Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 21, 2026
CASE NO.: OLT-23-001023 Formerly PL150303 OLT-24-000470
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Shoal Bayly Ontario Inc.
Subject: Request to amend the Official Plan - Failure of the Town of Ajax to adopt the requested amendment
Description: To permit the development of a mix of 660 residential units, a school block, park block, stormwater infiltration/management block, and environmental protection block.
Reference Number: OPA 2014-006
Property Address: 727 Shoal Point Road
Municipality/UT: Ajax/Durham
OLT Case No: OLT-23-001023
Legacy Case No: PL150459
OLT Lead Case No: OLT-23-001023
Legacy Lead Case No: PL150303
Case Name: Magnum Opus Developments (Ajax) Corp. v. Durham (Regional Municipality)
PROCEEDING COMMENCED UNDER section 17(40) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Shoal Bayly Ontario Inc.
Subject: Failure of the Region of Durham to announce a decision respecting Proposed Official Plan Amendment No. OPA 2014-006
Description: To permit the development of a mix of 660 residential units, a school block, park block, stormwater infiltration/management block, and environmental
Property Address: 727 Shoal Point Road
Municipality/UT: Ajax/Durham
OLT Case No: OLT-23-001042
OMB File No.: PL150303
OLT Lead Case No: OLT-23-001023
Legacy Lead Case No: PL150303
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Shoal Bayly Ontario Inc.
Subject: Application to amend Zoning By-law No. 95-2003 - neglect of the Town of Ajax to make a decision
Description: To permit the development of a mix of 660 residential units, a school block, park block, stormwater infiltration/management block, and environmental protection block.
Reference Number: Z2/11
Property Address: 727 Shoal Point Road
Municipality/UT: Ajax/Durham
OLT Case No: OLT-23-001043
Legacy Case No: PL150460
OLT Lead Case No: OLT-23-001023
Legacy Lead Case No: PL150303
PROCEEDING COMMENCED UNDER section 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Shoal Bayly Ontario Inc.
Subject: Proposed Plan of Subdivision - Failure of the Town of Ajax to make a decision
Description: To permit the development of a mix of 660 residential units, a school block, park block, stormwater infiltration/management block, and environmental protection block.
Property Address: 727 Shoal Point Road
Municipality/UT: Ajax/Durham
OLT Case No: OLT-23-001042
Legacy Case No: PL150461
OLT Lead Case No: OLT-23-001023
Legacy Lead Case No: PL150303
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Shoal Bayly Ontario Inc.
Subject: Site Plam
Description: Application for three site plan control approval
Property Address: 727 Shoal Point Road
Municipality/UT: Ajax/Durham
OLT Case No: OLT-24-000470
OLT Lead Case No: OLT-24-000470
Case Name: Shoal Bayly Ontario Inc. v. Ajax (Town)
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Shoal Bayly Ontario Inc.
Subject: Site Plam
Description: Application for three site plan control approval
Property Address: 727 Shoal Point Road
Municipality/UT: Ajax/Durham
OLT Case No: OLT-24-000471
OLT Lead Case No: OLT-24-000470
Case Name: Shoal Bayly Ontario Inc. v. Ajax (Town)
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Shoal Bayly Ontario Inc.
Subject: Site Plam
Description: Application for three site plan control approval
Property Address: 727 Shoal Point Road
Municipality/UT: Ajax/Durham
OLT Case No: OLT-24-000472
OLT Lead Case No: OLT-24-000470
Case Name: Shoal Bayly Ontario Inc. v. Ajax (Town)
BEFORE:
T.F. NG
Tuesday, the 21st
VICE-CHAIR
day of April, 2026
THE TRIBUNAL ORDERS that further to the Decision issued on April 9, 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 June 8, 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”
ISSUE DATE: April 21st, 2026 CASE LEAD NO.: OLT-23-001023/ OLT-24-000470
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Shoal Bayly Ontario Inc.
Subject: Request to amend the Official Plan - Failure of the Town of Ajax to adopt the requested amendment
Description: To permit the development of a mix of 660 residential units, a school block, park block, stormwater infiltration/management block, and environmental protection block.
Reference Number: OPA 2014-006
Property Address: 727 Shoal Point Road
Municipality/UT: Ajax/Durham
OLT Case No: OLT-23-001023
Legacy Case No: PL150459
OLT Lead Case No: OLT-23-001023
Legacy Lead Case No: PL150303
Case Name: Magnum Opus Developments (Ajax) Corp. v. Durham (Regional Municipality)
PROCEEDING COMMENCED UNDER section 17(40) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Shoal Bayly Ontario Inc.
Subject: Failure of the Region of Durham to announce a decision respecting Proposed Official Plan Amendment No. OPA 2014-006
Description: To permit the development of a mix of 660 residential units, a school block, park block, stormwater infiltration/management block, and environmental
Property Address: 727 Shoal Point Road
Municipality/UT: Ajax/Durham
OLT Case No: OLT-23-001042
OMB File No.: PL150303
OLT Lead Case No: OLT-23-001023
Legacy Lead Case No: PL150303
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Shoal Bayly Ontario Inc.
Subject: Application to amend Zoning By-law No. 95-2003 - neglect of the Town of Ajax to make a decision
Description: To permit the development of a mix of 660 residential units, a school block, park block, stormwater infiltration/management block, and environmental protection block.
Reference Number: Z2/11
Property Address: 727 Shoal Point Road
Municipality/UT: Ajax/Durham
OLT Case No: OLT-23-001043
Legacy Case No: PL150460
OLT Lead Case No: OLT-23-001023
Legacy Lead Case No: PL150303
PROCEEDING COMMENCED UNDER section 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Shoal Bayly Ontario Inc.
Subject: Proposed Plan of Subdivision - Failure of the Town of Ajax to make a decision
Description: To permit the development of a mix of 660 residential units, a school block, park block, stormwater infiltration/management block, and environmental protection block.
Property Address: 727 Shoal Point Road
Municipality/UT: Ajax/Durham
OLT Case No: OLT-23-001042
Legacy Case No: PL150461
OLT Lead Case No: OLT-23-001023
Legacy Lead Case No: PL150303
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Shoal Bayly Ontario Inc.
Subject: Site Plam
Description: Application for three site plan control approval
Property Address: 727 Shoal Point Road
Municipality/UT: Ajax/Durham
OLT Case No: OLT-24-000470
OLT Lead Case No: OLT-24-000470
Case Name: Shoal Bayly Ontario Inc. v. Ajax (Town)
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Shoal Bayly Ontario Inc.
Subject: Site Plam
Description: Application for three site plan control approval
Property Address: 727 Shoal Point Road
Municipality/UT: Ajax/Durham
OLT Case No: OLT-24-000471
OLT Lead Case No: OLT-24-000470
Case Name: Shoal Bayly Ontario Inc. v. Ajax (Town)
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Shoal Bayly Ontario Inc.
Subject: Site Plam
Description: Application for three site plan control approval
Property Address: 727 Shoal Point Road
Municipality/UT: Ajax/Durham
OLT Case No: OLT-24-000472
OLT Lead Case No: OLT-24-000470
Case Name: Shoal Bayly Ontario Inc. v. Ajax (Town)
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.
Organization of the Hearing
- The video hearing will begin on Monday, June 8, 2026 at 10:00 a.m. as directed in the Tribunal's Decision and Order.
Log in details:
https://global.gotomeeting.com/join/660145013 Access code: 660-145-013
You can connect to the call by dialling 1-888-299-1889 (Toll Free) or +1 (647) 497-9373.The access code is 660-145-013
The Parties’ initial estimation of 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. The procedural order deadlines are generally found in Attachment 1.
The Parties and Participants identified at the Case Management Conference are listed in Attachment 2 to this Order.
The issues are set out in the Issues List attached as Attachment 3 to this Order. The Parties will attempt to resolve the issues prior to the hearing on the merits of the appeal. There will be no changes to the Issues List unless the Tribunal permits, and a Party who asks for changes may have costs awarded against it. However, issues may be removed as matters are resolved and issues may be revised in response to changes to the proposed developments.
The order of evidence is 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.
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.
If the hearing is to proceed electronically, 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 (https://olt.gov.on.ca/wp-content/uploads/2023/02/Video-Hearing-Guide.html).
Requirements Before the Hearing
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, the expert witness(es)' curriculum vitae, and the order in which the witnesses are intended to be called. This list must be delivered on or before April 13, 2026. For expert witnesses, a Party is to identify the area of expertise in which the witness is proposed 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 on or before April 17, 2026.
Expert witnesses in the same discipline(s) shall have at least one meeting on or before May 1, 2026 to try to resolve or reduce the issues for the hearing. The experts shall prepare a list of any agreed facts and the remaining issues to be addressed at the hearing, and provide this list to all of the Parties and the Tribunal on or before May 15, 2026 if this meeting takes place and if agreement is reached.
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, and the curriculum vitae and Acknowledgment of Expert Duty Form. Copies must be provided as in paragraph 14. 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. For greater certainty, each expert witness statement must comply with the minimum content requirements specified in Rule 7 of the Tribunal’s Rules of Practice and Procedure. If the expert witness has prepared any report(s) that they intend to rely on at the hearing, and which did not form part of the submissions made to the City, such report(s) shall be provided to the other Parties at the same as the delivery of expert witness statements, as in paragraph 14.
A participant must provide to the Tribunal and the Parties a participant statement on or before May 11, 2026. Participants are only permitted to provide written evidence to the Tribunal, excepted as permitted by the Ontario Land Tribunal Act, 2021 and the Tribunal's Rules of Practice and Procedure.
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 14.
On or before May 11, 2026, the Parties shall provide copies of their expert witness statements to the other Parties.
On or before May 29, 2026, the Parties shall advise the Tribunal of whether any hearings dates scheduled for this matter may be released from the Tribunal's calendar. This request may only be made on consent of all of the Parties. If no hearing dates are intended to be released from the Tribunal's calendar at that time, no Party is required to advise the Tribunal anything further in that regard.
On or before May 22, 2026, the Parties may provide to all other Parties a written response to any written evidence.
A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. Such a motion shall be in accordance with the Tribunal’s Rule 10, which requires that the moving Party provide copies of the motion to all other Parties at least 15 days before the Tribunal hears the motion.
The Parties shall prepare and provide to the Tribunal a Joint Document Book on or before May 29, 2026. All Parties must be served with the Joint Document Book in paper or an accessible electronic format in accordance with paragraph 22.
On or before June 1, 2026, the Parties shall provide copies of their visual evidence to all of the other Parties. The Tribunal and all Parties shall be notified if a model will be used, all Parties must have a reasonable opportunity to view it before the scheduled commencement of the hearing.
A Party who provides a witness’ written evidence 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.
On or before June 1, 2026, the Parties shall prepare and file a detailed Work Plan that identifies the following, at a minimum: the identified Parties participating in the Hearing Event, preliminary matters (if any to be addressed), the date a witness is intended to attend the Tribunal, the identified witness name/expertise, and the approximate time allotted for Examination in Chief, Cross Examination and any re-examination (if any) (the “Work Plan”). The Work Plan should guide the Hearing Event, and any and all witnesses shall be available on the identified date(s), unless otherwise directed by the Tribunal. The Tribunal may, at its discretion, change or alter the Work Plan throughout the Hearing Event.
All filing of documents and materials shall be electronic to the Tribunal, the Parties and Participants (if any). 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 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. Paragraph 22 applies regardless if the hearing event is in-person or electronic.
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.
The Tribunal may conduct mediation on consent of all Parties, on consent of those Parties who wish to participate in mediation, or if the Tribunal sees fit.
The purpose of this Procedural Order and the meaning of the terms used in this Procedural Order are set out in Attachment 5.
ATTACHMENT 1
SUMMARY OF DATES
DATE
EVENT
April 13, 2026
Exchange of witness lists (names, disciplines and order to be called)
April 17, 2026
Last date to challenge identification of expert witness
May 1, 2026
Experts meeting prior to this date
May 11, 2026
Exchange of Witness Statements, summoned witness outlines, and Participant Statements
May 15, 2026
Agreed Statement of Facts
May 22, 2026
Exchange of Reply Witness Statements (if any)
May 29, 2026
Parties to Advise Tribunal if any hearing dates are to be released from the hearing calendar (if any)
May 29, 2026
Finalize Supplementary Joint Document Book
June 1, 2026
Exchange of visual evidence (if any) and filing of final Work Plan filed with the Tribunal
June 8, 2026
Hearing commences
ATTACHMENT 2
LIST OF PARTIES AND PARTICIPANTS
Parties
- Shoal Bayly Ontario Inc.
Davies Howe LLP The Tenth Floor 425 Adelaide St. W. Toronto, ON M5V 3C1
John Alati Email: johna@davieshowe.com Tel: 416.263.4509
Michael Cook Email: michaelc@davieshowe.com Tel: 416.263.4515
- Town of ajax
Ritchie Ketcheson Hart & Biggart LLP 1 Eva Rd. Toronto, ON M9C 4Z5
Andrew Biggart Email: abiggart@ritchieketcheson.com Tel: 416-622-6601
- The Regional Municipality of Durham
605 Rossland Road E. Whitby, ON L1N 6A3
Robert Woon Email: robert.woon@durham.ca Tel: 905-668-7711 ext. 3867
- Daste Investments (Bayly) Ltd. and Finchrose Development Corporation
Dentons Canada LLP
Toronto Dominion Centre
77 King St. W., Suite 400
Toronto, ON M5K 0A1
Katarzyna Sliwa Email: kat.sliwa@dentons.com Tel: 416.863.4628
Max Reedijk Email: max.reedijk@dentons.com Tel: 416.863.4726
ATTACHMENT 3
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 and shall not be construed as the Tribunal have jurisdiction over such matters in each circumstance. Accordingly, no Party shall advance an issue not identified on the Issues List without leave of the Tribunal.
A. Shoal Bayly Ontario Inc.
- If the draft plan of subdivision is to be approved, what are the appropriate conditions of approval?
B. Town of Ajax
- Will the owner agree to the following existing condition of draft approval, as required by the Town:
Where the Owner benefits from works undertaken by others, such as but not limited to, the installation of services and the construction of future Marjoram Drive/Leney Street extension, the Owner agrees that prior to registration, the Owner shall enter into a Landowner’s Cost Sharing Agreement and provide the Town of Ajax with written acknowledgement from the trustee that the Owner has signed the Agreement, is in good standing, made or secured or offset the payments. Alternatively, the Owner shall provide to the Town of Ajax, in a form satisfactory to the Town of Ajax, prior to registration, a summary of the actual cost of the shared services and the amount of the actual cost applicable to the Owners lands, and shall demonstrate to the Town of Ajax’s satisfaction that the Owners are in good standing having made or secured or offset the required payments.
- Will the owner agree to the following revised condition of draft approval, as required by the Town:
That dwelling units facing the future Marjoram Drive/Leney Street extension located within Blocks 67 and 68 be provided with direct access to a pedestrian sidewalk located within the public right-of-way directly north of these dwelling units prior to their occupancy.
- Will the owner agree to the following Town of Ajax Green Standard requirements as conditions of draft approval, as required by the Town:
The Owner covenants and agrees to submit a completed Ajax Green Standard Checklist to the satisfaction of the Town. Further, the Owner covenants and agrees, through the required Subdivision Agreement, to construct the development in accordance with the completed Ajax Green Standard Checklist to ensure that the sustainability design metrics are implemented to the satisfaction of the Town.
The Owner covenants and agrees to submit a Construction and Demolition Waste Management Plan to the satisfaction of the Town. Further, the Owner covenants and agrees, through the required Subdivision Agreement, to provide a Post-Construction and Demolition Waste Diversion Report in accordance with the Construction and Demolition Waste Management Plan to demonstrate that construction and demolition waste diversion has been achieved in accordance with the approved plan and to the satisfaction of the Town.
The Owner covenants and agrees, through the execution of the required Subdivision Agreement, to provide the applicable performance guarantee to secure the works for the implementation of all sustainability design metrics, energy efficiency, and construction and demolition waste management measures.
The Owner covenants and agrees, through the execution of the required Subdivision Agreement, to fulfill and implement all recommendations provided within the Environmental Impact Study, and any revisions thereto, to the satisfaction of the Town.
The Owner covenants and agrees, through the execution of the required Subdivision Agreement, to fulfill and implement all recommendations provided within the Stormwater Management Report, and any revisions thereto, to the satisfaction of the Town. The Owner further covenants and agrees, through the execution of the required Subdivision Agreement, to fulfill the removal of total phosphorus and all measures identified within the Stormwater Management Report, as it relates to water quality and quantity control, to the satisfaction of the Town.
- Will the owner agree to the following existing condition of draft approval, as imposed by the Town, to ensure that the 3.05 metre widening is applied accurately to Lots 1-4 on the draft plan:
The Owner agrees to convey to the Town of Ajax, at no cost and free of encumbrance, a 3.05 metre widening of Shoal Point Road (Block 75) and a daylighting triangle at the westerly end of Marjoram Drive/Leney Street extension as part of the first registration of the Plan.
Should Block 68 be redesigned to provide appropriate access for Fire and Emergency Services, and, if so, how should it be redesigned?
Can a permanent grading solution be achieved to ensure that the grade difference between Block 67 and the future Marjoram Drive/Leney Street extension is addressed appropriately, thereby ensuring that any dwelling units within Block 67 that face the future Marjoram Drive/Leney Street extension are directly connected to a pedestrian sidewalk located along the south side of the future Marjoram Drive/Leney Street extension?
Is the proposed bioretention system (Block 72) sized sufficiently to provide the necessary stormwater management design solution for the entire draft plan?
C. Region of Durham
Do the applications have regard for matters of provincial interest identified in the Planning Act, particularly sections 2 (f), (h), (o), (q), and (r)?
Are the applications consistent with the Provincial Policy Statement, 2020, particularly policies 1.1.1 (c) and (g), 1.2.1 (a) and (d), 1.6.7 and 3.2.2?
Do the applications conform to A Place to Grow, the Growth Plan for the Greater Golden Horseshoe, Office Consolidation, 2020, particularly policies 2.2.1.4 (d)(i) and 3.2.2.?
Do the applications conform to, and meet the overall goals, objectives and intent of the Region of Durham Official Plan (May 26, 2020 Consolidation), particularly policies 1.3.1 (g) and (k), 2.3.5 e), 2.3.41, 6.2.1, 8B.2.3 c) and d), 11.1.1, 11.3.3, 11.3.34, 14.5.3, 14.7.2 a) and b)?
Does the proposed plan of subdivision satisfy the criteria of subsection 51(24) of the Planning Act, particularly sections 51(24)(a),(c) and (e)?
Do the proposed intersection improvements at the Bayly Street/Shoal Point Road intersection satisfy the recommendations of the Transportation Impact Study (prepared by GHD, December 2023) for auxiliary lane requirements to the satisfaction of the Town of Ajax and the Regional Municipality of Durham?
Will the improvements at the Bayly Street/Shoal Point Road intersection preserve or replace the existing in-boulevard multi-use path along the south side of Bayly Street, including a crossride on the south leg of the intersection?
Are the planned upgrades to Shoal Point Road and the proposed collector road network appropriate in place of the formerly planned Shoal Point Road re-alignment?
Can traffic generated from the proposed development be accommodated by the existing, approved and proposed road network when considering the density of the proposed development and of adjacent existing and approved development?
What are the appropriate conditions of draft approval for the plan of subdivision?
D. Daste Investments (Bayly) Ltd. and Finchrose Development Corporation
Do the applications conform to Policies 2.5.2.2(a)(iii), 2.5.2.2(l), and 2.5.2.4(b)(ii) of the Town of Ajax Official Plan?
If the applications are approved, is it appropriate to include conditions of draft plan approval that require access and/or frontage on and cost-sharing for Leney Street? If so, how should the conditions be worded? In the alternative, are other mechanisms, such as a Holding Symbol in the Zoning By-law Amendment, appropriate to require access and/or frontage on Leney Street and cost-sharing for Leney Street?
ATTACHMENT 4
ORDER OF EVIDENCE
NOTE: Where Parties of like interest have issues in common, they shall make reasonable efforts to coordinate their examinations-in-chief and cross-examinations so as to minimize any duplication or overlap of evidence.
Shoal Bayly Ontario Inc.
Town of Ajax
Region of Durham
Daste Investments (Bayly) Ltd. and Finchrose Development Corporation
Reply by Shoal Bayly Ontario Inc.
ATTACHMENT 5
Purpose of the Procedural Order and Meaning of Terms
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. If an unincorporated group wishes to become a Party, 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 authorization 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, must ask the Tribunal to permit this.
Participant is an individual, group or corporation, whether represented by a lawyer or not, who may attend only part of the proceeding but who makes a written statement to the Tribunal on all or some of the issues in the hearing in accordance with Rule 7.7 of the Tribunal’s Rules of Practice and Procedure. Paragraph 17 of the Ontario Land Tribunal Act, 2021 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.
Written and Visual Evidence:
Written evidence includes all written material, reports, studies, documents, letters and witness statements which a Party 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 intends to present as evidence at the hearing.
Witness Statements:
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 the witness will discuss and the witness’ opinions on those issues; and a list of reports that the witness will rely on at the hearing.
An expert witness statement should include the expert’s (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 for the opinions and (5) a list of reports that the witness will rely on at the hearing.
A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a list of the issues which the participant will address and a short outline of the evidence on those issues; and a list of reports, relied upon, if any, which the participant will provide to the Tribunal for consideration of the written statement at the hearing.
Additional Information:
Summons: A Party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons. This request must be made before the time that the list of witnesses is provided to the Tribunal and the Parties (see Rule 13 on the summons procedure). If the Tribunal requests it, an affidavit must be provided indicating how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the affidavit, it will require that a motion be heard to decide whether the witness should be summoned.
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.