Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 5, 2026
CASE NO(S).: OLT-22-003518
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: San Marco In Lamis Ltd.
Subject: Request to amend the Official Plan - Failure of the County of Simcoe to adopt the requested amendment
Existing Designation: Rural Agricultural and Hazard
Proposed Designated: Urban Residential and Open Space
Purpose: To permit the construction of 336 units of affordable housing
Property Address/Description: 6209 14th Line, North half of LOT 9, Concession 13
Municipality: Town of New Tecumseth
Approval Authority File No.: DEV-209
OLT Case No.: OLT-22-003518
Legacy Case No.: PL110269
OLT Lead Case No.: OLT-22-003518
Legacy Lead Case No.: PL110269
OLT Case Name: San Marco In Lamis Ltd. v. Simcoe (County)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: San Marco In Lamis Ltd.
Subject: Application to amend Zoning By-law No. 96-103 - Refusal or neglect of Town of New Tecumseth to make a decision
Existing Zoning: Agricultural (A1) and Flood Plan Management Area (FPMA).
Proposed Zoning: Urban Residential (UR1), (UR2), (UR3), Institutional (I) and Open Space (OS)
Purpose: To permit the construction of 336 units of affordable housing
Property Address/Description: 6209 14th Line, North half of LOT 9, Concession 13
Municipality: Town of New Tecumseth
Municipality File No.: DEV 209
OLT Case No.: OLT-22-003522
Legacy Case No.: PL110269
OLT Lead Case No.: OLT-22-003518
Legacy Lead Case No.: PL120324
Heard: December 4, 2025, by Video Hearing
APPEARANCES:
Parties
Counsel
San Marco In Lamis Ltd.
Russell Cheeseman
Town of New Tecumseth
James J. Feehely
County of Simcoe
Alex Freeman-Carter
Ministry of Municipal Affairs
Ken Hare, Tamara Hohenkerk (student-at-law)
Ontario Potato Distributing Inc.
Chris Barnett
Mattamy Homes C. Barnett
Chris Barnett
MEMORANDUM OF ORAL DECISION DELIVERED BY K.R. ANDREWS ON December 4, 2025, AND ORDER OF THE TRIBUNAL
INTRODUCTION and background
1This matter involves an Official Plan Amendment application and Zoning By-law Amendment application commenced in 2004. Those applications were appealed to the Ontario Municipal Board (the “OMB”; as the Tribunal was known then) in 2011. In February and March 2018, two pre-hearing conferences of the OMB were held concerning the appeals. Ultimately, the matter was adjourned sine die until the County municipal comprehensive review (addressing the allocation of its additional population and employment growth to 2041) had been approved by the Ministry. The matter has been unattended since.
2The present Case Management Conference (“CMC”) was held to bring the matter forward. At the commencement of the hearing, Tecumseth Estates Inc. confirmed that it withdrew its party status.
3The parties explained that the South Simcoe Growth Initiative is currently underway, and its outcome could impact the present appeals. Consequently, the Tribunal agreed to adjourn the matter until April 9, 2026, and seek a further update then.
Next CMC
4Upon request of the parties, the Tribunal set a subsequent CMC hearing commencing by video on Thursday April 9, 2026, at 10 a.m. No further Notice is required.
GoTo Meeting: https://global.gotomeeting.com/join/656004293;
Access Code: 656-004-293
5Parties 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
6Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889. The access code is: 656-004-293.
7Individuals 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.
8The Parties are reminded of the availability of Tribunal-assisted mediation and of the expectation that they are to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.
9As 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
10The Tribunal Orders that the date and particulars of the hearing are set out above.
11The Member is not seized but may be spoken to through the Case Coordinator if any issues arise.
“K.R. Andrews”
K.R. ANDREWS
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.