Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 27, 2026
CASE NO.: OLT-25-000986
PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: 1000836172 Ontario Inc.
Subject: Consent
Description: Three consent applications seeking to sever three residential lots
Reference Number: B-18-25
Property Address: 199 Brien Ave
Municipality/UT: Essex/Essex
OLT Case No.: OLT-25-000986
OLT Lead Case No.: OLT-25-000986
OLT Case Name: 1000836172 Ontario Inc. v. Essex (Town)
BEFORE:
JEAN-PIERRE BLAIS
Friday, the 24th
VICE-CHAIR
day of April, 2026
THE TRIBUNAL ORDERS 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 3, 2026. The Tribunal has set aside 3 days for the hearing.
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 June 3 at 10:00am
The parties’ initial estimation for the length of the hearing is 3 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 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).
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.
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.
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.
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.
A party, participant, or witness who intends to submit document(s) to the Tribunal must include a declaration within each submitted document if generative AI was used to create or generate content. A declaration is not required if AI was used to merely suggest changes, provide recommendations, or critique content already created by a human who then considered and manually implemented the changes.
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 and the order in which they will be called. This list must be delivered on or before April 10, 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.
Expert witnesses in the same field shall have a meeting on or before April 24, 2026 and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts meeting the parties may prepare and file and Agreed Statement of Facts and Issues with the OLT case coordinator on or before April 27, 2026.
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 14 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.
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 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.
On or before May 4, 2026, the parties shall provide copies of their witness and expert witness statements to the other parties and to the OLT case co-ordinator.
On May 14, 2026, the parties shall confirm with the Tribunal if all reserved hearing dates are still required.
On or before May 4, 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.
Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence on or before May 14, 2026.
The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before May 22, 2026.
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.
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.
The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before May 22, 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.
All filings shall be submitted electronically unless otherwise directed. 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.
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.
This Member is not seized.
So orders the Tribunal.
BEFORE:
Name of Member:
Date:
TRIBUNAL REGISTRAR
“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.
ATTACHMENT 1 – PARTIES AND PARTICIPANTS
PARTIES
Appellant – 1000836172 Ontario Inc./2829580 Ontario Ltd.
Municipality – Town of Essex
PARTICIPANTS
TBD - Residents of the Town of Essex
ATTACHMENT 2 – ISSUES LIST
Are the proposed consents consistent with the Provincial Planning Statement, 2024?
Do the proposed consents have regard to the criteria set out in subsection 51(24) of the Planning Act, specifically subsections a) c) and f)?
Do the proposed consents represent "gentle density" and conform to the intent and purpose of the County of Essex Official Plan regarding Additional Dwelling Units, specifically Section 4.A.2.12?
Do the proposed consents represent the "continuation of an orderly development pattern" and conform to the intent and purpose of the Town of Essex Official Plan regarding Second Dwelling Units, specifically Section 6.4?
Do the proposed consents and intended uses comply with the provisions of the Town of Essex Zoning By-law, specifically Section 8.15 (Additional Dwelling Units), Section 11 (Parking Space Regulations), and Section 14 (Residential Districts - R1)?
Does the proposed supply and tandem configuration of onsite parking spaces represent practical and safe design, considering the reliance on vehicle "jockeying" by three distinct households per lot?
Is it reasonable to rely on Brien Avenue street parking to satisfy the practical parking requirements for residents and visitors of the proposed development?
Is the applicant's forecast of traffic generation sufficient, and does it adequately account for the additional vehicle movements resulting from the proposed density and tandem parking configuration?
Do the proposed onsite parking spaces, the required reversing movements, and the potential overflow street parking pose a hazard or create an unacceptable adverse impact on the public use, enjoyment, and safety of individuals accessing Bridlewood Optimist Park from the Brien Avenue access point?
Do the proposed consents constitute sound land use planning and are they in the public interest?
Do the proposed consents have regard to the matters of Provincial interest from the Planning Act specifically (h) the orderly development of safe and healthy communities?
Planning experts agreed on the list, with some minor modifications, additions and corrections
ATTACHMENT 3 – ORDER OF EVIDENCE
Appellant – 1000836172 Ontario Inc./2829580 Ontario Ltd.
Municipality – Town of Essex