Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: March 03, 2026

CASE NO.: OLT-25-000021

PROCEEDING COMMENCED UNDER subsection 28(15) of the Conservation Authorities Act, R.S.O. 1990, c. C.27, as amended

Appellant: 2796539 Ontario Inc.

Respondent: Upper Thames River Conservation Authority

Subject: To appeal for the refusal of a development permit application

Description: To redevelop the subject property and replace the previously existing structures within a regulated area

Property Location: 1310 Adelaide Street North and 795 Windermere Road

Reference Number: 153-24

Municipality/UT: London/Middlesex

OLT Case No.: OLT-25-000021

OLT Lead Case No.: OLT-25-000021

OLT Case Name: 2796539 Ontario Inc. v. Upper Thames River Conservation Authority

BEFORE:

Steven Cooke

VICE-CHAIR

Monday, the 10th day of November, 2025

UPON APPEAL having been brought by 2796539 Ontario Inc. for the refusal of a development permit application by the Upper Thames River Conservation Authority pursuant to subsection 28(15) of the Conservation Authorities Act, R.S.O. 1990, c. C.27, as amended

AND THE TRIBUNAL marked as Exhibit 1 the Affidavit of Service attesting to proper Notice having been given for this Case Management Conference (“CMC”) and proceeded to conduct a CMC on Monday, November 10, 2025, held by video conference;

AND THE TRIBUNAL, at the CMC, scheduled a 7-day Merit Hearing to commence on Thursday, April 9, 2026 by videoconference;

Parties and Participants 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://meet.goto.com/680885805

Access code: 680-885-805

Parties and 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

Persons 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: 680-885-805.

Individuals 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.

As 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.

AND THE TRIBUNAL, having reviewed the draft Procedural Order and Issues List provided on consent of the parties to govern the proceeding of the Merit hearing;

THE TRIBUNAL ORDERS THAT:

1. The seven-day Merit Hearing be scheduled as detailed above;
2. The Procedural Order found in “Attachment 1” is approved.
3. This Vice-Chair is not seized but remains available to assist with the case management of this proceeding, subject to the Tribunal’s calendar.

“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.

Attachment 1

CMC Attendance List

Party Name	Counsel
Upper Thames River Conservation Authority	C. Leger P. Pickfield (in absentia)
2796539 Ontario Inc.	P. Lombardi

ATTACHMENT 1

OLT Case No: OLT-25-000021

PROCEEDING COMMENCED UNDER subsection 28(15) of the Conservation Authorities Act, R.S.O. 1990, c. C. 27, as amended.

Applicant / Appellant: 2796539 Ontario Inc.

Respondent: Upper Thames River Conservation Authority

Subject: To appeal for the refusal of a development permit application

Description: To redevelop the subject property and replace the previously existing within a regulated area

Property Location: 1310 Adelaide Street North and 795 Windermere Road

Reference Number: 153-24

Municipality/UT: London / Middlesex

OLT Case No: OLT-25-000021

OLT Lead Case No: OLT-25-000021

OLT Case Name: 2796539 Ontario Inc. v. Upper Thames River Conservation Authority

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 April 9, 2026 starting at 10:00 a.m.

3. The parties’ initial estimation for the length of the hearing is seven (7) days ending on Friday, April 17, 2026. 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 (see Attachment 4 for the meaning of these terms).

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 Friday, January 9, 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 Friday, January 23, 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 an updated Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before Monday, February 20, 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 February 27, 2026, the parties shall provide copies of their witness and expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 22 below.

14. On or before Monday, February 16, 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 Friday, March 13, 2026 the parties shall provided copies of any reply expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 22 below.

16. On or before Monday, March 2, 2026, the parties shall confirm with the Tribunal if all of the reserved hearing dates are still required.

17. On or before Thursday, March 19, 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.

18. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before Monday, March 30, 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 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 Thursday, April 2, 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 and hard copies provided upon request of the Tribunal or Party. 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 17 applies to such requests.

This Member is [not] seized.

So orders the Tribunal.

BEFORE:

Name of Member:

Date:

TRIBUNAL REGISTRAR

SUMMARY OF DATES

DATE	EVENT
January 9, 2026	Exchange of witness lists (names, disciplines and order to be called)
January 23, 2026	Experts meeting prior to this date
February 20, 2026	Agreed Statement of Facts
February 16, 2026	Participant Statements due
February 27, 2026	Exchange of Witness Statements, summoned witness outlines, and Expert Reports
March 2, 2026	Confirmation of Hearing Dates Required
March 13, 2026	Exchange of Reply Expert Witness Statements
March 19, 2026	Exchange of Visual Evidence (if any)
March 30, 2026	Finalize Joint Document Book
April 2, 2026	Final Hearing Plan filed with the Tribunal
April 9, 2026	Hearing commences

ATTACHMENT 1

LIST OF PARTIES

PARTY	COUNSEL
1. Upper Thames River Conservation Authority	Peter Pickfield | Partner Garrod ✦ Pickfield LLP - Environmental, Municipal and Planning Law 9 Norwich Street W. Guelph, ON N1H 2G8 Tel: (519) 837-0500 Email: pickfield@garrodpickfield.ca
2. 2796539 Ontario Inc.	Siskinds LLP 275 Dundas Street, Unit 1 London, Ontario N6B 3L1 Paula Lombardi Tel: 519.660.7878 Email: paula.lombardi@siskinds.com

ATTACHMENT 2

ISSUES LIST

NOTE: The identification of an issue does not mean that all parties agree that such issue, or the manner in which the issue is expressed, is appropriate or relevant to the determination of the Tribunal at the hearing. The extent to which these issues are appropriate or relevant to the determination of the Tribunal at the hearing will be a matter of evidence and argument at the hearing.

1. Does the subject application meet the statutory tests set out in Section 28.1(1) of the Conservation Authorities Act?

2. Is the subject application consistent with Sections 2.3.1 1., 2.3.1 2., 5.1 1., 5.2.2 b), 5.2.3 c), 5.2.3 d), and 5.2.8 of the Provincial Planning Statement (2024)?

3. Does the proposed development meet the definition of ‘replacement structures’ as set out in Section 7.1 of the Environmental Planning Policy Manual for the Upper Thames River Conservation Authority (2017)? Related to this issue:

a. Is the proposed development permitted under the provisions of Section 3.2.3.2 (Riverine Flooding Hazard Policies) of the of the Environmental Planning Policy Manual for the Upper Thames River Conservation Authority (2017)?

b. Does the proposed development meet the definition of ‘replacement structures’ If so, does the subject application meet the requirements of Sections 4.2.2.4 and 4.2.2.6 of the Environmental Planning Policy Manual for the Upper Thames River Conservation Authority (2017)?

c. If the proposed development does not meet the definition of ‘replacement structures’, does the subject application meet the requirements of Sections 4.2.1.1 and 4.2.1.2 of the Environmental Planning Policy Manual for the Upper Thames River Conservation Authority (2017)?

4. Can flooding and/or any other associated risks be adequately mitigated to:

a. achieve consistency with the above noted sections of the Provincial Planning Statement (2024); and,

b. meet the requirements of the above-noted policies of the Environmental Planning Policy Manual for the Upper Thames River Conservation Authority (2017)?

ROYAL PREMIER HOMES / APPELLANT ISSUE

5. Is the improved access to Adelaide Street North required to provide adequate access to the Property?

ATTACHMENT 3: Order of Evidence

General Order of Evidence (subject to refinement in final hearing plan):

(a) Appellant

(b) Upper Thames River Conservation Authority

(c) Appellant in Reply

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