Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: March 30, 2026 CASE NO(S).: OLT-24-001229

PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant/Appellant: Worldwide Properties (Alliston) Inc. Subject: Site Plan Description: To facilitate the development of two buildings as additional commercial buildings with new Retail spaces Reference Number: D11-AL-177 Property Address: 17-37 Young Street Municipality/UT: Town of New Tecumseth/Simcoe County OLT Case No.: OLT-24-001229 OLT Lead Case No: OLT-24-001229 OLT Case Name: Worldwide Properties (Alliston) Inc. v. New Tecumseth (Town)

Heard: March 6, 2026, by Video Hearing

APPEARANCES:

Parties	Counsel/Representative*
Worldwide Properties (Alliston) Inc.	A. Skinner, S. Doyle*
Town of New Tecumseth	J. Feehely

MEMORANDUM OF ORAL DECISION DELIVERED BY S. deBOER ON MARCH 06, 2026 AND ORDER OF THE TRIBUNAL

1This was the sixth Case Management Conference (“CMC”) held with respect to an appeal pursuant to subsection 41(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, by Worldwide Properties (Alliston) Inc. (“Appellant”) pertaining to the failure of the Town of New Tecumseth (“Town”) to approve the plans or drawings within the statutory timelines as required for the lands municipally known as 17-37 Young Street.

PROCEDURAL ORDER AND ISSUES LIST

2Prior to the CMC, the Tribunal had received an updated Procedural Order and Issues List from the Parties. The Parties asked for more time to submit the final Procedural Order as there are still preliminary discussions occurring which is intended to reduce the total number of issues. The Parties requested that the final Procedural Order be submitted by March 20, 2026. Due to the first dates in the Procedural Order proposed as being April 7, 2026, the Tribunal ruled that the final Procedural Order be received by the Tribunal no later than March 18, 2026.

OPPORTUNITIES FOR RESOLUTION

3The Tribunal noted to the Parties that, even though they are working collaboratively on resolving some or all of the issues, Tribunal-led mediation is still available. The Parties stated that they are aware of Tribunal-led mediation and if it is necessary, they would contact the Case Coordinator to advance this option.

NEXT HEARING EVENT

4Since the time of this CMC, the Parties had submitted the updated Procedural Order and Issues List. The Tribunal has reviewed the Procedural Order and approves of its contents. The Procedural Order attached as Schedule 1 to this Decision will govern the proceedings up to and including the previously scheduled Hearing event beginning on Tuesday, May 12, 2026.

5The coordinates for the Hearing event scheduled to begin at 10 a.m. on Tuesday, May 12, 2026, are listed below as shown in the previous CMC.

6Parties 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://meet.goto.com/348282861

Access code: 348-282-861

7Parties and/or 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: https://app.gotomeeting.com/home.html

8Persons 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: 348-282-861.

9Individuals 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.

10As 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.

11The Tribunal directs the Parties to continue discussions with a view to settling some or all of the issues of the Appeal. The Tribunal advised that Parties that Tribunal-led mediation is still available through the case co-ordinator.

12The Tribunal directs the Parties to provide the Tribunal (through the Case Coordinator) with any update with respect to this matter, including the possible release of Hearing dates no later than Friday, May 1, 2026.

ORDER

13THE TRIBUNAL ORDERS THAT the Procedural Order attached as Schedule 1 below is approved and will govern the events leading up to and including the next scheduled Hearing event. The Member is not seized in this matter but will remain available for continued case management to the extent that the Tribunal calendar permits.

“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

ISSUE DATE: <*> CASE NO(S).: OLT-24-001229

PROCEEDING COMMENCED UNDER 41(12) of the Planning Act, R.S.O. 1990, c.P.13, as amended

Applicant/Appellant: Worldwide Properties (Alliston) Inc. Subject: Site Plan Description: To facilitate the development of two buildings with new Retail spaces Reference Number: D11-AL-177 Property Address: 17-37 Young Street Municipality/UT: Town of New Tecumseth/Simcoe County OLT Case No.: OLT-24-001229 OLT Lead Case No.: OLT-24-001229 OLT Case Name: Worldwide Properties (Alliston) Inc. v. New Tecumseth (Town)

1. 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

2. The video hearing will begin on Tuesday, May 12, 2026 at 10:00 a.m. at https://meet.goto.com/348282861.

3. The parties’ initial estimation for the length of the hearing is 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.

4. The exchange deadlines are found in Attachment 1. The parties and participants identified at the case management conference are set out in Attachment 2.

5. The issues are set out in the Issues List attached as Attachment 3. There will be no changes to this list (except to remove or resolve issues) unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.

6. The order of evidence shall be as set out in Attachment 4 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.

7. 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.

8. 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.

9. A party, participant, or witness who intends to submit document(s) to the Tribunal must include a declaration within each submitted document if generative AI was used to create or generate content. A declaration is not required if AI was used to merely suggest changes, provide recommendations, or critique content already created by a human who then considered and manually implemented the changes.

Requirements Before the Hearing

10. 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. This list must be delivered on or before Tuesday, April 7, 2026 (at least 35 days prior to the start of the hearing) and in accordance with paragraph 23 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.

11. Expert witnesses in the same field shall have a meeting on or before Wednesday, April 15, 2026 (at least 27 days prior to the start of the hearing) 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 Tuesday, May 5, 2026 (at least 7 days prior to the start of the hearing).

12. 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 14 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.

13. 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 14 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 14 below.

14. On or before Friday, April 24, 2026 (at least 18 days prior to the start of the hearing), the parties shall provide copies of their expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 23 below.

15. On or before Friday, April 24, 2026 (at least 18 days prior to the start of the hearing), a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 23 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

16. On or before Tuesday, April 7, 2026 (at least 35 days prior to the start of the hearing) the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

17. On or before Tuesday, May 5, 2026 (at least 7 days prior to the start of the hearing), the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 23 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

18. Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence on or before Tuesday, May 5, 2026 (eleven (11) days after the evidence is received) and in accordance with paragraph 23 below.

19. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before Thursday, May 7, 2026 (at least 5 days prior to the start of the hearing).

20. 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.

21. 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.

22. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before Tuesday, May 5, 2026 (at least 7 days prior to the start of the hearing) 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.

23. 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.

24. 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.

BEFORE: Name of Member: Date:

TRIBUNAL REGISTRAR

ATTACHMENT 1

SUMMARY OF DATES

DATE	EVENT
Tues. April 7, 2026	Exchange of witness lists (names, disciplines).
Wed. April 15, 2026	Experts meeting prior to this date (if any)
Tues. April 7, 2026	Confirm if all hearing dates still required
Fri. April 24, 2026	Exchange of Witness Statements, summoned witness outlines, Expert Reports and Participant Statements
Tues. May 5, 2026	Exchange of Reply Witness Statements (if any)
Tues. May 5, 2026	Exchange of visual evidence (if any)
Tues. May 5, 2026	Agreed Statement of Facts (if any)
Thurs. May 7, 2026	Finalize Joint Document Book
Tues. May 5, 2026	Preliminary Hearing Plan to be filed with the Tribunal
May 12, 2026 – May 15, 2026	Hearing Dates

ATTACHMENT 2

PARTIES

1. Worldwide Properties (Alliston) Inc. Aird & Berlis LLP 181 Bay Street, Suite 1800 Toronto, ON M5J 2T9 Andrea Skinner Tel: 416.865.3423 Email: askinner@airdberlis.com

2. Town of New Tecumseth FEEHELY, GASTALDI 7 Mill Street East, Box 370 Tottenham, ON L0G 1W0 James J. Feehely Tel: 905.936.4262 Ext. 230 Email: jayfeehely@fglawyers.ca

ATTACHMENT 3

ISSUES LIST

NOTE: The identification of an issue on the Issues List does not constitute an acknowledgement by the OLT or any party that such issue, or the manner in which the issue is expressed, is either appropriate or relevant to the determination of the OLT at the hearing. The extent to which these issues are appropriate or relevant to the determination of the OLT at the hearing will be a matter of evidence and argument at the hearing. The identification of an issue on this list by a party indicates that party’s intent to lead evidence or argue that the issue is relevant to the proceeding, for the purpose of fairly identifying to the other parties the case they need to meet and shall not be construed as the OLT having jurisdiction over such matters in each circumstance. Accordingly, no party shall advance an issue not identified on the Issues List without leave of the OLT.

1. Town of New Tecumseth Issues List

A. Traffic Impact Study - LMM Engineering Inc. (February 18, 2026) Does the Study adequately address the following:

1. Providing improvement options for the intersection and reviewing the need for exclusive left and/or right hand turn lanes at the site access on King Street.
2. Have the parking spaces been removed from the drive-thru lane on the Site Plan?

B. Functional Servicing Report - Edward Wong & Associates Inc. Does the Report meet the Town’s engineering standards in relation to the following:

1. Providing for a design that incorporates a single service connection for the property to the Town’s water and sanitary sewer infrastructure with one Municipal metre as required by the Town’s standards (By-Law 2021-099).
2. Providing an analysis for the servicing of the entire site and not just the proposed development.
3. Providing the documentation to support the flow rate as set out in Section 4.5.
4. Provide the service connection points in the Town’s right-of-way ensuring the proposed pipe material meets the criteria identified in Section 9.8.15.1 “Pipe” of the Town’s Engineering Design Criteria and Standards.

C. Waste Management Study - Edward Wong & Associates Inc. Do the Study and implementing drawings adequately address the following:

1. Substantiate the slope of buried utilities?
2. Provide an assessment of deeper bedrock and vertical hydraulic gradients?
3. Provide an evaluation of the disturbed area of Site 522?
4. Provide an evaluation of how subsurface infrastructure may intercept and direct landfill gas away from the site?
5. Provide field measurements or utilities as-built drawings to substantiate the shallow groundwater migration pathway evaluation?

D. Infrastructure Requirements Do the Site Plan and related drawings adequately identify the following:

1. The required sidewalk location on King Street South within the Town’s right-of-way with appropriate dimensions and setbacks to meet Town standards?

E. Site Servicing Plan - C-05 Does the Plan adequately address the following:

1. Showing the location of the existing services (storm, sanitary and water including the Municipal water metre)?
2. Showing the vertical separation distance of 0.5 metres between water main and sewer crossing?
3. Identifying the proposed material for the 150mm diameter fire service pipe?

F. Grading Plan - C-03 Does the Plan adequately address the following:

1. Illustrating any surface ponding details in accordance with Town Engineering Standards.
2. Providing grade detail for the proposed Municipal sidewalk on King Street South.
3. Details for the design and layout of the concrete sidewalk located along the King Street South right-of-way.

G. Erosion and Sediment Plan - C-04 Does the Plan adequately address the following:

1. Identifying the existing directional flow with drainage arrows between spot elevations?
2. Providing the location of the overland flow route for the site?

H. Photometric Study - E-101 Does the Study adequately address the following:

1. Ensuring a sufficient number of outdoor light fixtures are equipped with automatic timing devices.
2. Ensuring lighting levels are shown in a grid pattern for the proposed development with sufficient lighting in the development portion of the site.

I. Tree Inventory and Preservation Plan: Ontario Tree Experts (Sept. 1/2025) Does the Plan adequately address the following:

1. Do Trees T24 and T25 need to be protected and preserved?

J. Additional Site Plan Issues: Does the Site Plan drawing provide for the following:

1. Providing landscape details in accordance with a detailed landscape plan?
2. Proper drive-thru flow and stacking of vehicles in accordance with Town standards.
3. Providing appropriate screening between the drive-thru lanes and King Street South.
4. Showing the actual boundary of the daylighting triangle in relation to the property line and the intersection of King Street South and Young Street.

K. Public Works Department Issues Do the plans for the development adequately provide for the following:

1. Identifying the location of existing utilities.
2. Providing the appropriate separation between utility poles beside the sidewalk which must have a minimum 0.3 metre clearance.
3. Ensuring storm water infrastructure complies with the Town’s standards.
4. Providing details in relation to existing Municipal infrastructure.
5. Identifying storm water monitoring access points in accordance with Town standards.

L. Survey Detail

1. Do all plans and drawings use the same base survey data to provide a consistent reference for all drawings for the development?

M. Building Department Issues

1. Does the fire route shown on the site plan comply with the Ontario Building Code?

N. Fire Department Issues See M. above.

ATTACHMENT 4

ORDER OF EVIDENCE

1. Worldwide Properties (Alliston) Inc.
2. Town of New Tecumseth
3. Worldwide Properties (Alliston) Inc. (in reply, if necessary).

ATTACHMENT 5

PURPOSE OF THE PROCEDURAL ORDER AND MEANING OF TERMS

Meaning of terms used in the Procedural Order:

A party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other parties, and making submissions on all of the evidence. An unincorporated group cannot be a party and it must appoint one person to speak for it, and that person must accept the other responsibilities of a party as set out in the Order. Parties do not have to be represented by a lawyer and may have an agent speak for them. The agent must have written authorisation from the party.

NOTE that a person who wishes to become a party before or at the hearing, and who did not request this at the case management conference (CMC), must ask the Tribunal to permit this.

A participant is an individual or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a party may do so). Section 17 of the Ontario Land Tribunal Act states that a person who is not a party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A participant may also be asked questions by the parties should the Tribunal direct a participant to attend a hearing to answer questions on the content of their written submission.

A participant must be identified and be accorded participant status by the Tribunal at the CMC. A participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A participant cannot ask for costs, or review of a decision, as a participant does not have the rights of a party to make such requests of the Tribunal.

Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party or participant intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.

Visual evidence includes photographs, maps, videos, models, and overlays which a party or participant intends to present as evidence at the hearing.

A witness statement is a short written outline of the person’s background, experience and interest in the matter; a list of the issues which he or she will discuss ; and a list of reports or materials that the witness will rely on at the hearing.

An expert witness statement should include his or her (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness’ opinions on those issues and the complete reasons supporting their opinions and conclusions and (5) a list of reports or materials that the witness will rely on at the hearing. An expert witness statement must be accompanied by an acknowledgement of expert’s duty.

A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a statement of the participant’s position on the appeal; a list of the issues which the participant wishes to address and the submissions of the participant on those issues; and a list of reports or materials, if any, which the participant wishes to refer to in their statement.

Additional Information

A summons may compel the appearance of a person before the Tribunal who has not agreed to appear as a witness. A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons through a request. (See Rule 13 on the summons procedure.) The request should indicate how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the information provided in the request that the evidence is relevant, necessary or admissible, the party requesting the summons may provide a further request with more detail or bring a motion in accordance with the Rules.

The order of examination of witnesses is usually direct examination, cross-examination and re-examination in the following way:

• direct examination by the party presenting the witness;
• direct examination by any party of similar interest, in the manner determined by the Tribunal;
• cross-examination by parties of opposite interest;
• re-examination by the party presenting the witness; or
• another order of examination mutually agreed among the parties or directed by the Tribunal.

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