 2.4.2 (Priority Directions), 4.3.2 (Building Heights) and 4.3.6 (Side Building Step-backs) in relation to building height, scale and massing;
   3. Section 4.3.1 (Building Orientation and Site Layout) in respect of front, side and rear yard setbacks; and
   4. Sections 4.3.4 (Front Façade Step-backs) and 4.3.7 (Transition to Neighbourhoods) in respect of providing an appropriate transition between an Intensification Area and a ‘stable’ Neighbourhood?

ATTACHMENT 4 ORDER OF EVIDENCE

1. Crown (Bradford) Developments Inc.
2. City of Barrie
3. Crown (Bradford) Developments Inc., reply, if any

ATTACHMENT 5

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.