1238576 Ontario Limited v. Centre Wellington (Township), 2026 CanLII 3359

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: January 16, 2026

CASE NO.: OLT-25-000065

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

Applicant and Appellant: 1238576 Ontario Limited

Subject: Request to amend the Zoning By-law – Failure of Approval Authority to make a decision

Description: To permit the development of a residential subdivision

Reference Number: 23T-15003

Property Address: 27, 32 and 40 Broken Front Path and 11 Gilkison Street

Municipality/UT: Centre Wellington/Wellington

OLT Case No.: OLT-25-000065

OLT Lead Case No.: OLT-25-000065

OLT Case Name: 1238576 Ontario Limited v. Centre Wellington (Township)

BEFORE:

BITA M. RAJAEE MEMBER

Friday, the 16th day of January, 2026

THIS MATTER having come before the Ontario Land Tribunal (the “Tribunal”) for a Case Management Conference on September 18, 2025;

AND THE TRIBUNAL having issued the Procedural Order on October 15, 2025, for the purpose of governing the required procedures leading up to the hearing commencing on May 11, 2026;

AND THE TRIBUNAL having adjourned the May 11, 2026 hearing;

AND THE TRIBUNAL having reschedule the hearing for October 5, 2026;

THE TRIBUNAL ORDERS that 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 October 5, 2026. The Tribunal has set aside 5 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

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.

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

1. The video hearing will begin on October 5, 2026, at 10:00 am, through video link https://global.gotomeeting.com/join/656004293. When prompted, enter code 656-004-293.

2. The parties’ initial estimation for the length of the hearing is 5 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.

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

4. 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.

5. 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.

6. 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.

7. 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

8. 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 Monday July 6, 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.

9. Expert witnesses in the same field shall have a meeting on or before Tuesday July 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 Tuesday August 4, 2025.

10. 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 12 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.

11. 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 12 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 12 below.

12. On or before Friday August 21, 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.

13. On or before Friday August 21, 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, unless ordered by the Tribunal.

14. On or before Monday September 14, 2026, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

15. On or before Monday September 18, 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.

16. Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence on or before Friday September 14, 2026, and in accordance with paragraph 21 below.

17. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before Wednesday September 23, 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 Tuesday September 29, 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.

23. A summary of the various filing dates is contained in Attachment 4.

This Member is [not] seized.

So orders the Tribunal.

BEFORE:

Name of Member:

Date:

TRIBUNAL REGISTRAR

ATTACHMENT 1

Parties

1. 1238576 Ontario Limited

TMA Law 25 Main Street West, Suite 2010 Hamilton, ON L8P 1H1

Jennifer Meader Email: jmeader@tmalaw.ca Phone: 905.529.3476

Meredith Baker Email: mbaker@tmalaw.ca Phone: 905.529.3476

2. The Township of Wellington

Garrod Pickfield LLP 9 Norwich Street West Guelph, ON N1H 2G8

Peter Pickfield Email: pickfield@garrodpickfield.ca Phone: (519) 837-0500

Colin Leger Email: cleger@garrodpickfield.ca Phone: (519) 837-0500

ATTACHMENT 2

Issues List

NOTE: The identification of an issue on the Issues List does not constitute an acknowledgement by the Tribunal or any party that the issue is either relevant or appropriate. 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 but shall not preclude any other party from calling evidence on the issue.

Township of Centre Wellington

1. Does the application to amend Township of Centre Wellington Zoning By-law 2009-045 have regard for matters of provincial interest in section 2 of the Planning Act, including clauses 2(a), and 2(h)?

2. Is the proposed zoning by-law amendment consistent with the Provincial Planning Statement, in particular: 4.1.1, 4.1.2, 4.1.5 (b), and 4.1.8?

3. Does the proposed zoning by-law amendment conform with the Official Plan of Wellington County, 1999, in particular: 2.2.14, 2.2.15, 5.5.4, 5.6.2 (a), 5.6.2 (b), 5.6.2 (c), 7.4.13, 7.4.14?

4. Does the proposed zoning by-law amendment conform with the Official Plan of the Township of Centre Wellington, 2005, in particular: C.2.1.3, C.3.1, C.3.9.1, C.3.9.3 (a), C.3.9.3 (b), C.3.9.3 (c), C.3.9.3 (d), C.3.9.3 (e), C.3.9.3 (f), C.15.4.1, C.15.4.2?

5. Does the proposed application provide appropriate protections for the existing woodlands on and adjacent to the subject property?

6. Does the proposed zoning by-law amendment represent good planning and is it in the public interest?

ATTACHMENT 3

Order of Evidence

1. 1238576 Ontario Limited
2. The Township of Wellington
3. 1238756 Ontario Limited In reply

ATTACHMENT 4

Summary of Filing Dates

EVENT

DATE

List of Witnesses

Monday July 6, 2026

Expert Witness Meetings

Tuesday July 21, 2026

Agreed Statement of Facts & Remaining Issues

Tuesday August 4, 2026

Witness and Expert Witness Statements

Friday August 21, 2026

Participant Statement

Friday August 21, 2026

Confirm Hearing Dates with Tribunal

Monday September 14, 2026

Response Witness Statement

Monday September 14, 2026

Visual Evidence

Friday September 18, 2026

Joint Document Book

Wednesday September 23, 2026

Hearing Plan

Tuesday September 2, 2026

OLT Hearing Commences

Monday October 5, 2026