Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
May 22, 2026
CASE NO(S).:
OLT-26-000317
PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Foundation Capital Holdings Limited
Subject:
Minor Variance
Description:
To permit interior alterations to two (2) existing apartment buildings to add fourteen (14) new dwelling units to each building
Reference Number:
PL202600046
Property Address:
43 & 49 Taylor Ave
Municipality:
Chatham-Kent
OLT Case No.:
OLT-26-000317
OLT Lead Case No.:
OLT-26-000317
OLT Case Name:
Foundation Capital Holdings Limited v. Chatham-Kent (Municipality)
Heard:
May 19, 2026 by Video Hearing
APPEARANCES:
Parties
Counsel
Foundation Capital Holdings Limited (“Appellant”)
Michael Nemanic
Municipality of Chatham-Kent (“Municipality”)
Jonathan Sinopoli
DECISION DELIVERED BY L.P. YOU AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This appeal arises under s. 45(12) of the Planning Act, R. S. O. 1990, c. P. 13, as amended (“Act”), regarding the denial of the Municipality’s Committee of Adjustment on the application for minor variances (“Application”) permit interior alterations to two (2) existing apartment buildings on the lands municipally known as 43 & 49 Taylor Ave. (“Subject Lands”). The intent of the Application is to to add fourteen (14) new dwelling units to each building on the Subject Lands. This is the first Case Management Conference (“CMC”) for the matter before the Tribunal.
2The Tribunal confirms that it has received the Motion of Record from the Appellant prior to the Hearing. The Appellant advised the Tribunal at the Hearing that the Motion had been resolved by the Parties.
Service of Notice of CMC
3There is no issue with service of the Notice of this CMC.
4The Appellant stated that changes had been proposed to the Application with improvement of the nature of the Application by reducing the variances of the Application. Mr. Nemanic added that the changes were related to the increase of the parking spaces and should be considered minor.
5The Municipality indicated that this was new information to the Municipality, and the Municipality needed time to review the changes, and an appropriate Notice should be issued to ensure the awareness of the public.
6The Tribunal finds that the changes are minor given that presented reductions to the number of variances will improve the Application with respect to the tests under the Act. Therefore, the Tribunal rules that no further Notice is required with respect to sub-s. 45(18.1.1) of the Act.
Requests for Status
7The Tribunal received and addressed one request for Participant status from Doug Wilson during the Hearing. Mr. Wilson received the requested status with consent of the Parties.
MEDIATION AND SETTLEMENT
8The Tribunal explored the possibility of mediation and settlement with the Parties and advised the Parties to update the Tribunal should a settlement be reached. The Parties requested that the Tribunal schedule a three (3)-day Hearing to discuss the merits for the matter before the Tribunal.
HEARING
9Upon request of the Parties, the Tribunal set a three (3)-day Hearing commencing on Monday, July 13, 2026 to Wednesday, July 15, 2026 at 10 a.m. by Video Hearing. No further Notice is required.
10Parties 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/909787981
Access code: 909-787-981
11Parties 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
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 the date and particulars of the Hearing are set out above.
16The Member is not seized.
17No further Notice is required.
“L.P. You”
L.P. You
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.