Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 19, 2026
CASE NO(S).: OLT-25-000357
PROCEEDING COMMENCED UNDER subsection 51(48) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: The Trident Members Inc. Subject: Change of Conditions of approval of draft plan of subdivision Description: Appeal for change of condition lapsing Reference Number: 12T-96-005 Property Address: Part of Lots 12, 13 and 14, Concession 4, Township of Limerick Municipality/UT: Limerick/Hastings OLT Case No.: OLT-25-000357 OLT Lead Case No.: OLT-25-000357 OLT Case Name: The Trident Members Inc. v. Hastings (County)
PROCEEDING COMMENCED UNDER subsection 51(48) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: The Trident Members Inc. Subject: Change of Conditions of approval of draft plan of subdivision Description: Appeal for change of condition lapsing Reference Number: 12CD-2005-10 Property Address: Part of Lots 12, 13 and 14, Concession 4, Township of Limerick Municipality/UT: Limerick/Hastings OLT Case No.: OLT-25-000358 OLT Lead Case No.: OLT-25-000357
Heard: February 11, 2026
APPEARANCES:
| Parties | Counsel |
|---|---|
| The Trident Members Inc. ("Applicant/Appellant") | Noah Gordon |
| County of Hastings ("County") | Jennifer Savini, Daniel Querques |
MEMORANDUM OF ORAL DECISION DELIVERED BY D. CHIPMAN ON FEBRUARY 11, 2026 AND ORDER OF THE TRIBUNAL
Link to Order
INTRODUCTION
1The Tribunal convened a Case Management Conference (“CMC”) in respect of the appeal (“Appeal”) filed by The Trident Members Inc. pursuant to s. 51(48) of the Planning Act, (“Act”) on the County’s passing of an amendment to Conditions of Approval (“Conditions”) on the approved draft Plan of Subdivision (“PoS”) and Common Elements Condominium. The Subject Lands are municipally known as Part of Lots 12, 13 and 14, Concession 4, Township of Limerick, County of Hastings.
2The Appellant appealed the amendments to the Conditions related to road construction and whether the County acted judicially or reasonably when changing a condition under s. 51(44) of the Planning Act; whether the County had jurisdiction to impose a new lapsing provision; and whether the six-month lapsing provision is reasonable, relevant, necessary or equitable.
3This matter was scheduled as a three-day Merit Hearing. Having received communication from the Appellant that new counsel had recently been engaged, along with a request for a four-week (4-week) adjournment, the Tribunal converted the first day of the Merit Hearing to a CMC so that both Parties could provide a status update and discuss a path forward to a resolution of this matter.
4The Tribunal notes that the Affidavit of Service for Notice of the Merit Hearing signed May 15, 2025, sworn by Justin Harrow, serves as notice for this first CMC.
CMC HEARING
5Counsel for the Appellant provided a brief overview of the matter, noting its lengthy and complex history before the OLT (formerly the OMB), with proceedings dating back to 1999 and 2008 relating to the original appeal of the draft Plan of Subdivision (PoS) and the Common Elements Condominium. Counsel also noted property has also changed ownership several times over the course of the years.
6Mr. Gordon explained that a brief adjournment would provide his client with sufficient time to prepare for the Merit Hearing while allowing continued discussions with the County toward a potential resolution. The County confirmed that the request before the Tribunal for a four‑week adjournment was brought on consent.
7The Parties requested that a second CMC be scheduled in approximately one month, at which time they would provide a further status update and potentially present a settlement.
PARTICIPANT STATUS REQUEST
8The Tribunal received a Participant Status Request Form from Mr. George Offshack and, hearing no objections from the Parties, granted him Participant Status.
MEDIATION
9The Tribunal reminds the Parties that information regarding Tribunal-led mediation can be obtained at any time through the Case Coordinator.
SECOND CMC HEARING
10Accordingly, the Tribunal set a second CMC to commence on March 25, 2026, at 10 a.m., by video conference.
11If the Parties resolve the remaining issues, they are directed to contact the Case Coordinator so that the CMC may be converted to a Settlement Hearing. If the matter remains unresolved, the Parties are directed to provide a draft Procedural Order, including an Issues List, to the Case Coordinator at least three (3) days prior to the CMC for the Tribunal’s review and approval.
12Parties 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/442599157
Access code: 442-599-157
13Persons 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) 497-9391 or (Toll-Free): 1-888-455-1389. The Access Code is as indicated above in paragraph 12.
14Individuals 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 Hearing 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.
15As 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
16THE TRIBUNAL ORDERS its directions in this Decision.
17THE TRIBUNAL ORDERS that George Offshack is granted Participant status.
18This Member remains available to assist with the case management of this proceeding, subject to the Tribunal’s calendar.
19This Member is not seized.
20No further notice will be given.
“D. Chipman”
D. CHIPMAN
MEMBER
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.