Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
March 16, 2026
CASE NO(S).:
OLT-24-000395
OLT-25-000634
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant
Centre West Management Ltd.
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
To permit the development of 10 townhomes
Reference Number:
Z1-23
Property Address:
4 Bank Street
Municipality/UT:
Essa/Simcoe
OLT Case No:
OLT-24-000395
OLT Lead Case No.:
OLT-24-000395
OLT Case Name:
Centre West Management Ltd. v. Essa (Township)
PROCEEDING COMMENCED UNDER subsection 53(14) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant
Centre West Management Ltd.
Subject:
Application for Consent – Failure of Approval Authority to make a decision
Description:
Severance - 3 new lots
Reference Number:
B1-25
Property Address:
4 Bank Street
Municipality/UT:
Essa/Simcoe
OLT Case No:
OLT-25-000634
OLT Lead Case No:
OLT-24-000395
PROCEEDING COMMENCED UNDER section 53(14) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant
Centre West Management Ltd.
Subject:
Application for Consent – Failure of Approval Authority to make a decision
Description:
Severance - 3 new lots
Reference Number:
B2-25
Property Address:
4 Bank Street
Municipality/UT:
Essa/Simcoe
OLT Case No:
OLT-25-000639
OLT Lead Case No:
OLT-24-000395
PROCEEDING COMMENCED UNDER section 53(14) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant
Centre West Management Ltd.
Subject:
Application for Consent – Failure of Approval Authority to make a decision
Description:
Severance - 3 new lots
Reference Number:
B3-25
Property Address:
4 Bank Street
Municipality/UT:
Essa/Simcoe
OLT Case No:
OLT-25-000640
OLT Lead Case No:
OLT-24-000395
Heard:
March 11, 2026 by Video Hearing
APPEARANCES:
Parties
Counsel
Centre West Management Ltd.
D. White
Township of Essa
P. Lombardi
MEMORANDUM OF ORAL DECISION DELIVERED BY C. HARDY ON MARCH 11, 2026 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) conducted in these proceedings before the Tribunal concerning three appeals brought by Centre West Management Ltd. (“Appellant”) pursuant to s. 53(14) of the Planning Act, R.S.O. 1990, c. P.13, as amended (“Planning Act”) relating to the Township of Essa’s (“Township”) deferral of a decision on three Consent applications (“Consents”). The Consents pertain to lands municipally known as 4 Bank Street, in the Township (“subject property”).
2This is the second CMC concerning an appeal brought by the Appellant pursuant to s. 34(11) of the Planning Act relating to the Township’s failure to make a decision on an application for a Zoning By-law Amendment (“ZBA”) relating to the subject property. On July 30, 2024, the Tribunal held the first CMC for the ZBA appeal where the Tribunal granted Participant status to Melissa Millerson, Jessica Salituri, Lawrence Hou and Tony Bucci. The Tribunal also scheduled a two-day Merit Hearing, which was subsequently adjourned.
PRELIMINARY MATTERS
3The Tribunal confirmed with Counsel that there were no known issues with service of Notice of the CMC and as such, no further notice is required.
4The Parties jointly requested the consolidation of the ZBA appeal (OLT-24-000395) with the three consent appeals (OLT-25-000634, OLT-25-000639 and OLT-25-000640). Following a brief overview from counsel for the Appellant, the Tribunal ordered the consolidation of the four appeals pursuant to Rule 16 of the Tribunal’s Rules of Practice and Procedure.
5In advance of the CMC, the Tribunal did not receive any status requests, and no individuals or entities were present at the CMC requesting status in the proceedings. For clarity, the Participants listed in paragraph [2] above have status as Participants in the consolidated proceedings.
NEXT STEPS
6The Parties jointly advised the Tribunal that they have reached an agreement in principle and are in the process of finalizing settlement documentation to present to the Tribunal for consideration. In answer to the Tribunal’s inquiry, the Parties confirmed that in reaching a settlement in principle, the original Consents had been revised to address concerns raised by the Township and the Participants, among others. Counsel for the Township explained that the Township is supportive of the revised applications given that the impacts resulting from the original applications have been significantly reduced. After consideration of the submissions of counsel, the Tribunal determined that the amendments to the Consents are minor given that the revisions have reduced impacts and addressed various concerns raised with the original applications. For these reasons, pursuant to s. 53(35.1) of the Act, the Tribunal determined that no further written notice of the revised Consents is required.
7The Parties were content that the hearing to consider the settlement proceed as a Written Hearing without the necessity of a virtual appearance. The Tribunal agreed and set Friday, April 10, 2026, as a Written Hearing date to consider the settlement proposal.
8In advance of the Written Hearing, the Tribunal directed the Parties to submit all required materials, including:
an Affidavit of a planning expert in support of the settlement which demonstrates the proposal’s compliance with the legislative framework and includes consideration of the concerns raised by the Participants;
signed Acknowledgement of Expert’s Duty;
Curriculum Vitae of the planning expert;
draft Order; and
stand-alone copies of any draft instruments which are before the Tribunal for approval.
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 Zoning By-law Amendment and Consent appeals bearing Tribunal File Nos. OLT-24-000395, OLT-25-000634, OLT-25-000639 and OLT-25-000640 are hereby consolidated and will proceed under Tribunal File No. OLT-24-000395.
11For the reasons set out above, the Tribunal is satisfied that pursuant to s. 53(35.1) of the Planning Act, the revisions to the original Consent applications are minor and require no further notice.
12All other case management directives above are so ordered.
“C. Hardy”
c. hardy
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.