Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
April 22, 2026
CASE NO(S).:
OLT-25-000641
PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Frias Holding Corporation
Subject:
Consent
Description:
Consent to sever property and develop two new residential Lots
Reference Number:
B 001-25
Property Address:
8 Victoria Street
Municipality/UT:
Caledon/Peel
OLT Case No.:
OLT-25-000641
OLT Lead Case No.:
OLT-25-000641
OLT Case Name:
Frias Holding Corporation v. Caledon (Town)
PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Frias Holding Corporation
Subject:
Consent
Description:
Consent to sever property and develop two new residential Lots
Reference Number:
B 002-25
Property Address:
8 Victoria Street
Municipality/UT:
Caledon/Peel
OLT Case No.:
OLT-25-000643
OLT Lead Case No.:
OLT-25-000641
OLT Case Name:
Frias Holding Corporation v. Caledon (Town)
Heard:
March 3, 2026 by Video Hearing
APPEARANCES:
Parties
Counsel
Frias Holdings Corporation
Rodney Gill
Town of Caledon
Paula Boutis
MEMORANDUM OF ORAL DECISION DELIVERED BY GREGORY J. INGRAM ON March 3, 2026 AND ORDER OF THE TRIBUNAL
Link to Order
INTRODUCTION
1The case before the Tribunal is regarding an appeal by Frias Holdings Corporation (“Applicant/Appellant”) pursuant to s. 53(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended (“Act”), regarding the refusal by the Town of Caledon’s (“Town”) Committee of Adjustment (“COA”) in February 2025, of two Consent to sever land applications. The Applications sought to create three lots from a 1.14 hectares (“ha”) property at 8 Victoria Street, in the Town of Caledon, Ontario (“Subject Site”). Following the launching of this appeal, the Appellant and the Town reached a resolution which resulted in one of the Consent Applications being withdrawn.
2The Parties agreed that the Applicant/Appellant would seek relief through a minor variance application to facilitate the single Consent now before the Tribunal. In December 2025, the COA conditionally approved the minor variance application for the Subject Site that permits an existing dwelling to remain on one parcel (“Retained Parcel”) and for the construction of a single detached dwelling on the second parcel (“Severed Parcel”) of land. The minor variance is conditional upon the approval of the Consent appeal before the Tribunal.
3The COA conditional approval permits a reduction in the required lot frontage and minimum lot area required in the Agricultural Zone (A1) of Zoning By-law 2006-50 (“ZBL”). The relief approved for the Severed Lot permits minimum lot frontage of 82.08 metres (“m”) instead of the required 120 m and a minimum lot area of .97 ha whereas 8 ha is required by the ZBL. The COA decision also permitted the Severed Lot to be subject to all Rural Residential zone uses, standards, and any other regulation related to this zone.
PRELIMINARY MATTERS
4Notice of these proceedings were issued on January 29, 2026. The Tribunal is satisfied that the Notice provides satisfactory evidence that proper notice of today’s hearing has been provided and, as such, no further notice is required. While the Consent Application has been altered from its original request, the Tribunal, under subsection 53(35.1) of the Act determined that no further notice was required.
5The Tribunal granted Participant status to Malcolm Campbell with the consent of the Parties. Participant Campbell lives in the area of the Subject Site and has a genuine planning related interest in this appeal. Participant Campbell’s application provided some historical context to the area and expressed concerns related to management of drainage in the area. The Parties said that the conditions of settlement address these concerns.
MINUTES OF SETTLEMENT
6The Minutes of Settlement confirmed and agreed to by the Parties would permit the following on the Subject Site:
i. Parties agree to present the revised Consent proposal (attached as Schedule ‘A’) and conditions (attached as Schedule ‘B’) to the Tribunal.
ii. Applicant/Appellant agreed to apply for a minor variance to facilitate the Consent to sever application which, if approved allow the existing dwelling to remain on the Retained Parcel and to allow a new dwelling to be constructed on the Severed Parcel in accordance with the ZBL. Conditional approval would be based on the Tribunal granting the Consent.
7Fifteen conditions are required to be met by the Applicant/Appellant in the Minutes of Settlement. In addition to specific approvals, fees and applications, the conditions include the following:
A development plan prepared by an Ontario Land Surveyor to show compliance with all applicable standards;
Detailed site grading plan showing existing and proposed grading to demonstrate that the development will not have an adverse impact on adjacent lands. Drainage is to be self-contained and directed to an acceptable outlet;
Storm Water Management brief confirmed by Development Engineering to establish pre and post development drainage levels; and,
Development Grading Agreement is required and confirmation that it has been fulfilled to the satisfaction of Development Engineering.
LEGISLATION
8A Consent Application requires an analysis of the following considerations:
I. The threshold question in accordance with s. 53(1) of the Act is that the Tribunal be satisfied that a plan of subdivision is not necessary for the proper and orderly development of the municipality and can proceed by way of application for Consent;
II. Under s. 53(12) of the Act, has regard for the criteria set out in s. 51(24) which includes, inter alia: that the proposed Consent has regard to the effect that the Consent will have on matters of Provincial interest set out in s. 2 of the Act; whether the proposed Consent is premature or in the public interest; whether the Consent conforms to the Region of Peel Official Plan (“RPOP”) and Town of Caledon Official Plan (“TCOP”);
III. As required by s. 3(5) of the Act, be satisfied that the approval of the proposed provisional Consent is consistent with the Provincial Planning Statement, 2024 (“PPS”);
IV. Has regard to the decision of the approval authority relating to the Consent application that is before the Tribunal and the information and material that was before the approval authority in making the decision;
V. Under s. 53(12) of the Act, consider and impose such conditions as may be determined to be reasonable, having regard to the nature of the proposed Consent, and such conditions may include such requirements as are set out in s. 51(25) of the Act; and
VI. Whether the giving of provisional Consent to the Applicant, with any required conditions, represents good planning in the public interest.
EVIDENCE
9In addition to the materials provided by the Town, the following were relied upon as evidence for the Hearing:
a. Exhibit 1: Notice Issued by Tribunal, January 29, 2026
b. Exhibit 2: Affidavit and Witness Statement of Andrew Walker (Minutes of Settlement included)
c. Exhibit 3: Book of Documents
10The Tribunal qualified Andrew Walker to provide opinion evidence in land use planning. Planner Walker is a Registered Professional Planner, a full member of the Canadian Institute of Planners, and the Ontario Professional Planners Institute. The Planner’s evidence supports the Minutes of Settlement agreed to by the Parties.
11Planner Walker provided a complete, uncontested written and oral analysis of the planning merits of the Consent Application agreed to in the Minutes of Settlement. The Planner opines that they are consistent with the PPS, have regard for matters of provincial interest in s. 2 of the Act, conform with the RPOP and TCOP, reflect good planning and is in the public interest.
12Regarding “matters of provincial interest” as set out in s. 2 of the Act, Planner Walker reviewed each criterion and provided detailed analysis with respect to the Consent Application. The Planner specifically indicated that the Consent represents orderly development, supports the efficient use of existing municipal services and will be a built form that is well-designed and encourages a sense of place.
13Planner Walker opined that the Consent is consistent with the PPS and provided analysis to support this position. Briefly summarized, the Planner opined that the Consent provides a “supply and mix of housing options”, supports “focused growth and development within a rural settlement” by optimizing the use of the Subject Site, and supports the well-being of the Town while utilizing planned and existing infrastructure and public services.
14Planner Walker proffered that the Consent Application conforms with the RPOP. Briefly summarized, the Planner indicated that the Consent supports the Region of Peel’s goals for growth and development through the optimization of existing services.
15Planner Walker indicates that the RPOP directs new population and employment growth to the Urban System on Schedule E-1, which is where the Subject Site is located while it also contributes to the range and mix of housing offered in the region. They also proffer that the Consent conforms with RPOP Policy 5.4 which supports the optimization of existing land supply by directing “growth to Delineated Built-up Areas through intensification.”
16Planner Walker opined that the proposed Consent conforms with the TCOP as the pattern of residential uses will be maintained given that the new lot will accommodate a single detached dwelling within the Settlement Area boundary.
17Planner Walker indicated that the Subject Site is designated “New Community Area” and “New Employment Area” while a portion of the site is located within the ‘Campbell’s Cross Transition Area’ in the TCOP. Planner Walker said that this designation permits “higher density than existing areas in Caledon [by] providing more housing on less land [with] smaller lot sizes.” They noted that no development is proposed on the portion of the severed lands located within the Campbell’s Cross Transition Area.
18Planner Walker indicated that the Consent conforms with Policy 23.6.2 a) of the TCOP in that the construction of a single, detached dwelling is consistent with existing uses.
19Planner Walker opines that the settlement plan maintains the general intent and purpose of the Town’s ZBL.
20Planner Walker indicated that the Subject Site has a split zoning of Rural Residential (“RR”) and Agricultural (“A1”) Zone “which requires a minimum lot area of 8ha and a minimum lot frontage of 120 metres.” In this case, Section 10.4.1 of the ZBL applies as it addresses undersized agricultural lots by making them subject to the RR zone provisions. Planner Walker said that the Subject Site is already undersized and does not meet the A1 zoning standards, which is why the minor variance was pursued and granted by the Town pending the outcome of the Consent appeal.
21Planner Walker indicated that the conditions agreed within the Minutes of Settlement are important, as they outline the building permit process and list other reports required that are related to drainage and grading. Planner Walker opined that they address the concerns raised by Participant Campbell and satisfied the test for good planning and supported the public interest. Planner Walker recommended that they be included in this Order should the Tribunal grant the appeal.
ANALYSIS/FINDINGS
22The Tribunal having heard the uncontested expert land use planning opinion evidence of Planner Walker, reviewed the Minutes of Settlement and considered the materials provided by the Town, granted an oral approval of the appeal and this decision confirms it in writing.
23The Tribunal finds that a plan of subdivision is not necessary in this instance and that the Consent creates the conditions for redevelopment that are consistent with the PPS, conform with the RPOP and TCOP, and maintain the intent of the ZBL. The Proposed Consent to sever represents good planning and is in the public interest as set out in Schedule A (Conceptual Service Plan) and through the Conditions in Schedule B below once they are fulfilled. The proposed conditions are reasonable.
24The Tribunal is satisfied that the drainage related concerns raised by the Participant Campbell have been addressed in this Settlement, as the Conditions specifically address grading and drainage for the Subject site.
25The Tribunal finds that increasing the number of residential lots in an established residential neighbourhood addresses several priorities set out in the RPOP, TCOP and in the PPS as outlined by Planner Walker.
ORDERS
26THE TRIBUNAL ORDERS THAT the appeal is allowed, and the provisional consent is to be given as per the Conceptual Severance Plan found at Schedule A below and subject to the fulfillment of the conditions set out in Schedule B to this Order.
“Gregory J. Ingram”
GREGORY J. INGRAM
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.
Schedule A
Schedule B
CONDITIONS
The following conditions have been requested by agencies and departments:
- That the Secretary-Treasurer receive confirmation from Legal Services indicating that the Applicant has provided the following items:
a. Draft Transfer prepared to the satisfaction of Legal Services for the subject consent application;
b. Signed Solicitor's Undertaking to provide the registered documents listed in (a) immediately after registration of the same.
That the Secretary-Treasurer receive draft reference plan(s) for approval by the Planning & Development Department and Legal Services.
That the Secretary-Treasurer and Legal Services receive an electronic copy of the deposited reference plan(s).
That the Secretary-Treasurer's Certificate fees shall be paid, in the amount current at the time of the issuance of the Secretary-Treasurer's Certificate.
That the Secretary-Treasurer receives a letter from the Zoning Administrator confirming that both the severed and retained parcels satisfy all applicable zoning by-law standards subject to any approved minor variances. The owner/agent must submit a development plan/draft reference plan (drawn to scale in metric) certified by an Ontario Land Surveyor showing sufficient detail for staff to assess compliance with all the applicable standards.
That the Secretary-Treasurer receive confirmation from the Town's Development Engineering Staff ("Development Engineering") that the applicant has provided a detailed site grading plan, which includes erosion and sediment control measures conforming to the Town Development Engineering Standards. The site grading plan is to include sufficient existing and proposed grades to determine the drainage pattern for the site and to demonstrate that the development will not have adverse impact to adjacent lands. Drainage from the development is to be self-contained and is to be directed to an acceptable outlet.
That the Secretary-Treasurer receive confirmation from Development Engineering that the applicant has provided a Draft R-Plan showing property to be severed and property to be retained.
That the Secretary-Treasurer receive confirmation from Development Engineering that the applicant is to provide a Storm Water Management brief. This is required to establish pre and post development drainage levels.
That the Secretary-Treasurer receive confirmation from Development Engineering whether the applicant is required to provide a lot grading security deposit of $7,500.00. Development Engineering will confirm if a security deposit is required through review of the detailed submission documents. Should it be required, it will be released once all site works have been completed, Engineering Certification is provided to the Town confirming the lot has been developed in accordance with the approved Site Grading Plan, and an inspection has been completed by Development Engineering.
If the Secretary-Treasurer is advised by Development Engineering that a Development Grading Agreement is required, that the Secretary-Treasurer receive confirmation that the applicant has entered into a Development Grading Agreement and undertake the grading works to establish the proper grading and drainage of the lots including, but not limited to grading works and drainage swales, as required for the lots in accordance a grading and servicing plan, all to the satisfaction of Development Engineering.
That the Secretary-Treasurer receive a cheque made payable to the Town of Caledon for cash-in-lieu of parkland in accordance with Section 53(13) of the Planning Act and the Town’s Parkland Dedication Bylaw, as enacted and amended from time-to-time. The value of the lands shall be determined through a concise narrative appraisal report prepared for The Corporation of the Town of Caledon for the purposes of calculating the amount of payment in lieu of conveyance of parkland. The concise narrative appraisal report shall be prepared by a qualified appraiser who is a member in good standing of the Appraisal Institute of Canada, for Town review and approval.
That the Secretary-Treasurer receive written confirmation from the Town’s Finance Services Department that there are no financial obligations outstanding.
That, prior to the issuance of the Secretary-Treasurer’s Certificate, the Secretary-Treasurer receive written confirmation from Town of Caledon Heritage staff that the Town has received the Ministry of Citizenship and Multiculturalism (MCM) compliance letter for the archaeological assessment of the subject lands.
That the Secretary-Treasurer receive confirmation from Town of Caledon, Municipal Numbering staff that the applicant has submitted the necessary documentation (concept/reference plan), that the proposed new driveways/entrances have been staked, that the new driveways/entrances have been approved by the Town, that the required payment for a municipal numbers has been received and that municipal numbering staff has confirmed and issued an address for both the severed and retained parcels, all to the satisfaction of the Town.
That the Secretary-Treasurer receive written confirmation that arrangements satisfactory to the Region of Peel, Public Works have been made with respect to the location of existing and installation of new services and/or possible required private and or municipal service easements.