Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 11, 2026
CASE NO(S).: OLT-26-000137
PROCEEDING COMMENCED UNDER section 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: PowerBank Corporation
Subject: Application to amend the Official Plan – Refusal of application
Description: To permit the development of a battery energy storage system
Reference Number: OPA-2025-01
Property Address: 219 Peggs Mountain Road
Municipality: Township of Armour
OLT Case No: OLT-26-000137
OLT Lead Case No: OLT-26-000137
OLT Case Name: PowerBank Corporation v. Armour (Township)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: PowerBank Corporation
Subject: Application to amend the Zoning By-law – Refusal of application
Description: To permit the development of a battery energy storage system
Reference Number: ZBA-2025-01
Property Address: 219 Peggs Mountain Road
Municipality: Township of Armour
OLT Case No: OLT-26-000138
OLT Lead Case No: OLT-26-000137
Heard: April 29, 2026, by Video Hearing
APPEARANCES:
Parties
Counsel/Representative
PowerBank Corporation
Piper Morley
Lee English (in absentia)
Township of Armour
Edward Veldboom
MEMORANDUM OF ORAL DECISION DELIVERED BY A. Mason ON april 29, 2026 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This first Case Management Conference (“CMC”) was held to prepare for a Merit Hearing of appeals by PowerBank Corporation under s. 22(7) and 34(11) of the Planning Act, R. S. O. 1990, c. PO.13, as amended, concerning the refusal by the Township of Armour of applications for Official Plan Amendment and Zoning By-law Amendment for the property located at 219 Peggs Mountain Road (“Property”). The Applications facilitate the development of the Property for a battery energy storage facility.
NOTICE
2An Affidavit of Service sworn on March 30, 2026, attesting to giving Notice for this proceeding, was marked as Exhibit 1.
PARTICIPANTS
3The Tribunal received a request for Participant status from the incorporated group No Lithium Way Citizens United Inc., represented by Mark Vernon as counsel. The Tribunal granted the group Participant status without opposition from the statutory Parties.
4The Tribunal directed Mr. Vernon to submit the group’s written comments setting out their position with respect to the Applications no later than 45 days before the Merit Hearing, being Monday, May 25, 2026, in accordance with Rule 7.7 of the Tribunal’s Rules of Practice and Procedure (“Rules”).
5The Tribunal received a request for Participant status from David Creasor, represented by Peter Hungerford, a land use planner. Mr. Creasor is the owner of the Property and the request for status sets out a monitoring brief. The Tribunal granted Participant status to Mr. Creasor without opposition from the statutory Parities.
6The Tribunal directed Mr. Hungerford to file written confirmation of authorization to act for Mr. Creasor by Monday, May 4, 2026, as required under Rule 4.1 of the Rules for representatives of Participants who are not legal counsel. Such authorization was received before this Decision was released.
STATUS OF MATTER
7The Parties advised the Tribunal that they are in active and productive discussions to narrow or resolve the issues between them such that a full contested Merit Hearing would not be necessary. The Parties jointly requested the Tribunal set down a one-day Merit Hearing, at which the Township anticipates it will not be taking a position. The Appellant anticipates bringing two witnesses (a land use planner and an engineer) to the Merit Hearing to provide evidence in support of the Appeals.
8The Parties jointly requested that a Procedural Order was not required considering the length of Merit Hearing and the anticipated resolution or narrowing of issues. The Tribunal agreed with this request but directed that all material intended to be relied at the Merit Hearing is to be submitted no later than ten days in advance, being Monday, June 29, 2026.
9The Parties do not anticipate the need for a second CMC and raised no further matters for the fair and expeditious resolution of these Appeals.
HEARING DATES
10The Tribunal scheduled a one-day Merit Hearing on Thursday, July 9, 2026, commencing at 10 a.m. The Hearing is as set out below.
11Parties and/or Participants 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:
GoTo Meeting: https://global.gotomeeting.com/join/656004293
Access code: 656-004-293
12Parties and/or Participants 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: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889. The access code is: 656-004-293.
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:
No Lithium Way Citizens United Inc., represented by Mark Vernon, is granted Participant Status and shall file written Participant comments no later than Monday, May 25, 2026.
David Creasor, represented by Peter Hungerford, is granted Participant status.
A one-day Merit Hearing will take place on Thursday, July 9, 2026, starting at 10 a.m. by video conference.
All material to be relied on at the Merit Hearing will be filed with the Tribunal no later than ten days in advance, being Monday, June 29, 2026.
No further Notice will be given.
This Member is not seized but may be spoken to for case management purposes.
“A. Mason”
A. MASON
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.