Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 24, 2026
CASE NO(S).: OLT-25-000626
PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Town of Caledon
Applicant: Joe Petrella
Subject: Minor Variance
Description: To permit the existing use of subject lands for heavy vehicle operations and support facilities
Reference Number: A 039-25
Property Address: 12404 Airport Rd L7C 2W1
Municipality/UT: Caledon/Peel
OLT Case No.: OLT-25-000626
OLT Lead Case No.: OLT-25-000626
OLT Case Name: Caledon (Town) v. Petrella
Heard: April 08, 2026 by video hearing
APPEARANCES:
Parties
Counsel
Town of Caledon
Stephen Chisholm Ben Nielson
Joe Petrella
Ian Flett
MEMORANDUM OF ORAL DECISION DELIVERED BY CARMINE TUCCI ON APRIL 08, 2026 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The matter before the Tribunal was with respect to the decision of the Town of Caledon (“Town”) Committee of Adjustment’s (“CoA”) approval of a Minor Variance Application (“Application”) by Joe Petrella (“Applicant”).
2The Application seeks relief from the Zoning By-law to permit the existing use of the subject lands for the parking, storage, dispatch, inspection, and maintenance of heavy trucks and equipment, including a fuel dispensing station and accessory office, which is not permitted in the A1 Agricultural Zone.
3Planning staff recommended refusal, finding the Application fails to meet the tests under ss. 45(1) and 45(2) of the Planning Act. Planning staff determined that adding a Transportation Depot use through a minor variance is inappropriate, not minor, that the use was never legally established, and that it does not conform with the Town’s Official Plan or Zoning By‑law.
4The CoA approved the Application subject to the following conditions:
- That the extent of the variance be limited to the area shown on the sketch attached to the CoA’s Notice of Decision;
- That the Applicant fence the existing fuel pump island and open storage area facing Airport Road in accordance with the sketch attached to the CoA’s Notice of Decision; and
- That failure to comply with or maintain the CoA’s conditions shall render the approval null and void.
5At the onset of this hearing, the Tribunal was informed that the Town had proposed a settlement to the Applicant for their consideration. The scheduled merit hearing was converted to a case management conference.
6On consent, the Parties agreed that an additional date should be scheduled to provide updates to the Tribunal regarding the possibility of presenting a settlement or that a hearing on the merits will be held.
FUTURE HEARING
7The Tribunal scheduled a hearing of these appeals to proceed by video on Friday, May 15, 2026 at 10 a.m.
8Parties 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/638422541
Access code: 638-422-541
9Parties 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
10Persons 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: 638-422-541.
11Individuals 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.
12As 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.
ORDER
13The Tribunal Orders the above directives.
14No further notice is required and none will be given.
15This Member is not seized.
“Carmine Tucci”
CARMINE TUCCI
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.