12375532 Canada Incorporated v. Wellington North (Township), 2026 CanLII 46899

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: May 13, 2026

CASE NO(S).: OLT-25-000820

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Applicant/Appellant: 12375532 Canada Incorporated

Subject: Application to amend the Zoning By-law – Refusal of application

Description: To facilitate the development of two residential units

Reference Number: ZBA 07/25

Property Address: 341 Smith Street

Municipality/UT: Wellington North/Wellington

OLT Case No: OLT-25-000820

OLT Case Name: 12375532 Canada Incorporated v. Wellington North (Township)

Heard: April 23, 2026 by video hearing

APPEARANCES:

Parties	Counsel
12375532 Canada Incorporated	Herbert Arnold Danielle Arbeiter (articling student)
Township of Wellington North	Peter Hertz

DECISION DELIVERED BY A. SNOWDON AND ORDER OF THE TRIBUNAL

INTRODUCTION

1The matter before the Tribunal concerns an appeal brought by 12375532 Canada Incorporated (“Appellant”) following the Township of Wellington North’s (“Township”) refusal of a Zoning By-Law Amendment (“ZBA”). The appeal is brought pursuant to s. 34(11) of the Planning Act, R.S.O. c. P. 13, as amended (“Act”). The Appellant is proposing to reduce the required lot width to facilitate the development of two single detached dwellings on the lands located and known municipally as 341 Smith Street in the Township (“Subject Lands”).

2The Subject Lands are currently occupied by a single detached dwelling. The surrounding lands to the east, west and north are primarily residential with some commercial lands. The lands to the south are a natural area consisting of a woodlot and a wetland.

3The Appellant proposes to develop the Subject Lands by replacing the existing dwelling with two single detached dwellings. The Appellant is proposing to do this on lots that are 9.1 metres (“m”) by 30 m. In order to accomplish this, a lot line adjustment and a consent to sever are required. The lot line adjustment removes a “jog” in the property boundary and the consent creates two properties. The County of Wellington Land Division Committee provided provisional consent for those applications on December 5, 2024.

4The proposed ZBA application seeks to change the zoning of the Subject Lands from R1-B to R2-52 (a site-specific version of R2). Both are residential zoning.

5The Township Council refused the ZBA application on September 8, 2025, stating that the resulting lots would be too small and would not provide sufficient room for parking, snow removal, and amenity space.

6The Appellant revised the concept sketch for the Subject Lands showing 38 m-deep lots with larger front yards. The Township and the Appellant have agreed that this revision is appropriate.

STATUS REQUESTS

7The Tribunal received no requests for Party or Participant status at the hearing.

ISSUES

8The issues before the Tribunal for this appeal include:

a. Does the proposed Zoning By-Law Amendment have appropriate regard for matters of provincial interest in section 2 of the Planning Act?

b. Is the proposed Zoning By-Law Amendment consistent with the Provincial Planning Statement 2024 (“PPS”)?

c. Does the Zoning By-Law Amendment conform to the Wellington County Official Plan (“WCOP”)?

d. Does the Zoning By-Law Amendment constitute good planning?

EVIDENCE AND WITNESSES

9The Appellant submitted two documents: a 23-page Affidavit of Service, which was marked as Exhibit 1, and a 41-page Witness Statement for D. Robert Russell, which was marked as Exhibit 2.

10D. Robert Russell, planner and president of Robert Russell Planning Consultants, testified with respect to the evidence set out in his Witness Statement. Mr. Russell was qualified by the Tribunal to provide expert opinion evidence in land use planning matters.

11The Township did not submit any evidence nor present any witnesses at the hearing.

SUBMISSIONS

Matters of Provincial Interest

12Mr. Russell highlighted that the proposed application has regard for matters of provincial interest in s. 2 of the Act as it meets sections:

2(e) for the supply, efficient use and conservation of energy and water;

2(g) the minimization of waste;

2(h) the orderly development of safe and healthy communities;

2(j) the adequate provision of a full range of housing, including affordable housing;

2(p) the appropriate location of growth and development; and

2(q) the promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians.

Findings

13The Tribunal finds that the proposed ZBA has regard for matters of provincial interest.

Provincial Planning Statement 2024

14Mr. Russell indicated that the ZBA application is consistent with the PPS as follows:

a. the development increases the range of housing;

b. the gentle intensification contributes to making the neighbourhood more compact and transit supportive; and

c. the marginal increase in density provides additional housing and housing options.

Findings

15The Tribunal finds that the proposed ZBA is consistent with the PPS.

Wellington County Official Plan

16Mr. Russell highlighted several sections of the WCOP to support the ZBA application:

a. The proposed lot sizes would help meet s. 2.1.5 which requires that complete communities provide a diverse range and mix of housing options.

b. Increasing housing density would facilitate the County in accommodating the predicted population of 122,000 by 2031 in s. 2.2.1.

c. The Subject Lands are capable of being on municipal services as required in s. 2.2.2 and can efficiently use those services as required by s. 4.4.2. This also meets the criteria for intensification in s. 8.3.12.

d. The proposed intensification is an efficient use of land and available servicing as required in s. 3.3 and s. 4.4.3 encourages intensification along major and arterial roads.

e. The Subject Lands are within the built-up area and s.3.3.1 targets a minimum of 20% of residential development to occur within the built-up area.

17Mr. Russell stated that the current classification of R1-B requires a minimum lot frontage of 15 m and a minimum lot area of 465 m². The proposed development seeks a frontage of 9.1 m and an area of 345.8 m². The Appellant stated that R2 zoning is a more appropriate zone category. The R2 zone requires a frontage of 12 m and a lot area of 371.6 m². The Parties proposed a new site-specific zone (R2-52) to address the deficiencies.

18The proposed site-specific zoning (R2-52) would be subject to the following criteria:

a. Single Detached Residential Dwelling

i. Minimum lot area: 345.8 m²

ii. Minimum lot frontage: 9.1 m

iii. Minimum front yard: 14.0 m

b. Additional details for the site-specific zoning can be found in Attachment 1.

Findings

19The Tribunal finds that the proposed ZBA application conforms to the general intent of the WCOP. The site-specific amendments to the R2 zoning would be required to allow the Appellants application and would conform to the WCOP.

Good Planning

20It is Mr. Russell’s professional opinion that the proposed ZBA application represents good planning and should be approved. The Township agreed that this is good planning.

Findings

21The Tribunal finds that the proposed ZBA represents good planning.

Order

22THE TRIBUNAL ORDERS THAT the appeal is allowed in part, and directs the Township to amend By-law No. 66-01 as set out in Attachment 1 to this Order. The Tribunal authorizes the Clerk of the Township of Wellington North to assign a number to this By-law for record-keeping purposes.

“A. Snowdon”

A. SNOWDON

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.

ATTACHMENT 1

THE CORPORATION OF THE TOWNSHIP OF WELLINGTON NORTH

BY-LAW NUMBER .

BEING A BY-LAW TO AMEND ZONING BY-LAW NUMBER 66-01

BEING THE ZONING BY-LAW FOR THE TOWNSHIP OF WELLINGTON NORTH

WHEREAS it is deemed expedient to amend By-law 66-01:

NOW THEREFORE the Ontario Land Tribunal Orders as follows:

1. THAT Schedule ‘A’ Map 2 to By-law 66-01 is amended by changing the zoning on lands legally described as Survey Crown Part Park Lot 6; RP60R3069 Part 1 with civic address 341 Smith Street, Arthur as shown on Schedule “A” attached to and forming part of this By-law (the “Lands”) from:

(a) Residential (R1B) to Site-Specific Residential (R2-52)

2. THAT Section 31, Exception Zone 1 – Arthur, is amended by the inclusion of the following new exception:

31.52

Survey Crown Part Park Lot 6; RP60R3069 Part 1 (341 Smith St)

R2-52

Notwithstanding any other provisions to the contrary, the land zoned R2-52 shall be subject to the following regulations:

Single Detached Residential Dwelling

i. Minimum lot area 345.8m²

ii. Minimum lot frontage 9.1 m

iii. Front Yard, minimum 14.0 m

3. THAT the Lands shall be subject to a Holding (H) provision.

4. THAT the Holding (H) provision applying to the Lands may only be lifted:

(a) upon the County of Wellington Planning and Land Division Committee issuing a decision changing the conditions of the approval granted in respect of Application B93-24 by adding a condition that requires that the final reference plan for the consent shows boundaries for the Lands having a depth no less than 38 metres; or,

(b) upon such other decision by the County of Wellington Planning and Land Division Committee resulting in the Lands having a depth of no less than 38 metres.

5. THAT except as amended by this By-law, the land as shown on the attached Schedule 'A' shall be subject to all applicable regulations of Zoning By-law 66-01, as amended.

6. THAT this By-law shall be deemed to come into force on the date of passing thereof.

Schedule “A” – New sketch of lands for ZBA purposes reflecting increased depth