Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 12, 2026
CASE NO(S).: OLT-26-000084
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Brantford C9 Landowners Group Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the inclusion of the properties in the Settlement Area Boundary
Reference Number: OP-05-25
Property Address: 0, 170 and 194 Powerline Road
Municipality/UT: Brantford/Brantford
OLT Case No.: OLT-26-000084
OLT Lead Case No.: OLT-26-000084
OLT Case Name: Brantford C9 Landowners Group Inc v. Brantford (City)
Heard: May 22, 2026 by Video Hearing
APPEARANCES:
Parties
Counsel/Representative*
Brantford C9 Landowners Group Inc.
Jennifer Meader
City of Brantford
Brian Duxbury
Adwait “Dwight” Kulkarni
Self-represented*
MEMORANDUM OF ORAL DECISION DELIVERED BY HUGH S. WILKINS ON MAY 22, 2026 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1On May 22, 2026, the Tribunal convened the second Case Management Conference (“CMC”) in this proceeding regarding an appeal filed by Brantford C9 Landowners Group Inc. (“Appellant”). The appeal arises from the failure of the City of Brantford (“City”) to make a decision on the Appellant’s application for an Official Plan Amendment relating to lands located at 0, 170 and 194 Powerline Road (“subject lands”), in the City. The application seeks to amend the City’s Official Plan to include the subject lands within the settlement area boundary and to redesignate the portions of the subject lands currently designated “Rural / Agricultural Area” to “Neighbourhoods”.
2At the first CMC in this proceeding, held on April 10, 2026, Adwait “Dwight” Kulkarni, who owns property in the vicinity of the subject lands, was granted Party status. At that CMC, a motion was scheduled to address the raising of a constitutional issue in the proceeding as set out in a Notice of Constitutional Question prepared by Mr. Kulkarni.
3At the CMC held on May 22, 2026, the Tribunal heard Mr. Kulkarni’s motion, a draft Procedural Order was finalized, and hearing dates were scheduled.
MOTION ON RAISING A CONSTITUTIONAL ISSUE
4The relief that Mr. Kulkarni requests on his motion includes:
- a finding that there are outstanding concerns regarding whether consultation and accommodation obligations under s. 35 of the [Constitution Act, 1982](https://www.canlii.org/en/ca/laws/stat/schedule-b-to-the-canada-act-1982-uk-1982-c