Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 13, 2026
CASE NO(S).: OLT-26-000058
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: 2369219 Ontario Inc.
Subject: Zoning By-law
Description: To permit the development of a Transportation Terminal
Reference Number: By-law 103-2025
Property Address: 8329 Esquesing Line
Municipality/UT: Milton/Halton
OLT Case No: OLT-26-000058
OLT Lead Case No: OLT-26-000058
OLT Case Name: 2369219 Ontario Inc. v. Milton (Town)
Heard: May 11, 2026 by video hearing
APPEARANCES:
Parties
Counsel
2369219 Ontario Inc.
Russell Cheeseman Stephanie Fleming (in absentia)
Town of Milton
Konstantine Stavrakos
MEMORANDUM OF ORAL DECISION DELIVERED BY A. MASON ON MAY 11, 2026 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This first Case Management Conference (“CMC”) was held to prepare for a Merit Hearing of an appeal under s. 34(19) of the Planning Act, R. S. O. 1990, c. P.13, as amended, by 2369219 Ontario Inc. (“Appellant”) against the Town of Milton’s (“Town”) passing of Zoning By-law No. 103-2025 that amended the Town’s Zoning By-law No. 016-2014 with respect to the property at 8329 Esquesing Line (“Property”).
NOTICE
2An Affidavit of Service sworn on March 11, 2026, attesting to giving Notice for this proceeding, was marked as Exhibit 1.
REQUESTS FOR STATUS
3There were no requests for Participant or Party status for this matter.
STATUS OF MATTER
4The Parties advised that a draft Procedural Order, with an Issues List, was exchanged on Friday, May 8, 2026 (“Draft PO”), but was not provided to the Tribunal. Counsel for the Town stated they had not completed a full review of the Draft PO because of the timeframe, but based on an initial review, the Town takes the position that some of the issues pertain to matters that are not properly before the Tribunal. In particular, Counsel stated that the Town does not agree that issues involving a temporary use by-law for the Property are appropriate because no such by-law exists and the Appellant has not filed an application for same.
5Through further discussion with Counsel for the Parties, the Tribunal determined that there was a fundamental disagreement between them about the issues that could be properly adjudicated under the Appeal. As a result, the Tribunal scheduled a date for a Motion for Determination on Thursday, September 3, 2026 to consider whether specific issues in the Draft PO should be struck from the Issues List as improper on the basis that they do not relate to the application under Appeal. For the purposes of the Motion, the Town will be the Moving Party and the Appellant will be the Responding Party.
6The Tribunal acknowledged that the Town may modify the framing of the Motion because the Parties expect to continue to discuss the Issues List in an effort to potentially resolve their disagreement. To this end, if the Parties resolve the matter that is the subject of the Motion and agree on an Issues List, they are to advise the Tribunal to release the Motion date and may request the scheduling of another CMC to consider a Procedural Order brought on consent.
7The Parties declined to engage in mediation at this time because of the significant difference in their positions as to what is properly before the Tribunal for adjudication.
MOTION FOR DETERMINATION
8The hearing is scheduled to begin by video on Thursday, September 3, 2026 at 10 a.m. by video conference.
9Parties 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
10Parties 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
11Persons 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.
12Individuals 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.
13As 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
14The Motion for Determination will take place on Thursday, September 3, 2026 starting at 10 a.m. by video conference.
15The Tribunal’s directions set out above are so ordered.
16No further Notice will be given.
17This Member is not seized but may be spoke 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.