Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 19, 2026
CASE NO(S).: OLT-25-000932
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Jodi Brown
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: to amend the ZBL to add medical clinic as a permitted use
Reference Number: PZ-12-25
Property Address: 133 Dufferin Ave
Municipality/UT: City of Brantford
OLT Case No.: OLT-25-000932
OLT Lead Case No.: OLT-25-000932
OLT Case Name: Brown v. Brantford (City)
Heard: March 12, 2026, via Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Jodi Brown | Jessica De Marinis |
| City of Brantford | Brian Duxbury |
MEMORANDUM OF ORAL DECISION DELIVERED a. mason on March 12, 2026 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This first Case Management Conference (“CMC”) was held in respect of an appeal filed pursuant to s. 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended, concerning the City of Brantford’s refusal of an application for a zoning by-law amendment to facilitate a proposed medical clinic at the property municipally known as 133 Dufferin Avenue, Brantford, owned by Jodi Brown.
NOTICE
2An Affidavit of Service sworn on February 18, 2026, attesting to the giving of Notice for this proceeding, was marked as Exhibit 1.
REQUESTS FOR STATUS
3No requests for Participant Status were received by the Tribunal or the Parties.
HEARING DATES
4At the request of the Parties, the Tribunal scheduled a four-day Video Hearing event commencing on Monday, July 6, 2026 to Thursday, July 9, 2026, commencing at 10 a.m.
5Parties 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://global.gotomeeting.com/join/719383509
Access code: 719-383-509
6Parties 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
7Persons 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) 497-9373 or (Toll Free) 1-888-299-1889. The access code is: 719-383-509.
8Individuals 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.
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.
PROCEDURAL ORDER
10A draft Procedural Order was circulated to the Tribunal by the Parties in advance of the CMC, and a final version was provided prior to issuance of this Decision attached hereto as Schedule 1, which shall govern the proceedings.
ORDER
11The Tribunal’s orders and directions set out above are so ordered.
12The Video Merit Hearing will commence at 10 a.m. on Monday, July 6, 2026 to Thursday, July 9, 2026.
13The Procedural Order at Schedule 1 shall govern the proceedings.
14No further Notice is required.
15The Member is not seized of this matter.
“A. Mason”
A. Mason
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.
Schedule 1
ISSUE DATE:
CASE NO(S).: OLT-25-000932
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Jodi Brown
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To amend the ZBL to add medical clinic as a permitted use
Property Address: 133 Dufferin Avenue
Municipality: Brantford, Brant
Municipal File No.: PZ-12-25
OLT Case No.: OLT-25-000932
OLT File No.: OLT-25-000932
OLT Case Name: Brown v Brantford (City)
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
The video hearing will begin on Monday, July 6, 2026 at 10:00 a.m. at _______________________.
The parties’ initial estimation for the length of the hearing is four (4) 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.
The parties and participants identified at the case management conference are set out in Attachment 1.
The issues are set out in the Issues List attached as Attachment 2. 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.
The order of evidence shall be as set out 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.
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 – ideally before the case management conference. 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.
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.
Requirements Before the Hearing
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 will be called. This list must be delivered on or before Thursday, April 23, 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 of expertise in which the witness is prepared to be qualified.
Expert witnesses in the same field shall have a meeting on or before Friday, May 8, 2026 and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before Thursday, May 21, 2026.
An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 13 below. 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.
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 evidence as in paragraph 13 below. 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.
On or before Thursday, May 21, 2026, the parties shall provide copies of their [witness and] expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 22 below.
On or before Thursday, May 21, 2026, a participant shall provide copies of their written participant statement to the other parties 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.
On or before Monday, June 8, 2026 the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
On or before Thursday, June 25, 2026, the parties shall provide copies of their visual evidence to all of the other parties 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.
Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence on or before Monday, June 8, 2026 and in accordance with paragraph 22 below.
The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before Thursday, June 25, 2026.
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.
A party who provides written evidence of a witness 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 before the hearing that the written evidence is not part of their record.
The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before Monday, June 29, 2026 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.
All filings shall be submitted electronically unless otherwise directed. 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 the Rule 7.
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.
A summary of filing dates is contained in Attachment 4.
This Member is [not] seized.
So orders the Tribunal.
BEFORE:
Name of Member:
Date:
TRIBUNAL REGISTRAR
ATTACHMENT 1
Parties & Participants
Jodi Brown TMA Law 25 Main Street West, Suite 2010 Hamilton, ON L8P 1H1 Jessica De Marinis Email: jdemarinis@tmalaw.ca Tel: 289 674 9678
City of Brantford Duxbury Law 1 King Street West, Suite 500, Hamilton, ON L8P 1A4 Brian Duxbury Email: brian@duxburylaw.ca Tel: 905 570 1242
ATTACHMENT 2
Issues List
PLEASE NOTE: The identification of an issue does not mean that all parties agree that such issue, or the manner in which the issue is expressed, is appropriate or relevant to the determination of the appeal at the hearing. The extent to which these issues are appropriate or relevant to the determination of the appeal will be a matter of evidence and argument at the hearing or the subject of a motion prior to the hearing.
Does the proposed zoning by-law amendment have appropriate regard for matters of provincial interest, as set out in section 2 of the Planning Act, and in particular subsections 2(j) and (p)?
Is the proposed zoning by-law amendment consistent with the Provincial Planning Statement, 2024, including policies:
- 2.1.6,
- 2.2.1,
- 2.3.1(2) and (3)?
- Does the proposed zoning by-law amendment conform to the City of Brantford’s Official Plan, including policies:
- 3.1,
- 3.3 (b),
- 5.1 (b, c, d, e)
- 5.2.1 (a, t, u),
- 7.1 (o, p),
- 9.2?
Does the proposed zoning by-law amendment demonstrate compatibility with surrounding land uses?
Is the removal of two rental housing dwelling units appropriate for the site?
Does the proposed zoning by-law amendment represent over development on this site?
Does the proposed zoning by-law amendment establish adequate requirements for off-street parking?
Is the layout of the proposed parking area appropriate?
Does the proposed zoning by-law amendment constitute good land use planning?
ATTACHMENT 3
Order of Evidence
- Jodi Brown
- City of Brantford
- Jodi Brown
ATTACHMENT 4
Summary of Filing Dates
| EVENT | DATE |
|---|---|
| List of Witnesses | Thursday April 23, 2026 |
| Expert Witness Meetings | Friday, May 8, 2026 |
| Agreed Statement of Facts & Remaining Issues | Thursday, May 21, 2026 |
| Witness and Expert Witness Statements | Thursday, May 21, 2026 |
| Reply Witness Statement | Monday, June 8, 2026 |
| Confirm Hearing Dates with Tribunal | Monday, June 8, 2026 |
| Visual Evidence | Thursday, June 25, 2026 |
| Joint Document Book | Thursday, June 25, 2026 |
| Hearing Plan | Monday, June 29, 2026 |
| OLT Hearing Commences | Monday, July 6, 2026 |