Marcor Realty Ltd. v. King (Township), 2026 CanLII 22807

March 10, 2026

OLT-25-000923

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

Applicant and Appellant:

Marcor Realty Ltd.

Subject:

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

Description:

To permit a 6-storey apartment building with ninety-nine (99) residential units

Reference Number:

Z-2021-14

Property Address:

326 Main Street, Schomberg

Municipality/UT:

Township of King/York Region

OLT Case No.:

OLT-25-000923

OLT Lead Case No.:

OLT-25-000923

OLT Case Name:

Marcor Realty Ltd. v. King (Township)

Heard:

March 6, 2026, by Video Hearing

Parties

Counsel

Marcor Realty Ltd. ("Applicant" / "Appellant")

D. Bronskill

Township of King ("Township")

L. Dean T. Halinski (in absentia)

MEMORANDUM OF ORAL DECISION DELIVERED BY S. TOUSAW ON MARCH 6, 2026 AND ORDER OF THE TRIBUNAL

1This first Case Management Conference ("CMC") was held for the appeal of the Applicant to the absence of a decision by the Township on an application for a Zoning By-law Amendment. The Applicant proposes a six-storey residential building at 326 Main Street in the village of Schomberg.

2The Affidavit of Service for Notice of this CMC was marked as Exhibit 1.

3No requests for added Party status were received.

4Two requests for Participant status were received. The Tribunal, with consent of the Parties, granted Participant Status to requestors Jeffrey Boyd and Charles Cooper. The Tribunal noted the detailed and relevant content of their Participant Statements and encouraged the Parties to consider them thoroughly.

5Based on their prior discussions, the Parties jointly requested a timeline that enables counsel for the Township to receive further instruction from Township Council. The Parties anticipate filing a Procedural Order with an Issues List on consent by mid-April 2026 for the Tribunal's consideration of approval by separate Order.

6At the Parties' request, a Hearing on the Merits is scheduled for nine days by video conference, commencing on Tuesday, October 20, 2026 at 10 a.m. through Friday, October 30, 2026. No further Notice will be given.

7Parties and/or Participants and/or Observers 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/370987861

Access code: 370-987-861

8Parties 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 GoTo Meeting or a web application is available: https://app.gotomeeting.com/home.html

9Persons 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: 370-987-861.

10Individuals 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.

11As 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

12The Tribunal Orders its rulings noted above.

"S. Tousaw"

S. tousaw

VICE CHAIR

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.