Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: June 5, 2026

CASE NO.: OLT-26-000150 OLT-26-000151

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Appellant: Y Developments Inc. Subject: Request to amend the Official Plan – Refusal of request Description: To permit the development of stacked town homes with parking on subject lands Reference Number: 25 112425 OP Property Address: 10 Phelps Street Municipality/UT: St. Catharines/St. Catharines OLT Case No: OLT-26-000150 OLT Lead Case No: OLT-26-000150 OLT Case Name: Y Developments Inc. v. St. Catharines (City)

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

Subject: Application to amend the Zoning By-law – Refusal of application Description: To permit the development of stacked town homes with parking on subject lands Reference Number: 25 112427 ZA Property Address: 10 Phelps Street Municipality/UT: St. Catharines/Niagara OLT Case No: OLT-26-000151 OLT Lead Case No: OLT-26-000150 OLT Case Name: Y Developments Inc. v. St. Catharines (City)

BEFORE:

"J. Innis" MEMBER

Wednesday, the 5th day of June, 2026

THE TRIBUNAL ORDERS that further to the Decision issued on May 13, 2026, the Procedural Order, as agreed to between the Parties and attached hereto as Schedule "A", shall be in force and effect for the purpose of governing the required procedures leading up to and including the hearing.

The event will be held:

AT: 10:00AM ON: July 14, 2026 AT: https://global.gotomeeting.com/join/765631861 Access Code: 765-631-861 Audio-only telephone line: +1 (647) 497-9391 or (Toll-Free): 1-888-455-1389 Audio-only access code: 765-631-861

The Tribunal has set aside 2 days for this matter.

"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.

Schedule A

Ontario Land Tribunal 655 Bay Street, Suite 1500 Toronto ON M5G 1E5 Telephone: (416) 212-6349 Toll Free: 1-866-448-2248 Website: olt.gov.on.ca

Tribunal ontarien de l’aménagement du territoire 655 rue Bay, suite 1500 Toronto ON M5G 1E5 Téléphone: (416) 212-6349 Sans Frais: 1-866-448-2248 Site Web: olt.gov.on.ca

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O.

Appellant: Y Developments Inc. Subject: Request to amend the Official Plan – Refusal of request Description: To permit the development of stacked town homes with parking on subject lands Reference Number: 25 112425 OP Property Address: 10 Phelps Street Municipality/UT: St. Catharines/St. Catharines OLT Case No.: OLT-26-000150 OLT Lead Case No.: OLT-26-000150 OLT Case Name: Y Developments Inc. v. St. Catharines (City)

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Subject: Application to amend the Zoning By-law – Refusal of application Description: To permit the development of stacked town homes with parking on subject lands Reference Number: 25 112427 ZA Property Address: 10 Phelps Street Municipality/UT: St. Catharines/Niagara OLT Case No.: OLT-26-000151 OLT Lead Case No.: OLT-26-000150 OLT Case Name: Y Developments Inc. v. St. Catharines (City)

PROCEDURAL ORDER

The Tribunal orders that:

1. 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 Hearing

2. A hearing respecting matters under the Planning Act is scheduled to proceed by video as follows:

Tuesday July 14 and Wednesday July 15.

GoTo Meeting: https://global.gotomeeting.com/join/765631861 Access code: 765-631-861 Audio-only line: (Toll Free) 1-888-455-1389 or +1 (647) 497-9391

3. 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.

4. The parties and participants in the hearing as identified at the Case Management Conference are listed in Attachment "1" to this Order.

5. The Issues are set out in the Issues List attached as Attachment "2" to this Order. There will be no changes to this list unless the Tribunal permits.

6. The order of evidence shall be as set out in Attachment "3" hereto. 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.

7. 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.

8. 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.

9. A party, participant, or witness who intends to submit document(s) to the Tribunal must include a declaration within each submitted document if generative AI was used to create or generate content. A declaration is not required if AI was used to merely suggest changes, provide recommendations, or critique content already created by a human who then considered and manually implemented the changes.

Requirements Before the Hearing

10. 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 June 17th, and in accordance with paragraph 24 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae, the Acknowledgment of Expert’s Duty form, and the area of expertise in which the witness is prepared to be qualified.

11. 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 and the curriculum vitae and Acknowledgment of Expert Duty form previously provided in paragraph 11. Copies of this must be provided as in paragraph 15 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. For greater certainty, each expert witness statement must comply with the minimum content requirements specified in Rule 7 of the Tribunal’s Rules of Practice and Procedure. If the expert witness has prepared any report(s) that they intend to rely on at the hearing, and which did not form part of the submissions made to the City, such report(s) shall be provided to the other parties at the same as the delivery of expert witness statements, as in paragraph 15.

12. 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 15 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 15 below.

13. On or before June 30th, 2026 the parties shall provide copies of their witness and expert witness statements to the other parties and to the OLT case coordinator and in accordance with paragraph 24 below or the witness or participant may not give oral evidence at the hearing. Participants are only permitted to provide written evidence to the Tribunal, unless otherwise permitted by the Tribunal.

14. On or before June 30th, 2026, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 24 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

15. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case coordinator on or before July 7th, 2026.

16. 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 Rule 7.

17. 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:

Date:

TRIBUNAL REGISTRAR

ATTACHMENT "1"

PARTIES AND PARTICIPANTS

PARTIES

Parties Y Developments Inc.

Counsel Tom Hanrahan Evan Alderman Sarah Premi (in absentia)

Parties City of St. Catharines

Counsel Callum Shedden

PARTICIPANTS Deanna Shaw Jordan Wyborn Justin Doucette Michael Santos

ATTACHMENT "2"

ISSUES LIST

Planning Act

1. Do Official Plan Amendment (the "OPA") and Zoning By-law Amendment (the "ZBLA") have regard for matters of provincial interest identified in section 2 of the Planning Act, including but not limited to sections (f), (h), (i), (l), (j) and (p)?

Provincial Planning Statement 2024 ("PPS 2024")

2. Is the OPA and Zoning By-law consistent with the PPS 2024, including but not limited to policies 2.1.6, 2.2.1, 2.3.1.1 to 2.3.1.3, 2.4.1.2, 2.4.1.3, 3.2.1, 3.2.2, 3.6.1 and 3.6.8?

Region of Niagara Official Plan ("RNOP")

3. Does the OPA and Zoning By-law conform with the RNOP, including, but not limited to, policies 2.1, 2.2.1.1, and 2.3?

City of St. Catharines Official Plan ("Garden City OP")

4. Does the OPA and ZBLA conform with the Garden City OP, in particular:
   1. Vision and Guiding Principles related to growth and development
   2. Development/Redevelopment

City of St. Catharines Zoning By-law ("City ZBL")

5. Does the ZBLA comply with the relevant provisions of the City ZBL?

General Planning Matters

6. Does the Application represent good planning?
7. Is the Application in the public interest?