Sifton Properties Ltd. v. Brantford (City), 2026 CanLII 3343

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE:

January 13, 2026

CASE NO.:

OLT-23-000521

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Applicant/Appellant

Sifton Properties Limited

Subject:

Request to amend the Official Plan – Failure to adopt the requested amendment

Description:

To permit a residential development consisting of single detached units and townhouses

Reference Number:

OP-04-18

Property Address:

277, 299 and 301 Hardy Road

Municipality/UT:

Brantford/Brant

OLT Case No:

OLT-23-000521

OLT Lead Case No:

OLT-23-000521

OLT Case Name:

Sifton Properties Ltd. v. Brantford (City)

PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Applicant/Appellant

Sifton Properties Limited

Subject:

Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description:

To permit a residential development consisting of single detached units and townhouses

Reference Number:

PZ-15-18

Property Address:

277, 299 and 301 Hardy Road

Municipality/UT:

Brantford/Brant

OLT Case No:

OLT-23-000522

OLT Lead Case No:

OLT-23-000521

PROCEEDING COMMENCED UNDER section 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Applicant/Appellant

Sifton Properties Limited

Subject:

Proposed Plan of Subdivision – Failure of Approval Authority to make a decision

Description:

To permit a residential development consisting of single detached units and townhouses

Reference Number:

29CD-18503

Property Address:

277, 299 and 301 Hardy Road

Municipality/UT:

Brantford/Brant

OLT Case No:

OLT-23-000523

OLT Lead Case No:

OLT-23-000521

BEFORE:

DAVID BROWN

Tuesday, the 13th

MEMBER

day of January, 2026

THE TRIBUNAL ORDERS that further to the Decision issued on December 15, 2025, the Procedural Order, as agreed to between the Parties and attached hereto as Schedule “A”, shall be in force and effect for the purpose of governing the required procedures leading up to and including the hearing, which is scheduled to commence on Wednesday, March 4, 2026. The Tribunal has set aside three (3) days for the hearing.

“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.

SCHEDULE “A”

ISSUE DATE: January 13, 2026 CASE NO(S).: OLT-23-000521

PROCEEDING COMMENCED UNDER section 22(7) of the Planning Act, R.S.O.1990, c. P.13, as amended.

Applicant/ Appellant:

Sifton Properties Limited

Subject:

Request to amend the Official Plan- Failure to adopt the requested amendment

Description:

To permit a residential development consisting of single detached units and townhouses

Reference Number:

OP-04-18

Property Address:

277, 299, and 301 Hardy Road

Municipality/UT: OLT Case No:

Brantford/ Brant OLT-23-000521

OLT Lead Case No:

OLT-23-000521

OLT Case name:

Sifton Properties Ltd. V Brantford (City)

PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O.1990, c. P.13, as amended.

Applicant/ Appellant Sifton Properties Limited

Subject: Application to amend the Zoning By-law- Refusal or neglect to make a decision

Description To permit a residential development consisting of single detached units and townhouses

Reference Number: PZ-15-18

Property Address: 277, 299 and 301 Hardy Road

Municipality/ UT: Brantford/ Brant

OLT Case No: OLT-23-000522

OLT Lead Case No: OLT-23-000521

PROCEEDING COMMENCED UNDER section 51(34) of the Planning Act, R.S.O.1990, c. P.13, as amended.

Applicant/ Appellant Sifton Properties Limited

Subject: Proposed Plan of Subdivision- Failure of Approval Authority to make a decision

Description To permit a residential development consisting of single detached units and townhouses

Reference Number: 29CD-18503

Property Address: 277, 299 and 301 Hardy Road

Municipality/ UT: Brantford/ Brant

OLT Case No: OLT-23-000523

OLT Lead Case No: OLT-23-000521

This Procedural Order relates only to the portion of the zoning by-law amendment appeal respecting the northeast medium density block. The balance of the zoning appeal and all of the official plan amendment and vacant land condominium appeals were resolved through an OLT-approved settlement by Decision and Order dated August 2, 2024.

The Tribunal orders that:

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 Wednesday, March 4, 2026 at 10:00am and will be conducted virtually. Link: https://global.gotomeeting.com/join/344779885.

3. The length of the hearing is 3 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 parties and participants identified at the case management conference are set out in Attachment 1 (see Attachment 3 for the meaning of these terms).

5. 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.

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.

Requirements Before the Hearing

9. 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 Wednesday, January 14, 2026 and in accordance with paragraph 21 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.

10. Expert witnesses in the same field shall have a meeting on or before Wednesday, January 21, 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 Wednesday, January 28, 2026.

11. 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.

12. 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, in accordance with paragraph 13 below.

13. On or before Wednesday, February 4, 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 21 below.

14. On or before Wednesday, February 4, 2026, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 21 below. A participant cannot present oral submissions at the hearing on the content of their written statement.

15. Parties may provide to all other parties and the OLT Case Co-ordinator a written response to any written evidence on or before Wednesday, February 18, 2026 in accordance with paragraph 21 below.

16. On or before Friday, February 20, 2026 the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 21 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

17. The parties shall cooperate to prepare a Joint Document Book which shall be filed with the OLT Case Co-ordinator on or before Friday, February 20, 2026.

18. 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.

19. 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.

20. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before Friday, February 20, 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.

21. All filings shall be submitted electronically. 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.

22. 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 seized.

So orders the Tribunal.

BEFORE:

Name of Member:

Date:

TRIBUNAL REGISTRAR

Summary of Key Dates

Date

Event

Wednesday, January 14, 2026

Exchange Witness Lists

Wednesday, January 21, 2026

Meeting of Like Experts

Wednesday, January 28, 2026

Agreed Statement of Like Experts

Wednesday, February 4, 2026

Witness Statements and Participant Statements

Wednesday, February 18, 2026

Reply Witness Statements

Friday, February 20, 2026

Visual Evidence

File Joint Document Book and Hearing Plan

Friday, February 27, 2026

Notify the Tribunal if a witness is not going to provide oral evidence

Wednesday, March 4, 2026

Hearing commences

Attachment 1: Parties and Participants

Party

Representation

Sifton Properties Limited

Ira T. Kagan/ Sarah R. Kagan Kagan Shastri DeMelo Winer Park LLP 188 Avenue Road Toronto, ON, M5R 2J1 T: 416-368-2100 ext. 226/ 243 E: ikagan@ksllp.ca / skagan@ksllp.ca /

City of Brantford

Stephen Brogden Legal Counsel and Head of Litigation 58 Dalhousie Street Brantford, ON, N3T 2J2 Phone: 519-759-4150 ext. 5720 Email: sbrogden@brantford.ca

Tommi McMillan Law Clerk Legal Services 58 Dalhousie Street Brantford, Ontario N3T 2J2 Phone: 519-759-4150 ext.5771 Email: tmcmillan@brantford.ca

Participant

Representation

Mr. Gerhardus (Jerry) Klievik (on behalf of The Hardy Road Area Citizens Committee

Gerhardus (Jerry) Klievik (on behalf of The Hardy Road Area Citizens Committee (“THRACC”) Self- Represented T: 519-759-3334 E: jklievik@gmail.com

Parkside Hills Inc.

Scott Snider and Anna Toumanians TMA Law 25 Main Street West, Suite 2010, Hamilton, ON, L8P 1H1 T: 905-529-3476 E: ssnider@tmalaw.ca / atoumanians@tmalaw.ca

Ms. Graham Marlene

Ms. Graham Marlene 114 Golf Road Brantford, ON., N3T 5L8 T: 519-759-5355 E: Dm_graham@sympatico.ca

Brant Land Trust

Ms. Mary Lou Knechtel Brant Land Trust 17 Oxbow Lane Brantford, ON., N3T5L6 T: 519-861-5336 E: lou@brantlandtrust.ca

Attachment 2: Issues List

Note 1: 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.

Note 2: Where two or more parties raise the same technical issue, they can co-ordinate and rely upon an independent expert. Where, however, a single party alone raises a technical issue then that party must call technical evidence in support of that issue from a qualified independent expert.

City of Brantford Issues List

Sifton is proposing to revise a single zoning standard from City ZBL 124-2024. The property is zoned “Residential Mid-Rise (RMR) -14”. The “14” refers to a site-specific zoning regulation which limits the density to 93 units. Sifton proposes to change that density limit. Sifton has prepared a concept plan for a development with three (3) six-story apartment buildings containing 330 units. Sifton’s development will be designed to comply with all performance standards in Brantford Zoning By-law 124-2024 save for the above-noted density provision.

Planning

1. Does the proposed rezoning have regard for the fact that the subject lands have not yet been subdivided, and will require approval of a Consent or a Plan of Subdivision from the appropriate approval authority?

• Reference: Planning Act, R.S.O. 1990, c. P.13, Section 51 and 53.

2. Does the proposal comply with matters of provincial interest under the Planning Act?

• Reference: Planning Act, R.S.O. 1990, c. P.13, Section 2 (h), (p), (q) and (r).

3. Is the proposed density consistent with the Provincial Policy Statement, 2024 (PPS), which requires planning authorities to provide for an appropriate range and mix of housing and to promote efficient land use within settlement areas?

• Reference: PPS 2024, Section 2.1 (Planning for People and Homes); Section 2.2 (Housing); and Section 2.3.1 (General Policies for Settlement Areas).

4. Does the proposed development conform to the applicable policies in the City of Brantford Official Plan pertaining to the Greenfield Designation?

• Reference: City of Brantford Official Plan (2021), Section 2.2 Principle 6 (Vision and Guiding Principles); Section 4.2 v. (Planning for Growth in an Urban Structure); Section 4.3 d. (Accommodating Projected Growth to 2051); and Section 5.2. (Policies for Neighbourhoods).

5. Does the proposed development implement the City of Brantford Official Plan objectives for new development and housing, while balancing compatibility in the form of built-form, scale and transition with neighbouring properties?

• Reference: City of Brantford Official Plan (2021), Section 3.1 (Providing Housing Opportunities); Section 5.1b. (Compatible Built Form and Development), and Section 5.1c, d and e (Development Proposal Review).

6. Does the proposed development conform to the intent of the Residential Mid-Rise (RMR) Zone in the City of Brantford Zoning By-law?

• Reference: City of Brantford Zoning By-law, Section 7.7 (Residential Mid-Rise (RMR) Zone).

7. Does Zoning By-law 124-2024 contain zoning provisions which adequately addresses whether a maximum unit count is an appropriate tool for controlling built form?

• Reference: City of Brantford Zoning By-law 124-2024.

Servicing

8. Is there sufficient servicing capacity (water, wastewater, stormwater) to accommodate the proposed development without adverse impacts on existing infrastructure?

• Reference: PPS 2024, section 3.6 (Sewage, Water and Stormwater).

9. Does the proposed servicing strategy comply with municipal standards and align with the Official Plan?

• Reference: Linear Design and Construction Manual and City of Brantford Official Plan, Section 8.1 (Municipal Servicing Infrastructure Systems).

Transportation

10. Does the existing road network have adequate traffic capacity to support the proposed development, considering projected growth and transportation policies?

• Reference: PPS 2024, Section 3.2 (Transportation Systems); and

• Transportation Master Plan, Section 2 (Transportation Impacts of Growth), and Section 4.3.11 (Hardy Road - Ferrero Boulevard to Paris Road).

11. Are any transportation improvements required, such as a westbound left-turn lane at the Golf Road, to mitigate any potential traffic impacts from the unit yield and satisfy municipal standards?

• Reference: City of Brantford Official Plan (2021), Sections 7.1 and 7.2; and Transportation Master Plan, Section 3 (Complete Streets Framework).

Attachment 3: 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.

Attachment 4: Order of Evidence

Order of Evidence

1. Sifton Properties Limited

2. City of Brantford

3. Sifton Properties Limited - Reply (if any)