The Trident Members Inc. v. Hastings (County), 2026 CanLII 28963

ISSUE DATE: March 26, 2026

CASE NO(S).: OLT-25-000357

PROCEEDING COMMENCED UNDER subsection 51(48) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: The Trident Members Inc.

Subject: Change of Conditions of approval of draft plan of subdivision

Description: Appeal for change of condition lapsing

Reference Number: 12T-96-005

Property Address: Part of Lots 12, 13 and 14, Concession 4, Township of Limerick

Municipality/UT: Limerick/Hastings

OLT Case No.: OLT-25-000357

OLT Lead Case No.: OLT-25-000357

OLT Case Name: The Trident Members Inc. v. Hastings (County)

PROCEEDING COMMENCED UNDER subsection 51(48) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: The Trident Members Inc.

Subject: Change of Conditions of approval of draft plan of subdivision

Description: Appeal for change of condition lapsing

Reference Number: 12CD-2005-10

Property Address: Part of Lots 12, 13 and 14, Concession 4, Township of Limerick

Municipality/UT: Limerick/Hastings

OLT Case No.: OLT-25-000358

OLT Lead Case No.: OLT-25-000357

Heard: March 25, 2026 by video hearing

APPEARANCES:

Parties

Counsel

The Trident Members Inc. ("Applicant/Appellant")

Noah Gordon

County of Hastings ("County")

Jennifer Savini

MEMORANDUM OF ORAL DECISION DELIVERED BY D. CHIPMAN ON MARCH 25, 2026 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1The Tribunal convened a second Case Management Conference ("CMC") in respect of the appeal ("Appeal") filed by The Trident Members Inc. pursuant to s. 51(48) of the Planning Act, ("Act") on the County’s passing of an amendment to the Conditions of Approval ("Conditions") on the approved draft Plan of Subdivision ("PoS") and Common Elements Condominium. The Subject Lands are municipally known as Part of Lots 12, 13 and 14, Concession 4, Township of Limerick, County of Hastings.

2The Appellant appealed the amendment to the Conditions related to road construction and whether the County acted judicially or reasonably when changing a condition under s. 51(44) of the Planning Act; whether the County had jurisdiction to impose a new lapsing provision; and whether the six-month lapsing provision is reasonable, relevant, necessary or equitable.

MEDIATION

3The Tribunal reminds the Parties that Tribunal-led mediation information can be obtained through the Case Coordinator.

THIRD CMC

4The Tribunal heard that the Parties have been actively engaging in positive discussions to resolve the outstanding issues with the hope of returning to the Tribunal with a Settlement. In order to do so, the Parties requested a third CMC in two months’ time to allow sufficient time to work to a resolution. Should a resolution not be attained, the Parties are directed to provide a revised Procedural Order and Issues List 10 days in advance of the next CMC for the Tribunal’s consideration and attend the next CMC prepared to identify possible dates for a contested hearing.

5The Tribunal directs that a third CMC will commence on Monday, May 25, 2026, at 10 a.m. by video hearing. Coordinates for the CMC can be found below.

6Parties are asked to log in to the Video Hearing at least 15 minutes before the start of the event to test their video and audio connections. Parties and 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:

Video Hearing Link: https://global.gotomeeting.com/join/709076365

Video Access Code: 709-076-365

7Persons 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) 299-1889 or +1 (647) 497-9373. The Access Code is indicated above.

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 Video Hearing 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.

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.

ORDERS

10THE TRIBUNAL ORDERS its directions as set out in this Decision.

11This Member remains available to assist with the case management of this proceeding, subject to the Tribunal’s calendar.

12This Member is seized.

13No further notice will be given.

"D. Chipman"

D. CHIPMAN

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.