The Development Squad GP Inc. v. Welland (City), 2026 CanLII 20152

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: March 06, 2026

CASE NO.: OLT-25-000994

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: The Development Squad LP and The Development Squad GP Inc.

Subject: Request to amend the Official Plan – Failure to adopt the requested amendment

Description: To permit 3 high-rise residential buildings ranging from 8 to 16 storeys with commercial uses at grade and two stacked townhouse blocks

Reference Number: OPA 49

Property Address: 418, 424, 430 Aqueduct Street and 650, 656, 664, 670, 678 Niagara Street

Municipality/UT: City of Welland/Niagara

OLT Case No.: OLT-25-000944 OLT Lead Case No.: OLT-25-000944

OLT Case Name: The Development Squad GP Inc. v. Welland (City)

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: The Development Squad LP and The Development Squad GP Inc.

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description: To permit 3 high-rise residential buildings ranging from 8 to 16 storeys with commercial uses at grade and two stacked townhouse blocks

Reference Number: ZBA 2024-01

Property Address: 418, 424, 430 Aqueduct Street and 650, 656, 664, 670, 678 Niagara Street

Municipality/UT: City of Welland/Niagara

OLT Case No.: OLT-25-000945 OLT Lead Case No.: OLT-25-000944

BEFORE: C. I. MOLINARI MEMBER

Tuesday, the 24th day of February, 2026

UPON APPEAL brought by The Development Squad LP and The Development Squad GP Inc. regarding the refusal by the City of Welland of Official Plan Amendment and Rezoning applications to facilitate the development of three residential high-rise buildings on the properties located at 418, 424, 430 Aqueduct Street and 650, 656, 664, 670, 678 Niagara Street in the City of Welland;

THIS MATTER having come before the Ontario Land Tribunal (“Tribunal”) for a Case Management Conference on Tuesday, February 24, 2026, held by video hearing, and attended by those listed in Schedule 1;

AND THE TRIBUNAL having marked as Exhibit 1 the Affidavit of Service attesting to proper notice having been given for this CMC;

AND THE TRIBUNAL having granted Party status to Fox Estate Residents – The Talosi Group;

AND THE TRIBUNAL having granted Participant status to Pasquale Rocca and Kiron Bondale;

AND THE TRIBUNAL having confirmed the Parties’ awareness of, and interest in, Tribunal-led mediation and awareness of the option for a written hearing if a settlement is reached;

AND THE TRIBUNAL having scheduled a merit hearing of seven (7) days to proceed from Thursday, October 22, 2026 at 10 a.m. to Friday, October 30, 2026, by video hearing:

GoTo Meeting: https://meet.goto.com/278736685

Access code: 278-736-685

Parties and Participants and/or Observers 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 GoToMeeting 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) 497-9391 or (Toll Free) 1-888-455-1389. The access code is: 1-888-455-1389.

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.

THE TRIBUNAL ORDERS THAT:

1. Party status is granted to Fox Estate Residents – The Talosi Group;
2. Participant status is granted to Pasquale Rocca and Kiron Bondale;
3. A Merit Hearing will be held by video hearing as scheduled above;
4. The Procedural Order appended as Schedule 2 is approved and shall govern the conduct of the proceedings;
5. No further notice is required; and
6. The Member is not seized of this matter but remains available to assist with case management, 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.

Schedule 1

CMC Attendance List

Party Name	Counsel
The Development Squad LP and The Development Squad GP Inc.	Liam Valgardson Meaghan McDermid (in absentia)
City of Welland	Callum Shedden
Fox Estate Residents – The Talosi Group	Tom Hanrahan

Schedule 2

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

CASE NO/S.: OLT-25-000944

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended.

Applicant/Appellant: The Development Squad LP and The Development Squad GP Inc.

Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To permit 3 high-rise residential buildings ranging from 8 to 16 storeys with commercial uses at grade and two stacked townhouse blocks

Reference Number: OPA 49

Property Address: 418, 424, 430 Aqueduct Steet and 650, 656, 664, 670, 678 Niagara Street

Municipality/UT: City of Welland/Niagara

OLT Case No.: OLT-25-000944 OLT Lead Case No.: OLT-25-000944

OLT Case Name: The Development Squad GP Inc. v. Welland (City)

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended.

Applicant/Appellant: The Development Squad LP and The Development Squad GP Inc.

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit 3 high-rise residential buildings ranging from 8 to 16 storeys with commercial uses at grade and two stacked townhouse blocks

Reference Number: ZBA 2024-01

Property Address: 418, 424, 430 Aqueduct Steet and 650, 656, 664, 670, 678 Niagara Street

Municipality/UT: City of Welland/Niagara

OLT Case No.: OLT-25-000945 OLT Lead Case No.: OLT-25-000944

PROCEDURAL ORDER

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

1. The video hearing will begin on Thursday, October 22, 2026, at 10:00 A.M., and is scheduled until Friday, October 30, 2026. No further notice shall be required.

2. The length of the hearing will be approximately 7 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.

3. The parties and participants (see Attachment “4” for the meaning of these terms) identified at the Case Management Conference are listed in Attachment “1” to this Order.

4. The issues for the hearing are set out in the Issues List attached as Attachment “2” 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, except if the Issues List is modified on consent of the parties, through mediation or pursuant to a settlement between the parties.

5. The order of evidence for the hearing is listed 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.

6. 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. 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.

7. 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.

8. A party, participant, or witness who intends to submit document(s) to the Tribunal must include a declaration within each submitted document if generative AI was used to create or generate content. A declaration is not required if AI was used to merely suggest changes, provide recommendations, or critique content already created by a human who then considered and manually implemented the changes.

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 are intended to be called. This list must be delivered on or before June 26, 2026 (118 days before the start of the hearing), and in accordance with paragraph 23 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area(s) of expertise in which the witness is proposed to be qualified.

10. Expert witnesses in the same field shall have a meeting on or before July 23, 2026 (91 days before the start of the hearing), to try to resolve or reduce the issues for the hearing. Following the experts’ meeting, a Statement of Agreed Facts and Issues shall be filed with the OLT case coordinator on or before August 6, 2026 (77 days before the start of the hearing).

11. An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, and any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 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.

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 anticipated evidence as in paragraph 13. 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 August 20, 2026 (63 days before the start of the hearing), the parties shall provide copies of their witness and expert witness statements to the other parties and to the OLT case coordinator and in accordance with paragraph 23 below.

14. On or before August 20, 2026 (63 days before the start of the hearing), a participant shall provide copies of their written participant statement to the other parties and the OLT case coordinator in accordance with paragraph 23 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 September 17, 2026 (at least 35 days before the start of the hearing), the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

16. Parties may provide to all other parties and the OLT case coordinator a written response to any written evidence on or before September 18, 2026 (34 days before the start of the hearing), and in accordance with paragraph 23 below.

17. On or before October 1, 2026 (21 days before the start of the hearing), the parties shall provide copies of their visual evidence to all of the other parties and the OLT case coordinator in accordance with paragraph 23 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 coordinator on or before October 8, 2026 (14 days before the start of the hearing).

19. Any documents which may be used by a party in cross examination of an opposing party’s witness shall be password protected and only be accessible to the Tribunal and the other parties if it is introduced as evidence at the hearing, pursuant to the directions provided by the OLT case coordinator. The parties may also introduce documents to be used during cross-examination at the hearing.

20. 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.

21. A party who provides a witness’ written evidence or expert witness statement 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 prior to the hearing that the written evidence is not part of their record.

22. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before October 15, 2026 (7 days before the start of the hearing) 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.

23. All filings shall be electronic and, if requested by the Tribunal, also in hard copy. 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 Rule 7.

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.

This Member is not seized.

SUMMARY OF DATES

DATE	EVENT
Friday, June 26, 2026	Parties to exchange lists of witnesses (names, disciplines, CVs and intended order to be called)
Thursday, July 23, 2026	Meetings of Expert Witnesses
Thursday, August 6, 2026	Parties to file Statements of Agreed Facts and Issues
Thursday, August 20, 2026	Exchange of Witness Statements, summonsed witness outlines, Expert Reports and Participant Statements
Thursday, September 17, 2026	Parties to advise OLT if all scheduled hearing days are required
Friday, September 18, 2026	Exchange of Reply Witness Statements
Thursday, October 1, 2026	Exchange of visual evidence
Thursday, October 8, 2026	Joint Document Book to be filed
Thursday, October 15, 2026	Parties to file hearing plan
Thursday, October 22, 2026	Hearing commences

Attachment 1

LIST OF PARTIES / PARTICIPANTS

PARTIES

1. The Development Squad LP and The Development Squad GP Inc. Meaghan McDermid and Liam Valgardson Davies Howe LLP The Tenth Floor 425 Adelaide Street West Toronto, ON M5V 3C1 Email: meaghanm@davieshowe.com and liamv@davieshowe.com Tel: 416-977-7088

2. City of Welland Callum Shedden Daniel & Partners LLP 300 B Fourth Avenue, First Floor St. Catharines, ON L2S 0E6 Email: sheddenc@niagaralaw.ca Tel: 905-688-9411

3. Fox Estates Residents – The Talosi Group. Thomas G. Hanrahan Sullivan Mahoney LLP 40 Queen Street St. Catharines, ON L2R 5G3 Email: thanrahan@sullivan-mahoney.com Tel: 905-688-0494

PARTICIPANTS

Kiron Bondale Email: kdbondale@gmail.com

Pasquale Rocca Email: patarocca@gmail.com

Attachment 2

ISSUES LIST

The identification of an issue on this list does not mean that all parties agree that the issue, or the manner in which it is expressed, is appropriate for or relevant to the proper determination of the appeals. The extent of the appropriateness and/or relevance of the issue may be a matter of evidence and/or argument at the hearing.

Issues List

1. Do the proposed Official Plan Amendment and Zoning By-law Amendment have regard for matters of Provincial interest set out in s.2 of the Planning Act, including ss. 2 (a), (e), (f), (h), (k), (p), (q), (r), and (s)?

2. Are the proposed Official Plan Amendment and Zoning By-law Amendment consistent with the Provincial Planning Statement, 2024, including ss. 2.1.4, 2.1.6, 2.2.1, 2.3.1, 2.4.1, 2.8.1.1, 2.9.1, 6.1.6, 6.1.12, and 6.2.1?

3. Do the proposed Official Plan Amendment and Zoning By-law Amendment conform to the Region of Niagara Official Plan (2022), including ss. 2.2 (Objectives), 2.2.1.1, 2.2.2.1, 2.2.2.5, 2.2.2.6 and Table 2-2, 2.2.2.7, 2.2.2.8, 2.2.2.10, 2.3 (Objectives), 2.3.1.1, 2.3.1.4, 3.5.3.1 a., 4.5.2.1 a., 6.2.1.1, 6.2.1.2, 6.2.1.3, and 6.2.1.6?

4. Except as proposed to be amended, do the proposed Official Plan Amendment and Zoning By-law Amendment conform with the City of Welland Official Plan (2019), including ss. 2.3.2, 2.5.2 vi. and vii., 3.2, 3.3.2, 3.4.4.1.C, 3.4.4.1.D, 3.4.4.1.E, 3.4.4.1.F, 4.2.1, 4.2.2.1, 4.2.2.4, 4.2.3.6, 4.2.3.7, 4.2.3.8, 4.2.3.17, 4.2.3.18, 6.4.2.2.D, and 7.15.1.1?

5. Do the proposed Official Plan Amendment and Zoning By-law Amendment have appropriate regard to the emerging policy direction in the City’s draft Official Plan update, including ss. 2.3.2, 2.5.2 vi. and vii., 3.2, 3.3.2, 3.4.4.1.2, 3.4.4.1.3, 3.4.4.1.4, 3.4.4.1.5, 4.2.1, 4.2.2.1, 4.2.2.4, 4.2.3.6, 4.2.3.7, 4.2.3.14, 9.3.2.5, 10.2.3.3, 10.2.3.4, 10.2.3.5, 10.3.2.2, and 14.15?

6. Is the height, density and built form proposed in the Official Plan Amendment and Zoning By-law Amendment appropriate for the subject site and compatible with surrounding uses?

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

8. Does the proposed development result in unacceptable traffic and transportation impacts?

Attachment 3

Order of Evidence

1. The Development Squad LP and The Development Squad GP Inc.
2. City of Welland
3. Fox Estates Residents – The Talosi Group.
4. Reply of The Development Squad LP and The Development Squad GP Inc. (if any)

Attachment 4

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.