Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: January 16, 2026

CASE NO.: OLT-25-000550

PROCEEDING COMMENCED UNDER subsection 38(4) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Appellant: Cachet Homes (Victoria) Inc.

Subject: Appeal of decision

Description: Interim Control By-law to facilitate staging of Development Plan for unallocated greenfield residential lands within the settlement area of Breslau

Reference Number: By-law 20-2025

Property Address: Unallocated Greenfield Residential Lands

Municipality/UT: Woolwich / Waterloo

OLT Case No: OLT-25-000550

OLT Lead Case No: OLT-25-000550

OLT Case Name: Cachet Homes (Victoria) Inc. v. Woolwich (Township)

BEFORE:

K.R. ANDREWS MEMBER

Monday, the 12th day of January, 2026

UPON APPEAL brought by Cachet Homes (Victoria) Inc. pursuant to section 38(4) of the Planning Act, against the enactment of Interim Control By-law No. 20-2025 by the Township of Woolwich;

AND THE TRIBUNAL having conducted a second Case Management Conference on this date, January 12, 2026, by videoconference;

AND THE TRIBUNAL having scheduled a 10-day hearing to commence on Monday, April 20, 2026, at 10 a.m., by videoconference, as follows:

Parties 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/660145013

Access code: 660-145-013

Parties 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

Persons 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: (647) 497-9373 or (Toll Free) 1-888-299-1889. The access code is: 660-145-013.

Individuals 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.

THE TRIBUNAL ORDERS THAT:

1. The date and particulars of the hearing are set out above; and

2. The Procedural Order appended as Attachment 2 shall govern the conduct of this proceeding.

The Member is not seized but may be spoken to through the Case Coordinator if any issues arise.

“Matthew D.J. Bryan”

MATTHEW D.J. BRYAN REGISTRAR

Ontario Land Tribunal Website: 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.

Attachment 1

CMC Attendance List

Party Name	Counsel/Representative*
Cachet Homes (Victoria) Inc.	John Alati Grace O’Brien
Township of Woolwich	David Neligan
Thomasfield Homes Limited	Peter Pickfield
Madwest Breslau Limited and Woolwich South Holdings Limited	Lee English

ATTACHMENT 2

ONTARIO LAND TRIBUNAL

IN THE MATTER OF subsection 38(4) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: Cachet Homes (Victoria) Inc.

Subject: Appeal of decision

Description: Interim Control By-law to facilitate staging of Development Plan for unallocated greenfield residential lands within the settlement area of Breslau

Reference Number: By-law 20-2025

Property Address: Unallocated Greenfield Residential Lands

Municipality/UT: Woolwich / Waterloo

OLT Case No.: OLT-25-000550

OLT Lead Case No.: OLT-25-000550

OLT Case Name: Cachet Homes (Victoria) Inc. V. Woolwich (Township)

PROCEDURAL ORDER

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 April 20, 2026 at 10:00 a.m./p.m. by Video Hearing.

3. The parties’ initial estimation for the length of the hearing is 10 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 procedural order deadlines are found in Attachment 1.

5. The parties and participants identified at the case management conference are set out in Attachment 2.

6. The issues are set out in the Issues List attached as Attachment 3. 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.

7. 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.

8. 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.

9. 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

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 and the order in which they will be called. This list must be delivered on or before Tuesday, January 20, 2026 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, February 4, 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, February 19, 2026.

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, March 6, 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 23 below.

15. On or before Friday, March 6, 2026 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 Monday, March 30, 2026 the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

17. On or before Monday, March 30, 2026 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 within 25 days after the evidence is received (Monday, March 30, 2026) 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 Tuesday, April 7, 2026.

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 Monday, April 13, 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.

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
Tuesday, January 20, 2026	Exchange of witness lists (names, disciplines and order to be called)
Wednesday, February 4, 2026	Experts meeting prior to this date
Thursday, February 19, 2026	Agreed statement of facts
Friday, March 6, 2026	Exchange of Witness Statements, summoned witness outlines, Expert Reports and Participant Statements
Monday, March 30, 2026	Exchange of Reply Witness Statements
Monday, March 30, 2026	Confirm if reserved hearing dates still required
Monday, March 30, 2026	Exchange of Visual Evidence
Tuesday, April 7, 2026	Finalize Joint Document Book
Monday, April 13, 2026	Hearing Plan filed with Tribunal
Monday, April 20, 2026	Hearing commences

Attachment 2 – Parties and Participants

Parties:

PARTY	REPRESENTATIVE
Township of Woolwich	David Neligan (dneligan@airdberlis.com) and Eileen Costello (ecostello@airdberlis.com)
Cachet Homes (Victoria) Inc.	John Alati (johna@davieshowe.com) and Grace O’Brien (graceo@davieshowe.com)
Thomasfield Homes Limited	Peter Pickfield (pickfield@garrodpickfield.ca) Colin Léger (cleger@garrodpickfield.ca)
Madwest Breslau Limited and Woolwich South Holdings Limited	Lee English (lenglish@blg.com) and Piper Morley (pmorley@blg.com)

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. Was the enactment of the Township of Woolwich (the “Township”) Interim Control By-law (the “ICBL”) appropriate and necessary to “provide the Township time to complete a study of the Staging of Development” or are there other less extreme land use planning mechanisms the Township could have applied to achieve this outcome?
2. Did the Township provide a sufficient planning rationale which substantiated the usage and enactment of the ICBL?
3. Has the Township initiated a detailed study of the staging of development for greenfield residential land in Breslau resulting from the passage of the ICBL? If so:
   1. Is the ICBL required as the “study” progresses, or is the “study” part of the normal planning process that municipalities undertake in updating their official plans?
   2. Is the “study” being conducted fairly and expeditiously?
   3. Has there been meaningful public consultation in relation to the “study”?
4. Is the ICBL consistent with the Provincial Planning Statement, 2024, particularly the vision statement and policies 2.2.1 b) and c), 2.3.1, 3.1.1 b) and c), 3.6.1 a), d) and e), 6.1.6, 6.1.7 and 6.2.1 a) and d)?
5. Does the ICBL conform with the Region of Waterloo’s Official Plan, particularly policies, 1.5 (bullet 3, 5 and 6), 1.6.1, 2.A, 2.A.2,, 2.A.5, 2.C intro, 2.C.2.2 a) and e), 2.E.1.2, 2.G.1.4 a), c) and d), 5.B.2 and 5.D.3?
6. Does the ICBL conform with the Township’s Official Plan, particularly the lack of interim control by-law policy direction and policies 2.3.1 c), 4.1, 4.4.2, 4.4.4, 4.4.5, 5.7.5, 7.6.5, 7.7 intro, 7.26.1.1 a) and b), 7.26.1.2 e), 7.26.1.3 principle 3 and principle 8, 7.26.2.3, 7.26.5.1, 7.26.8.2 c), d), e) and f), 8.1.1 a), b), d) and f), 8.1.2 b), 9.1.1, 9.1.2, 9.1.5, 9.7.2 g), l) and n), 17.3, 17.4 b), 18.4.4, 19.1.4, 19.1.8, 19.7.17, 19.11.1, 19.11.2 e) and 19.11.5?

Attachment 4 – Order of Evidence

1. Township of Woolwich
2. Thomasfield Homes Limited
3. Madwest Breslau Limited and Woolwich South Holdings Limited
4. Cachet Homes (Victoria) Ltd.
5. Township of Woolwich (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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