Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 21, 2026
CASE NO.:
OLT-25-000769
PROCEEDING COMMENCED UNDER subsection 17(40) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
15 Market Street Corp.
Subject:
Proposed Official Plan Amendment
Description:
To permit the development of a residential subdivision
Reference Number:
C-2025-001
Property Address:
Market Street Port Elgin ON
Municipality/UT:
Saugeen Shores/Bruce
OLT Case No.:
OLT-25-000769
OLT Lead Case No.:
OLT-25-000769
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
15 Market Street Corp.
Subject:
Request to amend the Official Plan – Failure to adopt the requested amendment
Description:
To permit the development of a residential subdivision
Reference Number:
L-2025-001
Property Address:
Market Street Port Elgin ON
Municipality/UT:
Saugeen Shores/Bruce
OLT Case No.:
OLT-25-000770
OLT Lead Case No.:
OLT-25-000770
OLT Case Name:
15 Market Street Corp.v. Saugeen Shores (Town)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
15 Market Street Corp.
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
To permit the development of a residential subdivision
Reference Number:
Z-2025-001
Property Address:
Market Street Port Elgin ON
Municipality/UT:
Saugeen Shores/Bruce
OLT Case No.:
OLT-25-000773
OLT Lead Case No.:
OLT-25-000770
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
15 Market Street Corp.
Subject:
Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description:
To permit the development of a residential subdivision
Property Address:
Market Street Port Elgin ON
Municipality/UT:
Town of Saugeen Shores/County of Bruce
Reference Number:
S-2025-001
OLT Case No.:
OLT-25-000768
OLT Lead Case No.
OLT-25-000769
BEFORE:
J. INNIS
Wednesday, the 14^th^
MEMBER
day of January, 2026
UPON APPEALS having been brought by 15 Market Street Corp., under the Planning Act, R.S.O. 1990, c. P. 13, as amended, with respect to the absence of amendments to the County of Bruce Official Plan and the Town of Saugeen Shores Official Plan, as well as a Zoning By-law Amendment and draft plan of subdivision, for lands legally described as Market Street PLAN 296 PARK PT LOT 13 & 15;RP 3R2897 PART 1 RP 3R4879; PART 1 RP3R7116 PT1,2,3 in Saugeen Shores;
AND THIS MATTER having come before the Tribunal on Wednesday, January 14, 2026, by video conference for a first Case Management Conference (“CMC”), whereby it marked as Exhibit 1 the Affidavit of Service of Kim Stautteber, dated December 30, 2025, attesting to proper Notice having been given for this first CMC;
AND THE TRIBUNAL, having received four requests for Participant status, granted Participant status to Patricia Surman, Andrew Sutherland, Frank Vanderzwet, and Keith Robertson;
AND THE TRIBUNAL confirmed the Parties’ awareness of Tribunal-led mediation;
AND THE TRIBUNAL scheduled a hearing to commence on Tuesday, June 16, 2026, at 10 a.m. by video conference; with the following log-in credentials:
Parties and Participants 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/914098901
Access code: 914-098-901
Parties and 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
Persons 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: (647) 497-9373 or (Toll-Free) 1-888-299-1889. The access code is: 914-098-901.
Individuals 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.
THE TRIBUNAL ORDERS THAT:
Participant status is granted to Patricia Surman, Andrew Sutherland, Frank Vanderzwet, and Keith Robertson;
The Procedural Order appended as Attachment 2 shall govern the conduct of this proceeding.
“Matthew D.J. Bryan”
MATTHEW D.J. BRYAN
REGISTRAR
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.
Attachment 1
CMC Attendance List
Party Name
Counsel
15 Market Street Corp
J. Scott Galajda
County of Bruce
Jack Van Dorp
Town of Saugeen Shores
Mark Paoli
ATTACHMENT 2
ISSUE DATE: January 21, 2026 CASE NO(S).: OLT-25-000768
OLT-25-000769
OLT-25-000770
OLT-25-000773
PROCEEDING COMMENCED UNDER subsection 17(40) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
15 Market Street Corp.
Subject:
Proposed Official Plan Amendment
Description:
To permit the development of a residential subdivision
Property Address:
Market Street Port Elgin ON
Municipality/UT:
Town of Saugeen Shores/County of Bruce
Reference Number:
C-2025-001
OLT Case No.:
OLT-25-000769
OLT Lead Case No.
OLT-25-000769
OLT Case Name:
15 Market Street Corp. v. Saugeen Shores (Town)
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
15 Market Street Corp.
Subject:
Request to amend the Official Plan – Failure to adopt the requested amendment
Description:
To permit the development of a residential subdivision
Property Address:
Market Street Port Elgin ON
Municipality/UT:
Town of Saugeen Shores/County of Bruce
Reference Number:
L-2020-009
OLT Case No.:
OLT-25-000770
OLT Lead Case No.
OLT-25-000770
OLT Case Name:
15 Market Street Corp. v. Saugeen Shores (Town)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
15 Market Street Corp.
Subject:
Request to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
To permit the development of a residential subdivision
Property Address:
Plan 296 Park PT Lot 13 & 15
Municipality/UT:
Market Street Port Elgin ON
Reference Number:
Z-2020-014
OLT Case No.:
OLT-25-000773
OLT Lead Case No.
OLT-25-000770
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
15 Market Street Corp.
Subject:
Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description:
To permit the development of a residential subdivision
Property Address:
Market Street Port Elgin ON
Municipality/UT:
Town of Saugeen Shores/County of Bruce
Reference Number:
S-2025-001
OLT Case No.:
OLT-25-000768
OLT Lead Case No.
OLT-25-000769
PROCEDURAL ORDEER
The Tribunal Orders that:
- 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
- The video hearing will begin on June 16, 2026 at 10:00 a.m. and end on June 19, 2026, via Video Conference Software, GoToMeeting. The Video Conference details are as follows:
GoTo Meeting: https://global.gotomeeting.com/join/914098901
The parties’ initial estimation for the length of the hearing is 4 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 parties and participants identified at the case management conference are set out in Attachment 1 (see Attachment 4 for the meaning of these terms).
The issues are set out in the Issues List attached as 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.
The order of evidence shall be as set out in Attachment 3 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.
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.
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
A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of the witnesses and the order in which they will be called. This list must be delivered on or before March 4, 2026 and in accordance with paragraph 22 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.
Expert witnesses in the same field shall have a meeting on or before March 24, 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 April 24, 2026.
An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 13 below. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.
Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s evidence as in paragraph 13 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 13 below.
On or before May 5, 2026, the parties shall provide copies of their [witness and] expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 22 below.
On or before May 5, 2026, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 22 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.
On or before May 12, 2026 the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
On or before May 26, 2026, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 22 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.
Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence within ten (10) days after the evidence is received and in accordance with paragraph 22 below.
The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before June 5, 2026.
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.
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.
The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before June 5, 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.
All filings shall be submitted electronically and in hard copy. 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.
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: Jennifer Innis
Date:
____________________________
TRIBUNAL REGISTRAR
Summary of Key Dates
Date
Event
March 4, 2026
Exchange witness list
March 24, 2026
Meeting of like experts
April 24, 2026
Exchange Agreed Statement of Facts
May 5, 2026
Exchange of expert witness statements
May 5, 2026
Participant statements due
May 12, 2026
Advise the Tribunal if all hearing dates required
within ten (10) days after the evidence is received
Exchange of reply expert witness statements, if any
May 26, 2026
File visual evidence document book
June 5, 2026
File document book, hearing plan, and witness statement brief
June 9 2026
Notify the Tribunal if a witness is not to provide oral evidence
June 16, 2026
Hearing start date
Parties
15 Market Street Corp., Applicant/Appellant
Scott Galajda Scott Galajda Professional Corporation 205-10 Research Lane Guelph, ON N1G 4T2 Phone: 519-767-1177 Email: sgalajda@galajdalaw.com
Representative for the County of Bruce, Respondent
Jack Van Dorp 30 Park St., P.O. Box 70, Walkerton, Ontario N0G 2V0 Phone: 519-534-2092 Email: JVanDorp@brucecounty.on.ca
Representative for the Town of Saugeen Shores, Respondent
Mark Paoli 600 Tomlinson Drive, P.O. Box 820, Port Elgin ON N0H 2C0 Phone: 519-832-2008 Email: mark.paoli@saugeenshores.ca
Participants
Pat Surman psurman@nexicom.net
Keith Robertson keith.robertson@brucepower.com
Andrew Sutherland sutherworld@gmail.com
Frank Vanderzwet fpvanderzwet@gmail.com
SCHEDULE A
OLT-25-000770
OLT-25-000773
OLT-25-000769
OLT-25-000768
Issues List
Town of Saugeen Shores and County of Bruce
(2026-01-08)
Note: The identification of an issue does not mean that all Parties agree that such issue, or manner in which the issue is expressed, is appropriate or relevant to the determination of the Ontario Land Tribunal at the hearing. The extent to which these issues are appropriate or relevant to the determination of the Ontario Land Tribunal at the hearing will be a matter of evidence and argument at the hearing.
Does the development proposal consisting of proposed County Official Plan, Local Official Plan and Zoning By-law Amendments and a Draft Plan of Subdivision for the subject lands (collectively the “development proposal”) have appropriate regard for the relevant matters of provincial interest enumerated in section 2 of the Planning Act, including the matters set out in sections 2(a), 2(d), 2(n), 2(p) and 2(r) therein?
Is the development proposal consistent with the relevant policies of the Provincial Planning Statement (2024) (the “PPS”), in particular, but not limited to, the following policy sections:
- 3.6.8 (Sewage, Water and Stormwater);
- 4.1.1, 4.1.2, 4.1.5, 4.1.6, 4.1.7 and 4.1.8 (Natural Heritage);
- 4.2.1 and 4.2.2 (Water);
- 4.6.1, 4.6.2, 4.6.3 and 4.6.5 (Cultural Heritage and Archaeology);
- 6.1.5 and 6.1.7 (General Policies for Implementation and Interpretation); and
- 6.2.2 (Coordination).
- Does the development proposal conform with the policies in the County of Bruce Official Plan, in particular, but not limited to, the following policy sections:
- 3.2.2 (Vision);
- 3.4.1.1, 3.4.1.3 and 3.4.1.4 v) (County Goals & Objectives);
- 4.2 (General Objectives);
- 4.3.1, 4.3.2, 4.3.2.6, 4.3.2.7, 4.3.2.10, 4.3.2.12 and 4.3.3 (The Environment);
- 4.4.1 vi) and 4.4.4.1.1 v) (Population and Housing);
- 4.10 (Heritage);
- 4.13 (Surface Water Management Plans);
- 6.2 (Indigenous Communities); and
- 6.24.3 and 6.24.4 (County-Approved Planning Applications).
Is the proposed County Official Plan amendment to exempt the development from Section 4.3.2.1 justified?
Does the development proposal conform with the policies in the Town of Saugeen Shores Official Plan, in particular, but not limited to, the following policy sections:
- 1.1 (Vision);
- 1.2.4, 1.2.5 and 1.2.9 (Goals and Objectives);
- 2.4.1, 2.4.5 and 2.4.6 (Built Heritage Resources, Cultural Heritage Landscapes and Archaeology);
- 2.6.2, 2.6.3, 2.6.4, 2.6.5, 2.6.8, 2.6.11 and 2.6.12 (Environmental Features);
- 2.11.1 and 2.11.3 (Subdivision of Land);
- 3.2.8 and 3.2.13 (Objectives - Settlement Area Policies);
- 3.3.5 (Concepts Guiding Future Development in the Settlement Area);
- 5.4.1 (Stormwater Management); and
- 6.27.4 (Environmental Impact Statement).
Is the proposed Local Official Plan amendment to establish site-specific tree preservation and significant woodland policies in place of Section 2.6.8.2 c) justified?
Does the proposed Draft Plan of Subdivision have regard for the subdivision criteria of Section 51(24) of the Planning Act?
In the event that the Tribunal approves the proposed Draft Plan of Subdivision, what are the appropriate conditions of draft approval?
Is the deferral of Federal and Provincial consultation on natural heritage related matters until the Site Plan Agreement stage appropriate, or should that be a condition of draft approval? The condition would include, but is not limited to, consultation with any required Federal and Provincial ministries, any additional assessment work that may be needed, approvals, and implementation of any recommendations or requirements stemming from that consultation.
Have the natural heritage features identified for retention been appropriately delineated and protected through zoning, conditions of draft approval and/or blocks to be conveyed to the Town of Saugeen Shores?
Have all materials prepared in support of the application been provided to the Tribunal, approval authorities, agencies and the public that would be needed to render comments and/or a decision (e.g., EIS Update Addendum – 2025 Focused Field Survey Update, prepared by AWS Environmental Consulting Inc., dated October 14, 2025)?
In the event that the Tribunal approves the proposed County Official Plan, Local Official Plan and Zoning By-law Amendments, in principle, should the final order(s) respecting the County Official Plan, Local Official Plan and Zoning By-law Amendments be withheld until such time as the County and Town advise the Tribunal that the County Official Plan, Local Official Plan and Zoning By-law Amendments have been finalized to the satisfaction of the County of Bruce and Town of Saugeen Shores?
Do the instruments to be considered by the Tribunal reflect the submitted comments of agencies and interest holders and issues identified?
Does the development proposal represent good land use planning and is it in the public interest?
Order of Evidence
- Opening Statements
- Respondent, Town of Saugeen Shores – Overview only
- Appellant/Applicant, 15 Market Street Corp.
- Respondent, Town of Saugeen Shores
- Respondent, County of Bruce
- Appellant/Applicant, 15 Market Street Corp. (Reply)
- Closing Arguments
Meaning of terms used in the Procedural Order:
A party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other parties, and making submissions on all of the evidence. An unincorporated group cannot be a party and it must appoint one person to speak for it, and that person must accept the other responsibilities of a party as set out in the Order. Parties do not have to be represented by a lawyer and may have an agent speak for them. The agent must have written authorisation from the party.
NOTE that a person who wishes to become a party before or at the hearing, and who did not request this at the case management conference (CMC), must ask the Tribunal to permit this.
A participant is an individual or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a party may do so). Section 17 of the Ontario Land Tribunal Act states that a person who is not a party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A participant may also be asked questions by the parties should the Tribunal direct a participant to attend a hearing to answer questions on the content of their written submission.
A participant must be identified and be accorded participant status by the Tribunal at the CMC. A participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A participant cannot ask for costs, or review of a decision, as a participant does not have the rights of a party to make such requests of the Tribunal.
Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party or participant intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.
Visual evidence includes photographs, maps, videos, models, and overlays which a party or participant intends to present as evidence at the hearing.
A witness statement is a short written outline of the person’s background, experience and interest in the matter; a list of the issues which he or she will discuss ; and a list of reports or materials that the witness will rely on at the hearing.
An expert witness statement should include his or her (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness’ opinions on those issues and the complete reasons supporting their opinions and conclusions and (5) a list of reports or materials that the witness will rely on at the hearing. An expert witness statement must be accompanied by an acknowledgement of expert’s duty.
A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a statement of the participant’s position on the appeal; a list of the issues which the participant wishes to address and the submissions of the participant on those issues; and a list of reports or materials, if any, which the participant wishes to refer to in their statement.
Additional Information
A summons may compel the appearance of a person before the Tribunal who has not agreed to appear as a witness. A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons through a request. (See Rule 13 on the summons procedure.) The request should indicate how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the information provided in the request that the evidence is relevant, necessary or admissible, the party requesting the summons may provide a further request with more detail or bring a motion in accordance with the Rules.
The order of examination of witnesses is usually direct examination, cross-examination and re-examination in the following way:
- direct examination by the party presenting the witness;
- direct examination by any party of similar interest, in the manner determined by the Tribunal;
- cross-examination by parties of opposite interest;
- re-examination by the party presenting the witness; or
- another order of examination mutually agreed among the parties or directed by the Tribunal.