Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 27, 2026
CASE NO(S).: OLT-25-000914
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: 3317 White Oak Road Inc.
Subject: Request to amend the Official Plan – Refusal of request
Description: To permit the development of high-density, mixed-use buildings along with stacked townhouses
Reference Number: OZ-25088 (London Official Plan)
Property Address: 3317 White Oak Road
Municipality/UT: London/Middlesex
OLT Case No.: OLT-25-000914
OLT Lead Case No.: OLT-25-000914
OLT Case Name: 3317 White Oak Road Inc. v. London (City)
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Subject: Request to amend the Official Plan – Refusal of request
Description: To permit the development of high-density, mixed-use buildings along with stacked townhouses
Reference Number: OZ-25088 (Southwest Area Secondary Plan)
Property Address: 3317 White Oak Road
Municipality/UT: London/Middlesex
OLT Case No.: OLT-25-000915
OLT Lead Case No.: OLT-25-000914
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Subject: Application to amend the Zoning By-law – Refusal of application
Description: To permit the development of high-density, mixed-use buildings along with stacked townhouses
Reference Number: OZ-25088
Property Address: 3317 White Oak Road
Municipality/UT: London/Middlesex
OLT Case No.: OLT-25-000916
OLT Lead Case No.: OLT-25-000914
Heard: February 19, 2026, by Video Hearing
APPEARANCES:
Parties
Counsel
3317 White Oak Road Inc.
P. Lombardi
City of London
A. Hovius
Cloverdale Paint Inc.
M. McDermid
MEMORANDUM OF ORAL DECISION DELIVERED BY S. deBOER ON FEBRUARY 19, 2026, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision arises from the first Case Management Conference (“CMC”) held in preparation for the appeals by 3317 White Oak Road Inc. (“Appellant”) due to the City of London’s (“City”) refusal of the Official Plan Amendment Application (“OPA”) and the Zoning By-law Amendment Application (“ZBA”) (together “Applications”) for the property municipally known as 3317 White Oak Road (“Subject Lands”).
BACKGROUND
2The purpose of the Applications would permit the development of two high-density, mixed-use buildings. The first building would be built to a height of 14 storeys, and the second building would be built to a height of 16 storeys with three levels of above-grade parking. The Applications would also permit 192 stacked townhouses to be built on the Subject Lands with at-grade parking.
3The Applications were presented to City Council and refused on October 24, 2025. The Appellant filed an appeal of the City’s decision within the statutory appeal period.
AFFIDAVIT OF SERVICE
4The Tribunal received an Affidavit of Service by Tyra Ward, dated January 16, 2026, and a supplementary Affidavit of Service by Tyra Ward, dated January 16, 2026. After review of the Affidavits of Service, the Tribunal ruled that the supplementary Affidavit of Service was complete and correct. The Tribunal marked the supplementary Affidavit of Service as Exhibit 1 to the CMC and ruled that no further Notice would be necessary.
PARTY REQUESTS
5Prior to the CMC, the Tribunal received one Party request from Cloverdale Paint Inc. The Tribunal reviewed the Party request with the other Parties. As Cloverdale Paint Inc. is located adjacent to the Subject Lands, the Tribunal ruled that Cloverdale Paint Inc. had an interest in the proposal pertaining to the Subject Lands. The Tribunal approved Cloverdale Paint Inc. to be a Party to the matter. There were no further Party or Participant requests at the CMC.
OPPORTUNITIES FOR RESOLUTION
6The Tribunal asked the Parties about Tribunal-led resolution concerning the issues in this matter. The Parties stated that they were aware of Tribunal-led mediation, but the Parties are not at a stage where there is a need for this to occur.
PROCEDURAL ORDER AND ISSUES LIST
7The Tribunal received a draft Procedural Order and Issues List from the Parties prior to the CMC. The Tribunal reviewed the Procedural Order with the Parties and approves of its contents. The Procedural Order found under Schedule 1 will be used to govern all the events leading up to, and including, the hearing event.
SCHEDULING OF HEARING
8Based on the discussions with the Parties, the Tribunal has scheduled 12-day hearing for January 11, 2027. The Tribunal will not be sitting on January 21, 22, or 25, 2027. The last scheduled hearing date will be January 29, 2027.
9The 12-day hearing is scheduled to proceed by video on Monday, January 11, 2027, at 10 a.m.
10Parties 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/692665589
Access code: 692-665-589
11Parties 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
12Persons 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: 692-665-589.
13Individuals 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.
14As 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
15The Tribunal orders its directions above. The Member is not seized but may be spoken to, schedule permitting.
“S. deBoer”
S. deBOER
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
CASE NO(S).: OLT-25-000914
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: 3317 White Oak Road Inc.
Subject: Request to amend the Official Plan – Refusal of request
Description: To permit the development of high-density, mixed-use buildings along with stacked townhouses
Reference Number: OZ-25088 (London Official Plan)
Property Address: 3317 White Oak Road
Municipality/UT: London/Middlesex
OLT Case No.: OLT-25-000914
OLT Lead Case No.: OLT-25-000914
OLT Case Name: 3317 White Oak Road Inc. v. London (City)
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Subject: Request to amend the Official Plan – Refusal of request
Description: To permit the development of high-density, mixed-use buildings along with stacked townhouses
Reference Number: OZ-25088 (Southwest Area Secondary Plan)
Property Address: 3317 White Oak Road
Municipality/UT: London/Middlesex
OLT Case No.: OLT-25-000915
OLT Lead Case No.: OLT-25-000914
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Subject: Application to amend the Zoning By-law – Refusal of application
Description: To permit the development of high-density, mixed-use buildings along with stacked townhouses
Reference Number: OZ-25088
Property Address: 3317 White Oak Road
Municipality/UT: London/Middlesex
OLT Case No.: OLT-25-000916
OLT Lead Case No.: OLT-25-000914
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, January 11, 2027, starting at 10:00 a.m. The scheduled hearing dates include January 11 to 15, 18 to 20, 26 to 29.
The Parties’ initial estimation for the length of the hearing is twelve (12) days ending on January 29, 2027. 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 next Hearing event. 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 Friday, June 12, 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 Monday, July 27, 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 an updated Statement of Agreed Facts and Issues with the OLT Case Coordinator on or before Friday, August 7, 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 Friday, October 23, 2026, the Parties shall provide copies of their witness and expert witness statements to the other Parties and to the OLT Case Coordinator and in accordance with paragraph 22 below.
On or before Friday, October 16, 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 Friday, November 13, 2026, the Parties shall provide copies of any reply expert witness statements to the other Parties and to the OLT Case Coordinator and in accordance with paragraph 22 below.
On or before Tuesday, August 25, 2026, the Parties shall confirm with the Tribunal if all of the reserved hearing dates are still required.
On or before Friday, December 4, 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.
The Parties shall cooperate to prepare a joint document book which shall be shared with the OLT Case Coordinator on or before Friday, December 11, 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 Friday, December 4, 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 and hard copies provided upon request of the Tribunal or Party. 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 Tribunal’s 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.
This Member is not seized.
So Orders the Tribunal.
SUMMARY OF DATES
DATE
EVENT
Friday, June 12, 2026
Exchange of witness lists (names, disciplines and order to be called)
Monday, July 27, 2026
Experts meeting prior to this date
Friday, August 7, 2026
Agreed Statement of Facts
Tuesday, August 25, 2026
Confirmation of Hearing Dates Required
Friday, October 16, 2026
Participant Statements due
Friday, October 23, 2026
Exchange of Witness Statements, summoned witness outlines, and Expert Reports
Friday, November 13, 2026
Exchange of Reply Expert Witness Statements
Friday, December 11, 2026
Finalize Joint Document Book
Friday, December 4, 2026
Exchange of Visual Evidence (if any)
Friday, December 4, 2026
Preliminary Hearing Plan filed with the Tribunal
Monday, January 11, 2027
Hearing commences (12 days) - January 11 to 15, 18 to 20, 26 to 29
ATTACHMENT 1
LIST OF PARTIES
PARTY
COUNSEL
City of London
The Corporation of the City of London 300 Dufferin Avenue London, Ontario Aynsley Hovius, Senior Legal Counsel Tel: 519.639.7408 Email: ahovius@london.ca
3317 White Oak Road Inc.
Siskinds LLP 275 Dundas Street, Unit 1 London, Ontario N6B 3L1 Paula Lombardi Tel: 519.660.7878 Email: paula.lombardi@siskinds.com
Cloverdale Paint Inc.
Davies Howe LLP The Tenth Floor 425 Adelaide Street West Toronto, Ontario M5V 3C1 Megahan McDermid Tel: 416.977.7088 Email: meaghanm@davieshowe.com
ATTACHMENT 2 ISSUES LIST
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 Tribunal at the hearing. The extent to which these issues are appropriate or relevant to the determination of the Tribunal at the hearing will be a matter of evidence and argument at the hearing.
Does the Official Plan Amendment and Zoning By-law Amendment applications (the “Amendments”) have regard to the following matters of provincial interest under sections 2(f), 2(g), 2(h), 2(j), 2(n), 2(o), 2(p), 2(q), 2(r), and 3(5) of the Planning Act?
Are the Amendments consistent with the Provincial Planning Statement 2024 including policies 2.1, 2.2.1, 2.3.1, 2.3.1.2, 2.4.1, 2.4.1.2, 2.4.1.3., 2.8.1.1, 2.8.1.2, 2.8.1.3, 2.8.1, 2.8.2, 2.9.1, 3.1, 3.2, 3.3, 3.5.1, 3.5.2, 3.6.1, 3.6.2, 3.6.8, 3.9.1, 4.1, 4.2 and 4.6, 5.1.1?
Do the Amendments conform with the following policies set out in The London Plan:
a. 6, 7, 9, 12, 13 and 21 Chapter 1 (Our Challenge);
b. 26 and 43 (Interpretation Policies);
c. 55, 59, 60, 61, 62 (Key Direction and Strategies)
d. 64 (Planning for Growth and Change);
e. 72 (Urban Growth Boundary);
f. 79, 80, 81, 83, 84, 85, and 86 (Intensification);
g. 88, 89, 90, 91, and 92 (Primary Transit Area); 107 and 108 (Street Network);
h. 114 to 117 (Subwatersheds);
i. 127 (Strategic Growth Areas)
j. 136 to 139 (Employment Lands);
k. 151 (Secondary Plans);
l. 170, 172 and 174 (Growth Servicing and Financing Growth Servicing);
m. 177, 178, 190, 191, 193, and 194 (Growth Management Financing);
n. 197, 199, 202 and 204 (Character);
o. 212, 213, 216, 218, 219 and 220 (Street Network);
p. 221, 222A, 223, 226, 228, 229, 231 to 241 (Streetscapes);
q. 252 to 261, 266, 268 and 269 (Site Layout);
r. 270 to 273 and 275 to 283 (Parking);
s. 284 to 293, 295 to 298, and 300 (Buildings);
t. 301 to 304 (Materials); 309, 312, 313, 338 (Transit);
u. 346 to 351, 357 and 358 (Active Mobility);
v. 368 and 369 (Parking);
w. 371 and 372 (Streets);
x. 401 (Plant More), 410 (How Are We Going to Achieve This?), 453, 457, 465, 466 (Policies for All Infrastructure), 473 (Sanitary Sewage Infrastructure), 474 (Water Services), 475 (Storm Drainage and Stormwater Management), 505, 508 (Creating Housing Opportunities), 611, 616 to 618 (Archeological Resources), 727, 729 (Green Development), 754 (Zoning On Individual Sites), 789 (General Framework), 791, 792 (Framework of Heights), 916 to 929 (Neighbourhoods), 935 (Intensity), 936 (Form), 937 (Residential Intensification in Neighbourhoods), 938 to 940 (Forms of Residential Intensification), 949, 950 (Site Plan Approval for Intensification Proposals), 952 (Public Site Plan Approval Process), 953 (Additional Urban Design Considerations for Residential Intensification), 1107 (Role Within the City Structure), 1110 (Light Industrial Place Type), 1115 (Permitted Uses in Light Industrial Place Type), 1121 to 1123 (Transition from Industrial Uses), 1128, 1129 (Planning and Development Applications), 1573 (Growth Financing), 1576 (Planning and Development Applications – Definition), 1577 to 1579 (Evaluation Criteria for Planning and Development Applications), 1582, 1583, 1585 (Reports and Studies), 1589, 1590 (Reports / Studies to Address Environmental and Natural Heritage Matters), 1591, 1592, 1593 (Reports / Studies to Address Transportation and Mobility Matters), 1594, 1595 (Reports / Studies to Address Servicing and Infrastructure Matters), 1604, 1605 (Reports / Studies to Address Nuisance and Hazard Matters), 1611 (Record of Pre-Application Consultation), 1612 (Application Information Requirements), 1613 (Concurrent Application Provisions), 1614 (Electronic Submissions), 1615, 1616 (Public Engagement and Notice), 1619 (Public Meetings and Notices), 1620 (Statutory Public Meeting(s)), 1623 (Timing of Notices), 1638, 1640, 1641 (Zoning to the Maximum Height), 1729 to 1734 (Specific Area Policies), 1759 to 1761 (Alternative Requirement), 1791 (Official Plan Monitoring).
y. Table 10 (Neighbourhoods Place Type Permitted Uses)
z. Table 11 (Range of Permitted Heights in the Neighbourhoods Place Type)
- Do the Amendments conform with the following policies set out in the Southwest Area Secondary Plan (the “SWAP”):
a. 1.3 - Principles 1 to 5,
b. 2.0 – Community Structure Plan,
c. 3.2 - Sustainable / Green Development Principles,
d. 3.4 – Community Parkland and Trail Network,
e. 3.5 – Parkland Dedication,
f. 3.6 – Natural Heritage,
g. 3.8 – Transportation,
h. 3.9 – Urban Design,
i. 4.1 – Residential,
j. 11.0 – 11.2 – North Talbot and North Longwoods Neighbourhood,
k. 16.3 – Official Plan Amendments,
l. 16.4 – Zoning,
m. 16.8 – Achieving Minimum Residential Density,
n. 16.10 – Complete Applications, and
o. 16.11 – Urban Design Policies
Do the Amendments provide an appropriate level of height, density and intensification for the subject lands?
Does the proposed Zoning By-law Amendment sufficiently regulate matters of built form including height, density, massing, scale, setbacks, lot coverage, and landscaping having regard for the site, adjacent properties and the character of the surrounding lands?
Is the proposed residential unit mix appropriate, having regard to considerations such as affordability and tenure?
Does the MECP D-Series Guidelines apply to the proposed development, and if so, do the Amendments have appropriate regard for the MECP D-Series guidelines?
Does the proposed development represent an overdevelopment of the Subject Land?
Are the Amendments appropriate, represent good land use planning, and in the public interest, in consideration of the Planning Act, Provincial Planning Statement (2024), The London Plan, Southwest Area Secondary Plan, and City of London Zoning By-law Z.-1?
ATTACHMENT 3: Order of Evidence
General Order of Evidence (subject to refinement in final hearing plan):
(a) Applicant / Appellant - 3317 White Oak Road Inc.
(b) Cloverdale Paint Inc.
(c) City of London
(d) Applicant / Appellant in Reply - 3317 White Oak Road Inc.