Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 1, 2026
CASE NO(S).: OLT-25-000861
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Nachurs Alpine Solutions Inc.
Subject: Proposed Official Plan Amendment No.
Description: To facilitate the construction of 667 residential units in the form of single detached dwellings, townhomes and other multiple residential buildings
Reference Number: OPA 01/24
Property Address: Part Lot 19, Con S of Snyder's Road, RP 58R21129 Parts 5-11
Municipality/UT: Township of Wilmot/Region of Waterloo
OLT Case No.: OLT-25-000861
OLT Lead Case No.: OLT-25-000861
OLT Case Name: Nachurs Alpine Solutions Inc. v. Wilmot (Township)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Nachurs Alpine Solutions Inc.
Subject: Proposed Official Plan Amendment No.
Description: To facilitate the construction of 667 residential units in the form of single detached dwellings, townhomes and other multiple residential buildings
Reference Number: ZCA 02/24
Property Address: Part Lot 19, Con S of Snyder's Road, RP 58R21129 Parts 5-11
Municipality/UT: Township of Wilmot/Region of Waterloo
OLT Case No.: OLT-25-000862
OLT Lead Case No.: OLT-25-000861
OLT Case Name: Nachurs Alpine Solutions Inc. v. Wilmot (Township)
PROCEEDING COMMENCED UNDER subsection 51(39) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Nachurs Alpine Solutions Inc.
Subject: Proposed Official Plan Amendment No.
Description: To facilitate the construction of 677 residential units in the form of single detached dwellings, townhomes and other multiple residential buildings
Reference Number: SUB 30T-24601
Property Address: Part Lot 19, Con S of Snyder's Road, RP 58R21129 Parts 5-11
Municipality/UT: Township of Wilmot/Region of Waterloo
OLT Case No.: OLT-25-000863
OLT Lead Case No.: OLT-25-000861
OLT Case Name: Nachurs Alpine Solutions Inc. v. Wilmot (Township)
PROCEEDING COMMENCED UNDER subsection 9(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6
Request by: Nachurs Alpine Solutions Inc.
Motion for: An order to amend forms
Heard: April 27, 2026, in Writing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Nachurs Alpine Solutions Inc. ("Appellant") | Andrew Jeanrie |
| Cachet Developments (NH) Inc. ("Applicant") | John Alati |
| Township of Wilmot ("Township") | Steven O’Melia |
| Stremma Developments (Baden Southeast) Inc., and Stremma Developments (Baden Southwest) Inc. | Peter Van Loan |
DECISION DELIVERED BY T.F. NG AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is a Motion in writing filed by the Appellant to correct forms to A1 and M1 in the proceedings.
2The Appellant has filed appeals against the Applicant’s applications to the Township with respect to the Applicant’s proposed development to construct 667 residential units of single detached dwellings, townhomes, and multiple residential buildings at Part Lot 19, Con S of Snyder’s Road, RP 58R21129 Parts 5-11, in the Township (“subject property”).
Discrepancy of appeal sections in Form M1 and Form A1
3At the first Case Management Conference, the Tribunal noted that there was a discrepancy in the sections referred to in M1 Form and A1 Form. M1 Form described the appeals as being under ss. 17(36), 34(19), and 51(39) of the Planning Act, while A1 Form described the appeals as being under ss. 17(24), 34(19), and 51(43) of the Act.
4Appellant’s Counsel with the consent of other Parties, has filed this motion to make corrections to the forms.
Motion
5The motion is for an Order pursuant to Rule 10 of the Tribunal's Rules of Practice and Procedure permitting the amendment of the A1 Form filed on October 27, 2025 ("A1 Form"); and an Order pursuant to Rule 10 of the Tribunal's Rules of Practice and Procedure permitting amendment of the M1 Form filed on November 7, 2025 ("M1 Form"), and such further or other relief as counsel may advise and the Tribunal may deem appropriate.
Grounds
6The A1 Form and the M1 Form were filed with the Tribunal pursuant to the requirements of Rule 5.2 of the Tribunal's Rules of Practice and Procedure.
7As filed, the A1 Form and the M1 Form contain inconsistencies regarding the section references under the Planning Act for the applicable appeals.
8Appellant seeks an Order permitting the following amendments to the Forms to rectify these inconsistencies:
- A1 Form: Replace the reference to Section 51(43) of the Planning Act with Section 51(39) of the Planning Act.
- M1 Form: Replace the reference to Section 17(36) of the Planning Act with Section 17(24) of the Planning Act.
9Appellant relies on Sections 12(1), 12(2), 13(1) of the Ontario Land Tribunal Act, 2021, as well as Rules 5.2 and 7.8 of the Tribunal’s Rules of Practice and Procedure.
10Section 12 of the Ontario Land Tribunal Act, 2021 requires the Tribunal to adopt any practices or procedures in the rules or otherwise, that, in its opinion, offer the best opportunity for a fair, just and expeditious resolution to the merits of the proceedings. Rule 7.8 of the Tribunal’s Rules of Practice and Procedure stipulates that documents filed with the Tribunal may only be amended with the consent of the parties or by order of the Tribunal. Rule 7.8 further provides that the Tribunal may require the requesting party to bring a motion to seek such amendments.
11Section 51(43) of the Planning Act relates to appeals of conditions of subdivision approval which can be filed any time prior to approval of the final plan of subdivision.
12Section 51(39) of the Planning Act provides a wider jurisdiction for an appeal of a plan of subdivision, including the ability to appeal the subdivision itself, any lapsing provision, or any of the conditions of approval.
13The appeal before the Tribunal is focused on land use compatibility concerns and includes issues relating to the conditions of the subdivision approval, as well as the appropriateness of some of the underlying land use permissions that are being proposed. As such, the parties have agreed that the appeal is best filed pursuant to Section 51(39) of the Planning Act and that A1 Form should be amended to align with M1 Form in this regard.
14Section 17(36) of the Planning Act relates to the appeals of official plan amendments that are approved by the municipality and then are sent to a higher tier "approval authority".
15Section 17(24) of the Planning Act relates to appeals from a decision of council that does not then have to be forwarded to a separate approval authority.
16The Region of Waterloo used to be the approval authority for a section 17 official plan amendment adopted by the Township, but this is no longer the case.
17As such, the appropriate provision to include in M1 Form for the appeal of the official plan amendment is section 17(24) of the Planning Act to be consistent with what is set out in A1 Form.
18It is respectfully submitted that the Tribunal's use of its power pursuant to Rule 7.8 of the Tribunal’s Rules of Practice and Procedure to allow for the amendment to the A1 Form and the M1 Form to align them would be the best opportunity for a fair, just and expeditious resolution of the merits of the proceedings.
19At the Case Management Conference on March 5, 2026, the Tribunal requested the Appellant to proceed with a motion in writing to align the A1 Form and M1 Form.
20The Parties to the appeal have consented to the amendment of the A1 Form and M1 Form as set out in this motion to ensure consistency and clarity in the matter before the Tribunal.
DISPOSITION
21The Tribunal acknowledges that there were no responses filed by any Party to the Motion. In fact, Parties to the proceedings have expressly stated that they consent to the motion to amend those forms and will not be filing any response.
22Rule 7.8 of the Tribunal’s Rules of Practice and Procedure provides that documents filed with the Tribunal can be amended with consent of the parties or by order of the Tribunal.
23The requested amendments to the A1 Form and M1 Form are to clarify the confusion as regards the conflicting sections stated in the different forms. A correction will clear up the unintended bewilderment. Additionally, there is no prejudice occasioned to any party in these proceedings.
24Rule 5.2 of the Tribunal’s Rules of Practice and Procedure stipulates that where a matter is to be appealed or referred or an application is made and the Tribunal has prescribed a submission or appeal form on its website, that form should be obtained, completed and filed as directed on the form.
25The Tribunal is mindful that Rule 1.3 of the Tribunal’s Rules of Practice and Procedure provides that these rules shall be liberally interpreted to offer the best opportunity for a fair, just, expeditious and cost-effective resolution of the merits of the proceedings.
26Allowing corrections of the A1 Form and M1 Form to address the inadvertence made on those forms is an expeditious and cost-effective resolution of the proceeding.
27The Tribunal allows said corrections requested.
ORDER
28THE TRIBUNAL ORDERS THAT the Motion is allowed:
- The A1 Form reference to Section 51(43) of the Planning Act is replaced with Section 51(39) of the Planning Act.
- The M1 Form reference to Section 17(36) of the Planning Act is replaced with Section 17(24) of the Planning Act.
- The Title Headings of these proceedings shall be amended to reflect these changes accordingly.
“T.F. Ng”
T.F. NG VICE-CHAIR
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.