Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 22, 2026
CASE NO(S).: OLT-25-000723, OLT-21-001535
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: 6324223 Canada Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of a mixed-use residential and commercial development
Reference Number: DEV 416
Property Address: 689 Victoria Street E
Municipality/UT: Town of New Tecumseth
OLT Case No.: OLT-25-000723
OLT Lead Case No.: OLT-25-000723
OLT Case Name: 6324223 Canada Inc. v. New Tecumseth (Town)
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: 6324223 Canada Inc.
Subject: Site Plan
Description: To permit the development of a mixed-use residential and commercial development
Reference Number: DEV 416
Property Address: 689 Victoria Street E
Municipality/UT: Town of New Tecumseth
OLT Case No.: OLT-25-000716
OLT Lead Case No.: OLT-25-000723
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: 6324223 Canada Inc.
Subject: Zoning By-law Amendment
Description: To permit implementation of comprehensive By-law No. 2021-128
Reference Number: BL 2021-128
Property Address: Town Wide
Municipality/UT: New Tecumseth/Simcoe
OLT Case No.: OLT-21-001535
OLT Lead Case No.: OLT-21-001535
OLT Case Name: 6324223 Canada Inc. et al. v. New Tecumseth (Town)
Heard: May 19, 2026, by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| 6324223 Canada Inc. | E. Barz, C. Barnett (in absentia) |
| Town of New Tecumseth | J. Feehely, T. Webster |
| Honda Canada Inc. and Honda of Canada Mfg. | M. Flowers |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. deBOER ON MAY 19, 2026, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision arises from the first Case Management Conference (“CMC”) for the appeals (“Appeals”) by 6324223 Canada Inc. (“Appellant”) pursuant to ss. 34(11) and 41(12) of the Planning Act due to the failure of the Town of New Tecumseth (“Town”) to make a decision within the statutory timelines on the Zoning By-law Amendment (“ZBA”) and the Site Plan Approval (“SPA”) applications (collectively, “Applications”). The municipal address of the property pertaining to the Applications is 689 Victoria Street East, in the Town (“Subject Lands”).
2The purpose of the CMC was to review any Party or Participant status requests and to discuss the possibility of hearing the Appeals together with Tribunal appeal file No. OLT-21-001535 (“CBL Appeal”). The CBL Appeal is a site-specific appeal of the Town’s Comprehensive Zoning By-law and affects the same Subject Lands.
3The Subject Lands are approximately 8.9 hectares in size and are currently vacant. The Subject Lands are located southwest of the Victoria Street East and Industrial Park/Highway 10 intersection. The purpose of the Applications would permit the development of the Subject Lands with a mixed-use residential and commercial development, comprised of nine six-to seven-storey residential buildings, a six-storey hotel, and eight separate commercial buildings.
AFFIDAVIT OF SERVICE
4The Tribunal reviewed the Affidavit of Service of Notice provided by Ravneet Jammu, dated April 28, 2026 (“Affidavit”), with the Parties. After review, the Tribunal found no issues with the Affidavit. The Tribunal marked the Affidavit as Exhibit 1 to the CMC and ruled that no further Notice would be necessary.
PARTY/PARTICIPANT STATUS REQUESTS
5The Tribunal received one Party status request prior to the CMC from Honda Canada Inc. and Honda of Canada Mfg. (“Honda”). As Honda is the owner of the lands directly adjacent to the Subject Lands, and after review of Honda’s concerns pertaining to the Applications, the Tribunal ruled that Honda meets the criteria of a Party and approved their Party status request to this matter. There were not any further Party or Participant status requests made prior to, or at, the CMC.
HEARING OF APPEALS TOGETHER
6Prior to the CMC, the Appellant and the Town sent correspondence to the Tribunal requesting that the CBL Appeal be added to any future hearing events as the CBL Appeal pertains to the same Subject Lands. The Parties requested that the Appeals and CBL Appeal be consolidated to avoid any duplication of issues and evidence. After further review, the Tribunal ruled that the files will not be consolidated, however, the Appeals and the CBL would still be heard together. The Tribunal directed the Parties to avoid duplication of issues and evidence with respect to the Appeals and the CBL Appeal.
OPPORTUNITIES FOR RESOLUTION
7The Parties stated that discussions for resolution had not taken place prior to this CMC as the status requests had not been finalized and approved by the Tribunal.
PROCEDURAL ORDER AND ISSUES LIST
8As Honda is now a Party to these Appeals, the Parties stated that they would endeavour to complete a Procedural Order and Issues List, including the issues concerning Honda, one week prior to the next CMC.
NEXT HEARING EVENT
9The Parties requested a second CMC to occur in late September or October 2026. After canvassing the Parties further, the Tribunal scheduled a second CMC to proceed by video on Wednesday, October 21, 2026, at 10 a.m. The Tribunal further directed the Parties to submit a draft Procedural Order and Issues List to the Case Coordinator for the Tribunal’s review by Wednesday, October 14, 2026.
10Parties 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/909787981
Access code: 909-787-981
11Parties 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
12Persons 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: +1-647-497-9391 or (toll-free) +1-888-455-1389. The access code is: 909-787-981.
13Individuals 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.
14As 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
15THE TRIBUNAL ORDERS THAT there will be no further Notice and Tribunal file Nos. OLT-25-000723 and OLT-21-001535 will be heard together.
16THE TRIBUNAL FURTHER ORDERS that a second Case Management Conference is to occur as set out above.
“S. deBoer”
S. deBOER
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.