Corporation of the County of Simcoe v. Tiny (Township), 2026 CanLII 20155

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: March 05, 2026

CASE NO(S).: OLT-25-000962

PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: Corporation of the County of Simcoe

Subject: Consent

Description: To permit the creation of two single detached residential lots

Reference Number: B11/25 (DS#87483/88099)

Property Address: 389 Concession 11 E

Municipality/UT: Tiny

OLT Case No.: OLT-25-000962

OLT Lead Case No.: OLT-25-000962

OLT Case Name: Corporation of the County of Simcoe v. Tiny (Township)

Heard: February 23, 2026 by Video Hearing

APPEARANCES:

Parties

Counsel

County of Simcoe (“Appellant”)

Will Thomson Alex Freeman-Carter

Township of Tiny (“Township”)

Maryann Hunt (in absentia)

Laurie Hook and Bill Hook (“Applicant”)

Colin Léger

DECISION DELIVERED BY L.P. YOU AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This Merit Hearing was initially scheduled with respect to an appeal by the Appellant under s. 53(19) of the Planning Act, R. S. O. 1990, c. P. 13, as amended regarding the Decision of the Committee of Adjustment of the Township on approval of the consent application, which permits the creation of two residential lots on the lands municipally known as 389 Concession 11 East, in the Township. This Hearing was converted to a Case Management Conference (“CMC”) based on the request from the Parties.

2The Tribunal received the written notification from the Township that they would not attend today’s Hearing.

Service of Notice of CMC

3There is no issue with service of the Notice of this CMC and no further Notice is required.

Requests for Status

4The Tribunal received the Party status request from the Applicant and granted the status to the Applicant with consent from the Appellant at this CMC Hearing.

MEDIATION AND SETTLEMENT

5The Tribunal explored the possibility of mediation and settlement with the Parties and encouraged Parties to narrow down the scope of the issues for a future hearing. The Parties requested that the Tribunal schedule a three-day hearing to discuss the merits for the matter before the Tribunal.

PROCEDURAL ORDER AND ISSUES LIST

6The Tribunal received and reviewed a Draft Procedural Order from the Parties. The Tribunal finds it acceptable, and the proceedings shall be governed by it (see Attachment 1).

HEARING

7Upon request of the Parties, the Tribunal set a three-day hearing commencing on Monday, June 1, 2026 to Wednesday, June 3, 2026 at 10 a.m. by Video Hearing. No further Notice is required.

8Parties and/or Participants and/or Observers are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections:

Go To Meeting: https://meet.goto.com/278736685

Access Code: 278-736-685

9Parties and/or 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 GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html

10Persons 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: 1-888-455-1389 (Toll Free) or +1 (647) 497-9391. The Access Code is as indicated above.

11Individuals 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 having carriage of this case.

12As 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

13THE TRIBUNAL ORDERS that:

1. the date and particulars of the hearing are set out above.

2. the Procedural Order appended as Attachment 1 shall govern the conduct of the proceedings.

14The Member is not seized.

“L.P. You”

L.P. You

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.

ATTACHMENT 1

Procedural Order

Ontario Land Tribunal

PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended.

Applicant and Appellant: The Corporation of the County of Simcoe

Subject: Consent Description: To permit the creation of two single detached residential lots

Reference Number: B11/25 (DS#87483/88099)

Property Address: 389 Concession 11 E

Municipality/UT: Tiny

OLT Case No.: OLT-25-000962

OLT Lead Case No.: OLT-25-000962

OLT Case Name: Corporation of the County of Simcoe v. Tiny (Township)

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 June 1, 2026 at 10:00 A.M. No further notice shall be required.

3. The length of the hearing will be approximately THREE [3] 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.

4. 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.

5. 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.

6. 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.

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. 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.

9. 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

10. 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 March 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(s) of expertise in which the witness is proposed to be qualified.

11. Expert witnesses in the same field shall have a meeting on or before April 2, 2026, 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 April 7, 2026.

12. 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 12. 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.

13. 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 12. 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 12 below.

14. On or before April 17, 2026, the parties shall provide copies of their witness and expert witness statements to the other parties and to the OLT case coordinator in accordance with paragraph 22 below.

15. On or before April 17, 2026, a participant shall provide copies of their written participant statement to the other parties and the OLT case coordinator 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.

16. Parties may provide to all other parties and the OLT case coordinator a written response to any written evidence on or before April 27, 2026, in accordance with paragraph 22 below.

17. On or before April 27, 2026, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

18. On or before May 11, 2026, the parties shall provide copies of their visual evidence to all of the other parties and the OLT case coordinator 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.

19. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case coordinator on or before May 19, 2026.

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 May 25, 2026 with a proposed schedule for the hearing that identifies, at 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. So Orders the Tribunal.

SUMMARY OF DATES

DATE

EVENT

March 9, 2026

Parties to exchange lists of witnesses (names, disciplines, CVs and intended order to be called)

April 2, 2026

Meetings of Expert Witnesses

April 7, 2026

Parties to file Statements of Agreed Facts and Issues

April 17, 2026

Exchange of Witness Statements, summonsed witness outlines, Expert Reports and Participant Statements

April 27, 2026

Exchange of Reply Witness Statements

April 27, 2026

Parties to advise OLT if all scheduled hearing days are required

May 11, 2026

Exchange of visual evidence

May 19, 2026

Joint Document Book to be filed

May 25, 2026

Parties to file hearing plan

June 1, 2026

Hearing commences

Attachment 1

LIST OF PARTIES / PARTICIPANTS

Parties

1. County of Simcoe

Alex Freeman-Carter, Associate Legal Counsel County of Simcoe, Legal Services Department 1110 Highway 26 Midhurst, ON L9X 1N6

Email: alex.freeman-carter@simcoe.ca

Tel: 705-726-9300 Ext. 1657

Will Thomson, Barrister & Solicitor

Email: will@willthomson.ca Tel: 705 441 0054

2. Bill Hook

Colin Léger Garrod Pickfield LLP

9 Norwich St, W Guelph, ON N1H 2G8 Email: cleger@garrodpickfield.ca

Tel: (519) 837-0500

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.

Planning Act

1. Does the application for consent have appropriate regard to matters of provincial interest identified in section 2 of the Planning Act, R.S.O. 1990, c. P.13, as amended (the “Planning Act”)? Specifically, do the Applications have regard to the following matters of provincial interest, including but not limited to: the protection of ecological systems, including natural areas, features and functions (a); the orderly development of safe and healthy communities (h); and the appropriate location of growth and development (p).

Does the application for consent conform with section 53 (12) of the Planning Act? Specifically does it have regard to the matters under subsection 51(24), specifically 51 (24) (c) “whether the plan conforms to the official plan …”.

Provincial Planning Statement, 2024

2. Is the Application consistent with the Provincial Planning Statement, 2024, including Chapter 1 – Vision, policies 2.2.1 and 2.6.1.c).

County of Simcoe Official Plan

3. Does the Application conform to the policies of the County of Simcoe Official Plan? In particular, policies: 3.3.2, 3.7.8, 3.8.11, 3.8.15 and 3.8.21.

Township of Tiny Official Plan

4. Does the Application conform to the policies, purpose and intent of the Township of Tiny Official Plan? In particular, policies: B.2.2, B.2.3, B.2.17.9, B.8.4.2, B.8.5.2 and D.7.2.

General

5. Has a Greenlands refinement been justified per County OP policies 3.8.11 and 3.8.21 and Township OP policy B.2.17.9?

6. Are the proposed lots permitted to be created in the Greenlands designation?

7. If the Greenlands designation was refined and the Rural designation applied to the Subject Lands, would the proposed application constitute strip development as outlined in both the County OP policy 3.7.8 and the Township Official Plan policy B.8.5.2?

8. Is the woodland on the Subject Lands part of a Significant Woodland?

Attachment 3

Order of Evidence

1. County of Simcoe

2. Bill Hook

3. Reply of County of Simcoe (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.