Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 20, 2026
CASE NO(S).: OLT-25-000935 OLT-25-000947
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Fergus South Inc. (c/o Polocorp Inc./Mike Puopolo) Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision Description: To permit development of mix density residential blocks for a total of 323 units within the "Fergus South Lands" Reference Number: 23T-25003 Property Address: 968 St. David Street North Municipality: County of Wellington OLT Case No.: OLT-25-000935 OLT Lead Case No.: OLT-25-000935 OLT Case Name: Fergus South Inc. v. Wellington (County)
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Fergus South Inc. (c/o Polocorp Inc./Mike Puopolo) Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To permit development of mix density residential blocks for a total of 323 units within the "Fergus South Lands" Reference Number: OP004-2025 Property Address: 968 St. David Street North Municipality/UT: Centre Wellington/ Wellington OLT Case No.: OLT-25-000947 OLT Lead Case No.: OLT-25-000947 OLT Case Name: Fergus South Inc. v. Centre Wellington (Township)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Fergus South Inc. (c/o Polocorp Inc./Mike Puopolo) Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit development of mix density residential blocks for a total of 323 units within the "Fergus South Lands" Reference Number: RZ002-2025 Property Address: 968 St. David Street North Municipality/UT: Centre Wellington/ Wellington OLT Case No.: OLT-25-000948 OLT Lead Case No.: OLT-25-000947
Heard: February 24, 2026, by Video Hearing
APPEARANCES:
Parties Counsel
Fergus South Inc. (c/o Polocorp Inc.) Steven O’Melia
Township of Centre Wellington Peter Pickfield Colin Leger (in absentia)
Wellington County David Bronskill Cristin Hunt (in absentia)
Upper Grand District School Board Brad Teichman
MEMORANDUM OF ORAL DECISION DELIVERED BY YASNA FAGHANI ON FEBRUARY 24, 2026 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) for the above-noted matters. Fergus South Inc. (c/o Polocorp Inc.) (“Applicant”) has filed appeals against the Township of Centre Wellington’s (“Township”) failure to make a decision regarding applications pursuant to s. 22(7), Official Plan Amendment (“OPA”), and s. 34(11), Zoning By-Law Amendment (“ZBA”), of the Planning Act (“Act”) (OLT 25-000947 and OLT 25-000948).
2As well, the Applicant filed an appeal against the Township’s failure to make a decision regarding the draft plan of subdivision application pursuant to s.54 (11) of the Act (OLT-25-000935). Prior to the CMC, the Applicant requested that the Hearings be heard together and as such the CMCs were scheduled the same day.
3The Subject Property is municipally located at 968 St. David Street North in the Township (“Subject Property”). It is immediately north of the existing Fergus Settlement Area boundary in the Township of Centre Wellington, known as the “Fergus South Lands”. Counsel for the Applicant advised that the Subject Property was brought into the County of Wellington’s (“County”) settlement area through County of Wellington OPA 126, which was approved by the Minister of Municipal Affairs and Housing on November 18, 2025. There is no dispute regarding the Fergus South Lands inclusion into the settlement area.
4The Applications under appeal relate to the development of a mix of low to medium density residential blocks including single-detached homes, townhouses, medium density dwellings, and mixed-use units, which comprises a total of approximately 221 to 323 units.
AFFIDAVIT OF SERVICE
5The Tribunal received the Affidavit of Service sworn by Dawn M. Shuh dated January 27, 2026, and marked as Exhibit 1. There were no issues with the service of the Notice for the CMC, and as such, no further Notice is required. Of note, two separate Affidavits of Service were sworn by Ms. Shuh on the same date for each matter. Counsel agreed to include both Affidavits of Service under Exhibit 1.
PARTY REQUESTS
6The Tribunal received Party Status Requests from Upper Grand District School Board (“School Board”). Counsel for the School Board said that his client’s jurisdiction extends throughout the County and includes the Township. It is tasked with delivering education services to students living in the County. Counsel advised that his client does not oppose the Applications; however, if the Applications were approved, an elementary school would be required within the Subject Property. Counsel referenced provisions of the Act as well as the Provincial Planning Statement, 2024, which requires the Tribunal to consider issues related to availability of schools. Counsel submitted that his client would provide relevant information and evidence to assist the Tribunal in evaluating the Applications.
7Neither Counsel for the Applicant, County, nor Township opposed the Party Status Request. The Tribunal granted the School Board’s Party Status request because it has a key interest in the Applications and the evidence it will present will be necessary to enable the Tribunal to adjudicate the appeals effectively and completely.
MEDIATION
8The Tribunal canvassed the Parties’ interest in a Tribunal-led mediation. Counsel for the Applicant advised that his client is in favour of mediation for these appeals. He advised that the request would be to have some time to continue discussions with the Parties and to reach out to the Mediation unit for a Tribunal Mediation Assessment with the hope of starting that process. Counsel for the Township said that he was supportive of mediation; however, he did not have formal instructions at this time. He also said there is an access issue from Highway 6 which requires input from the Ministry of Transportation Ontario. He advised that his client would require some time to consult and discuss the issues with the Ministry of Transportation Ontario.
9Both counsels requested a second CMC in the future with enough lead time to discuss the necessary issues as well as to potentially explore mediation. Counsel for the Applicant requested a Tribunal directive for the Parties to provide a status update to the Tribunal between now and the halfway point of the scheduled CMC to ensure things keep moving along.
FURTHER CMC
10After hearing and considering the submissions of the Parties, the Tribunal agreed to schedule a second CMC on Wednesday, August 5, 2026, at 10 a.m. The Tribunal directed the Parties to work with each other and submit a draft Procedural Order (“PO”) and Issues List (“IL”) by Wednesday, July 29, 2026. The Tribunal tasked Counsel for the Applicant to submit the PO and IL.
11Parties 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://global.gotomeeting.com/join/765631861
Access Code: 765-631-861
12Parties 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
13Persons who experience technical difficulties accessing the GoTo Meeting application, or who only wish to listen to the event can connect to the event by calling in to an audio-only telephone line: (Toll-Free) 1-888-455-1389 or +1 (647) 497-9391. The Access Code is as indicated above.
14Individuals 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 at the correct time. Questions prior to the event may be directed to the Tribunal’s Case Coordinator.
15As 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
16The Tribunal Orders that:
a. Party Status is granted to Upper Grand District School Board;
b. The draft Procedural Order and Issues List is to be submitted by Wednesday, July 29, 2026;
c. The second Case Management Conference is scheduled to commence by Video Hearing on Wednesday, August 5, 2026 at 10 a.m.;
d. The Parties are to provide a written status update to the Tribunal regarding mediation and next steps by Monday, May 11, 2026; and
e. The Tribunal may be spoken to in the event of any issue arising from this Order.
17There is no further Notice, and the Member is not seized.
“Yasna Faghani”
Yasna Faghani
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.