Stonemount Developments Inc. v. Essa (Township), 2026 CanLII 3360

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: January 16, 2026 CASE NO.: OLT-25-000705

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

Applicant and Appellant: Stonemount Developments Inc. Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit the development of 30 medium density dwelling units Reference Number: Z4-19 Property Address: 68 Gold Park Gate Municipality/UT: Essa Township / Simcoe County OLT Case No.: OLT-25-000705 OLT Lead Case No.: OLT-25-000705 OLT Case Name: Stonemount Developments Inc. v. Essa (Township)

BEFORE: P. TOMILIN, MEMBER Friday, the 16th day of January, 2026

THE TRIBUNAL ORDERS that further to the Decision issued on January 5, 2026, 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 May 25, 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

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

Appellant: Stonemount Developments Inc. Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit the development of 30 medium density dwelling units Reference Number: Z4-19 Property Address: 68 Gold Park Gate Municipality/UT: Essa Township/Simcoe County OLT Case No: OLT-25-000705 OLT Lead Case No: OLT-25-000705 OLT Case Name: Stonemount Developments Inc. v. Essa (Township)

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 Monday, May 25, 2026, at 10:00 a.m.

3. The length of the hearing is five (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.

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

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. An issue can be removed from the issues list without a formal order of the Tribunal with the consent of all Parties.

6. 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.

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 ninety (90) days prior to the hearing date, being Tuesday, February 24, 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. Any challenges to the witness, including qualifications of a witness to give opinion evidence in the area of expertise proposed, shall be made by motion in accordance with the Tribunal’s Rules and notice of same must be served on the other Parties sixty (60) days prior to the hearing, being Thursday, March 26, 2026

10. Expert witnesses in the same field shall have a meeting sixty (60) days prior to 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 forty-five (45) days prior to the hearing, being Friday, April 10, 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, as in paragraph 13 below.

13. Thirty (30) days prior to the hearing, being Friday, April 24, 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 22 below.

14. Thirty (30) days prior to the hearing, being Friday, April 24, 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.

15. Thirty (30) days prior to the hearing, being Friday, April 24, 2026, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

16. Fifteen (15) days prior to the hearing, being Monday, May 11, 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.

17. Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence fifteen (15) days prior to the hearing, being Monday, May 11, 2026, and in accordance with paragraph 22 below.

18. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator fifteen (15) days prior to the hearing, being Monday, May 11, 2026.

19. 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.

20. 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.

21. The parties shall prepare and file a preliminary hearing plan with the Tribunal fifteen (15) days prior to the hearing, being Monday, May 11, 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.

22. All filings shall be submitted electronically. If requested, the Tribunal will be provided a hard copy of documents and materials in advance of the hearing event as soon as practicable. 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. All documents to be filed with the Tribunal shall be organized, tabbed and digitally searchable and such materials will be filed in accordance with directions contained in the Tribunal’s Video Hearing Guide, dated July 2, 2020, or as may be amended.

23. If the applicant intends to seek approval of a revised proposal at the hearing, the applicant shall provide copies of the revised proposal, including all revised plans, drawings, proposed instruments, updated supporting documents and reports, to the other parties one hundred and twenty (120) days prior to the hearing, being Monday, January 26, 2026. The applicant acknowledges that any revisions to the proposal after that date without the consent of the parties may be grounds for the Tribunal to adjourn the hearing.

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.

SUMMARY OF DATES

DATE	EVENT
120 days prior to the hearing, being Monday, January 26, 2026	Last date to provide copies of revised proposal, including all revised plans and drawings (if any)
90 days prior to the hearing, being Tuesday, February 24, 2026	Exchange of witness lists (names, disciplines and order to be called)
60 days prior to the hearing, being Thursday, March 26, 2026	Any challenges to the witness, including qualifications of a witness to give opinion evidence, shall be made by motion in accordance with the Tribunal’s Rules and notice of same must be served on the other parties
60 days prior to the hearing, being Thursday, March 26, 2026	Experts Meeting
45 days prior to the hearing, being Friday, April 10, 2026	Agreed Statement of Facts
30 days prior to the hearing, Friday, April 24, 2026	Exchange of Witness Statements, summoned witness outlines, Expert Reports and Participant Statements
15 days prior to the hearing, Monday, May 11, 2026	Exchange of Reply Witness Statements (if any)
15 days prior to the hearing, Monday, May 11, 2026	Exchange of visual evidence (if any)
15 days prior to the hearing, Monday, May 11, 2026	Preparation of Joint Document Book
15 days prior to the hearing, Monday, May 11, 2026	Final Work Plan filed with the Tribunal
May 25, 2026	Hearing commences

ATTACHMENT 1: PARTIES/PARTICIPANTS

Parties:

1. Stonemount Developments Inc. - (Applicant/Appellant) Gerard C. Borean – Parente Borean LLP- Email: gborean@parenteborean.com

2. Essa (Township) Paula Lombardi - Siskinds LLP – Email: paula.lombardi@siskinds.com

Participants:

1. Brenda Marshall – Email: Brenda.Marshall@vcimentos.com

ATTACHMENT 2: ISSUES LIST

Joint Issues List of the Parties

OPINION ON THE ISSUES

The following joint issues have been identified by the parties:

1. Does the proposed development have appropriate regard to the matters of provincial interest set out in s. 2 of the Planning Act, including subsections 2(e), (f), (h), (i), (j), (l), (m), (n), (p) and (r), and, are such policies and figures consistent with the Provincial Planning Statement, 2024 (“PPS”), including PPS policies 2.1, 2.2.1, 2.3.1, 2.4.1, 3.1, 3.6, 6.1.1, 6.1.5, 6.1.6, 6.1.7, 6.1.11, 6.1.12, 6.1.13, and 6.2?

2. Does the proposed development, maintain the general intent and purpose of the Essa Official Plan, specifically those policies as set out in including policies 3.3, 4.0, 5.0, 9.1, 9.2, 9.3, 25.1, 25.2 and 27.2?

3. Does the proposed development represent good planning and in the public interest?

4. Is it the proposed change in zoning of the property from commercial to residential appropriate and does it represent good planning and in the public interest?

5. Is the commercial zoning applied to the property appropriate and represent good planning and in the public interest?

ATTACHMENT 3: ORDER OF EVIDENCE

1. Applicant/Appellant – Stonemount Developments Inc.
2. Essa Township
3. Reply of the Applicant/Appellant, if any.

Attachment to Sample Procedural Order

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.