Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE:

April 28, 2026

CASE NO(S).:

OLT-26-000116

PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant:

Westdell Development Corporation

Subject:

Site Plan

Description:

To permit the construction of a commercial plaza

Reference Number:

SPC-08-2025

Property Address:

1287 and 1297 County Road 22

Municipality/UT:

Lakeshore/Essex

OLT Case No.:

OLT-26-000116

OLT Lead Case No.:

OLT-26-000116

OLT Case Name:

Westdell Development Corporation v. Lakeshore (Municipality)

Heard:

April 8, 2026, by Video Hearing

APPEARANCES:

Parties

Counsel

Westdell Development Corporation

Denise Baker (in absentia)

Chantal Conroy

Municipality of Lakeshore

Jennifer Meader

Meredith Baker

County of Essex

David Sundin

MEMORANDUM OF ORAL DECISION DELIVERED BY A. SNOWDON ON APRIL 8, 2026 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This Decision arises from the first Case Management Conference (“CMC”) relating to an appeal brought pursuant to s. 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from the failure by the Municipality of Lakeshore (“Municipality”) to make a decision with respect to an application for Site Plan Control. The Appeal has been filed by Westdell Development Corporation (“Appellant”) regarding the property located at 1287 and 1297 County Road 22, Belle River (“Subject Property”).

2The Appellant submitted a Site Plan Control application for the Subject Property to develop a commercial plaza. The Subject Property is approximately 2.58 hectares in area and is located on the southwest corner of County Road 22 and Renaud Line. The Subject Property is currently vacant. The surrounding area is primarily residential uses to the south and west, and a mix of residential and commercial uses to the north and east.

3Notice was issued by the Tribunal on March 5, 2026.

STATUS REQUESTS

4The County of Essex (“County”) requested Party status prior to the CMC. They were granted Party status on consent at the CMC.

5The Tribunal received no requests for Participant status prior to or during the CMC.

OPPORTUNITIES FOR SETTLEMENT/MEDIATION

6The Parties have been engaging in without prejudice discussions and plan to continue to do so.

7Both the Municipality and the County are open to Tribunal-led mediation. The Appellant did not have any direction to engage in Tribunal-led mediation. The Appellant will contact the Case Coordinator should they wish to engage in Tribunal-led mediation.

DRAFT PROCEDURAL ORDER AND ISSUES LIST

8On April 16, 2026, a Procedural Order (“PO”) was submitted to the Tribunal and is attached as Schedule 1 to this Decision. The PO has been reviewed and approved by the Tribunal and will govern the pre-Hearing procedural requirements and the Hearing of the appeal.

SCHEDULING

9At the CMC, the Parties advised the Tribunal that they were seeking a second CMC to provide an update on settlement discussions and a three-day Hearing.

10The Hearings are scheduled to proceed by video as follows:

Friday, May 29, 2026 at 10 a.m. (one-day second CMC) GoTo Meeting: https://global.gotomeeting.com/join/656004293 Access code: 656-004-293 Audio-only telephone line: +1 (647) 497-9373 or (Toll Free) 1-888-299-1889 Audio-only access code: 656-004-293

Wednesday, September 9, 2026 at 10 a.m. (three-day Hearing) GoTo Meeting: https://global.gotomeeting.com/join/638422541 Access code: 638-422-541 Audio-only line: +1 (647) 497-9373 or (Toll Free) 1-888-299-1889 Audio-only access code: 638-422-541

11Parties and/or Observers are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections.

12Parties 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

13Persons 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.

14Individuals 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.

15As 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

16THE TRIBUNAL ORDERS THAT:

(a) this matter has been scheduled for a second Case Management Conference and three-day Hearing as described above; and

(b) the Procedural Order appended as Schedule 1 shall govern this proceeding.

“A. Snowdon”

a. snowdOn

member

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 1

ISSUE DATE:

CASE NO.: OLT-26-000116

PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant:

Westdell Development Corporation.

Subject:

Description:

Site Plan

To permit the construction of a commercial plaza

Reference Number:

SPC-08-2025

Property Address:

1287 and 1297 County Road 22

Municipality/UT:

Lakeshore/Essex

OLT Case No.:

OLT Lead Case No.:

OLT-26-000116

OLT-26-000116

OLT Case Name:

Westdell Development Corporation v. Lakeshore

(Municipality)

PROCEDURAL ORDER

1. 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

2. The video hearing will begin on September 9, 2026.

3. 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 procedural order deadlines are generally found in Attachment 1.

4. The parties and participants identified at the case management conference are set out in 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.

5. The issues are set out in the Issues List attached as Attachment 3. 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.

6. The order of evidence shall be as 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.

7. 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.

8. 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.

Requirements Before the Hearing

9. Expert witnesses in the same field shall have a meeting on or before June 5, 2026 and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before June 19, 2026.

10. On or before August 14, 2026 the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

11. On or before August 21, 2026 the parties shall provide copies of additional visual evidence, if any, to all of the other parties in accordance with paragraph 17 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

12. On or before July 3, 2026 the parties may provide to all other parties and the OLT’s Case co-ordinator a written response to any written evidence in accordance with paragraph 17 below. The response shall directly address the issues in the Issues List.

13. The parties shall cooperate to prepare a supplementary joint document book, if any, which shall be shared with the OLT case co-ordinator on or before August 21, 2026.

14. 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.

15. 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.

16. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before September 2, 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.

17. All filings shall be submitted electronically and in hard copy, if requested by the Tribunal. 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.

18. 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

ATTACHMENT 1

SUMMARY OF KEY DATES

Date

Hearing event

June 5, 2026

Expert Witness Meeting

June 19, 2026

Filing of Statement (s) of Agreed Facts and Issues

August 14, 2026

Confirmation to Tribunal if all reserved hearing dates are still required

August 21, 2026

Exchange of additional Visual Evidence, if any

July 3, 2026

Exchange of Reply Witness Statements (Replies shall directly address the issues in the Issues List)

August 21, 2026

Filing of Supplementary Joint Document Book, if any

September 2, 2026

Filing of Hearing Plan

September 9, 2026

Hearing Commences

ATTACHMENT 2

LIST OF PARTIES/PARTICIPANTS

For Westdell Development Corporation:

WeirFoulds LLP 4100-66 Wellington Street West Toronto, ON M5K 1B7

Denise Baker / Chantal Conroy

Email: dbaker@weirfoulds.com/ cconroy@weirfoulds.com

Tel: 416-947-5090/ 416-941-5901

For the Municipality of Lakeshore

TMA LAW 25 Main Street West, Suite 2010

Hamilton, ON

L8P 1H1

Jennifer Meader/ Meredith Baker

Email: jmeader@tmalaw.ca/ mbaker@tmalaw.ca

Tel: 416-605-0508/ 289-674-8168

For the County of Essex:

David Sundin Director, Legislative and Legal services County of Essex

360 Fairview Ave W., Essex, ON N8M 1Y6

Email: dsundin@countyofessex.ca

Tel: 519-776-6441 ext. 1345

ATTACHMENT 3

Issues List of the Municipality of Lakeshore

1. Does the Application have regard to matters of provincial interest set out in Section 2 of the Planning Act, including but not limited to subsections (f), (h), (l), (n), (o), (p) and (r)?

2. Does the Application meet the requirements of subsection 41(4)2.(b) of the Planning Act to provide drawings displaying the relationship of proposed buildings to adjacent streets and exterior areas to which members of the public have access?

3. What conditions of approval with respect to facilities to provide access to and from the site are appropriate to impose under subsection 41(7)(a)(2) of the Planning Act?

4. What road widenings can be required under subsection 41(7)(a)(1) of the Planning Act, particularly in light of Section 11.B and Table 11-1 of the County of Essex Official Plan (2025), and does the Application appropriately account for these widenings?

5. Is the Application consistent with the Provincial Planning Statement, 2024, including but not limited to sections 2.3.1.2a)-c), 3.2.1, 3.2.2, 3.3.1, 3.3.3, and 3.9 a)?

6. Does the Application conform with the County of Essex Official Plan (2014), including but not limited to sections 2.8.1c)-e), 2.8.1.1e), 2.8.4a) and c), 2.13a), 3.2.4.1i), and 4.15?

7. Does the Application have appropriate regard for the County of Essex Official Plan (2025)?

8. Does the Application conform with the Municipality of Lakeshore Official Plan (2010), including but not limited to sections 3.4.3b)-d) (Lakeshore Official Plan Amendment #3); 4.2.1b)ii) and v); 4.2.1e); 4.3.3a) and f); 7.2.2a), c) and j); 7.2.2.1 e)-h); 7.2.2.1.7; 7.2.4 a), c) and f); 8.3.4g); and 8.3.11a) and d)?

9. Does the Application comply with the Municipality of Lakeshore Zoning By-law, including but not limited to parking stall size (Section 6.42.2e) and f)), intercom order station (Section 6.20e)), and waste area enclosure (Section 6.65b)) requirements?

10. Does the Application appropriately address stormwater management, lighting, fire safety, truck maneuvering (large truck and fire trucks), location and operation of waste collection, and pedestrian linkages?

11. Have the lands known as 1287 County Road 22 and 1297 County Road 22 been merged to support the Application?

12. Is the Application in the public interest and does it represent good planning?

Transportation

13. Is the Transportation Impact Study prepared in support of the Application accurate as it relates to existing traffic count volumes, background growth and area development, and future traffic volumes on County Road 22?

14. Is the Renaud Line Road/County Road 22 intersection configuration and signal timing proposed by the Applicant feasible, appropriate, safe and sufficient to accommodate future traffic demand while maintaining acceptable level of service County criteria on County Road 22? Does a roundabout represent a more appropriate and effective form of control for the Renaud Line Road/County Road 22 intersection?

15. Does the Application fit with the long-term vision for the Renaud Line Road and County Road 22 intersection and surrounding road network as contemplated by public processes undertaken by the Municipality of Lakeshore and the County of Essex?

16. Will the development proposal require lands from other landowners?

17. Does the Application provide for safe and functional access to the site? Does it result in safety and operational concerns on Renaud Line Road?

18. Does the Application interfere with safe and functional access to the MedArts site?

19. Does the Application consider the future Faith Drive/Renaud Line Road/Girard Drive intersection?

20. Does the Application provide for safe and functional internal traffic and pedestrian circulation?

21. Does the Application appropriately accommodate the planned multi-use path along the south side of County Road 22 and the multi-use path along the west side of Renaud Line Road?

22. Does the Application depict public right of way modifications proposed by the proponent through its transportation reports?

23. Does the Application appropriately accommodate the adjacent stormwater pumping station?

24. Should the Application be phased to address land dedication and transportation safety issues?

ATTACHMENT 4

ORDER OF EVIDENCE

1. Westdell Development Corporation

2. Municipality of Lakeshore

3. County of Essex

4. Westdell Development Corporation Reply, if any