Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 6, 2026
CASE NO(S).: OLT-23-001320
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Fred Jamieson
Appellant: Sifton Properties Limited
Description: To permit the proposed amendment to the Thames Centre Official Plan
Reference Number: 39-TC-OPA27
Property Address: Municipality-wide
Municipality/UT: Thames Centre/Middlesex
OLT Case No.: OLT-23-001320
OLT Lead Case No.: OLT-23-001320
OLT Case Name: Jamieson and Sifton Properties Limited v. Municipality of Thames Centre
PROCEEDING COMMENCED UNDER subsection 9(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6
Request by: Municipality and the County
Motion for: Directions
Heard: Written Submissions
APPEARANCES:
Parties
Counsel/Representative*
Sifton Properties Limited
Andrea Skinner
Fred Jamieson
Stewart Findlater*
Municipality of Thames Centre and County of Middlesex
Paula Lombardi
DECISION DELIVERED BY SHARON L. DIONNE AND ORDER OF THE TRIBUNAL
Link To Order
BACKGROUND
1On November 23, 2023, the County of Middlesex (“County”) approved Official Plan Amendment No. 27 (“OPA 27”), being an Amendment to the Municipality of Thames Centre Official Plan (“Thames Centre OP”). The purpose and intent of OPA 27 is to update the Thames Centre OP to reflect Provincial legislation and policy, to align with the policies of the County of Middlesex Official Plan (“County’s OP”), and to update policies on various planning matters. OPA 27 applies to the entirety of the lands situated within the boundaries of the Municipality of Thames Centre (“Municipality”).
2Appeals of OPA 27 were filed by two interests, namely Fred Jamieson and Sifton Properties Limited (“Sifton”), pursuant to s. 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended (“Act”). In summary,
a. the Fred Jamieson appeal relates to Policy 3.1.5 Additional Residential Units (“ARUs”). The County, the Municipality, and Fred Jamieson have now resolved the issues between them and have entered into Minutes of Settlement; and
b. the Sifton appeal relates to the overall lack of residential land supply provided for in OPA 27, as well as the appropriateness of the location of residential land supply and forecasted residential growth within the Municipality.
3By way of the Tribunal’s Order issued on June 11, 2024, Phil Ruggeri was granted Participant status in the appeal of OPA 27. As noted in his Participant Statement (dated April 3, 2025), Mr. Ruggeri’s interest in the appeal of OPA No. 27 relates to the potential for an expansion to settlement area(s) and opportunities that may allow for additional lands to be included for development.
4Provincial Planning Statement, 2024 (“PPS 2024”) came into force and effect on October 20, 2024, after the time of the County’s Decision on OPA 27. PPS 2024 replaces the Provincial Policy Statement 2020 (“PPS 2020”). In accordance with s. 3(5) of the Planning Act, a decision of an approval authority, including the Tribunal, in exercising its authority that affects a planning matter, such as the approval of OPA 27 or portions thereof, must be consistent with PPS 2024.
5On January 14, 2025, upon the request of the Municipality, and on consent of all Parties, the Tribunal adjourned the appeals sine die. At that time, the Parties had advised the Tribunal that they had agreed to a process for the exchange of documentation and materials relating to the undertaking of revised population and employment forecasts for Thames Centre to reflect PPS 2024. Further, the Parties would be contacting the Tribunal to seek a motion date to request that the Tribunal consider bringing those portions of OPA 27 not under appeal into force, along with the settlement of any appeals.
MOTION
6The matter before the Tribunal is a Motion, brought jointly by the Municipality and the County, seeking the Tribunal’s consideration of the following:
a. To allow and approve certain modifications to OPA 27, in particular to Policy 3.1.5 – Additional Residential Uses to the Thames Centre OP, which in part resolve the issues raised by Fred Jamieson;
b. To allow and approve certain modifications to Schedule ‘A’ – LAND USE PLAN to the Thames Centre OP to re-designate lands municipally known as 3124 Westchester Bourne from the Agricultural designation to the Rural Industrial designation; and,
c. To approve certain policies of OPA 27 which were under appeal, but for which the appeal(s) do not apply to those policies on a Municipality-wide basis. In other words, to bring into effect those policies that are not seen to be subject of the remaining Sifton appeal, all as detailed in this Decision.
7The Motion is not contested by the other Parties.
ANALYSIS AND FINDINGS
8The Tribunal confirms that it has received, reviewed and considered the Written Motion Materials filed jointly by the County and Municipality, which include the Affidavit of David Welwood marked as Exhibit 1. The Tribunal is satisfied that Mr. Welwood is qualified to give the Tribunal independent expert opinion evidence in land use planning matters.
9With respect to the Motion before it, the Tribunal accepts and relies upon the opinion evidence of Mr. Welwood that the policies and modifications recommended for consideration are consistent with PPS 2024, represent good planning and are in the public interest.
10The Tribunal does not find that there is any correlation between the issues outlined in Mr. Ruggeri’s Participant Statement and the Tribunal’s consideration of the approval of the proposed modifications set out in Mr. Welwood’s Affidavit.
11The Tribunal finds that the recommended policies and land use designation(s) have due regard for the matters of Provincial Interest as set in s. 2 of the Planning Act, are consistent with the PPS 2024, and represent good land use planning.
12Having regard to s. 2.1 of the Planning Act, the Tribunal notes that the modifications come to the Tribunal with the full support of the Municipality and County.
ORDER
13THE TRIBUNAL ORDERS THAT the appeal by Fred Jamieson is allowed in part, and Orders that Amendment No. 27 to the Official Plan for the Municipality of Thames Centre is approved as modified by deleting Policy 3.1.5 (5) in its entirety and replacing it with the following:
“3.1. ADDITIONAL RESIDENTIAL UNITS
(5) Demonstration that the Additional Residential Unit is clearly subordinate in scale and function to the primary unit and subject to any maximum floor area as set out in the zoning by-law.”
14AND THE TRIBUNAL ORDERS THAT Schedule ‘A’ Land Use Plan of Amendment No. 27 to the Official Plan for the Municipality of Thames Centre be approved as modified to designate the lands known municipally as 3124 Westchester Bourne from the Agricultural designation to the Rural Industrial designation.
15AND THE TRIBUNAL ORDERS THAT all of Sections 1.2, 1.11, 2.19, 3.1.3, 3.2.2, 3.2.4, 4.2, 4.4, 4.5, 4.6, 4.7 and 4.8 of Amendment No. 27 to the Official Plan for the Municipality of Thames Centre be approved.
16AND THE TRIBUNAL ORDERS THAT Sections 4.1.3 (1) and 4.1.3 (2) of Amendment No. 27 to the Official Plan for the Municipality of Thames Centre be approved as modified for consistency with PPS 2024 to reflect that expansions to settlement area boundaries may occur outside of a municipal comprehensive review.
17AND FURTHER THAT the appeal by Sifton Properties Limited remains adjourned sine die.
“Sharon L. Dionne”
SHARON L. DIONNE
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.