Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
June 11, 2026
CASE NO.:
OLT-23-001173
OLT-23-001078
PROCEEDING COMMENCED UNDER Ss. 17(36) of the Planning Act, R.S.O. 1990, c.P.13, as amended:
Applicant/Appellant: 1126501 Ontario Inc. / Domtech Inc.
Subject: OPA and ZBLA
Property Address: 40 Frankford Crescent
Municipality: City of Quinte West
Municipal File Nos.: D/09/M10/23 and D09/M11/23
OLT Case Nos: OLT-23-001078 and OLT-23-001173
OLT File Nos.: OLT-23-001078 and OLT-23-001173
OLT Case Name: Domtech Inc. v City of Quinte West
PROCEEDING COMMENCED UNDER Ss. 34(19) of the Planning Act, R.S.O. 1990, c.P.13, as amended:
Applicant/Appellant: 1126501 Ontario Inc. / Domtech Inc.
Subject: OPA and ZBLA
Property Address: 40 Frankford Crescent
Municipality: City of Quinte West
Municipal File Nos.: D/09/M10/23 and D09/M11/23
OLT Case Nos: OLT-23-001078 and OLT-23-001173
OLT File Nos.: OLT-23-001078 and OLT-23-001173
OLT Case Name: Domtech Inc. v City of Quinte West
BEFORE:
VICE-CHAIR
Thursday, the 11th
WILLIAM R. MIDDLETON
day of June, 2026
PROCEDURAL ORDER
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 Hearing of these matters is phased such that the Official Plan Amendment Appeal will be heard and decided first, and the Zoning By-law Amendment Appeal heard and decided thereafter.
This Procedural Order governs the conduct of the Official Plan Amendment Appeal, only. A further Procedural Order will be made after the Official Plan Amendment Appeal has been decided, governing the conduct of the Zoning By-law Amendment Appeal.
The Tribunal has scheduled a 3-day Merit Hearing commencing on November 17, 2026.
Please join the event on Go To Meetings;
https://global.gotomeeting.com/join/638422541
Access Code: 638-422-541
The term “hearing”, when used in this Procedural Order, refers to the hearing of the Official Plan Amendment Appeal.
The parties estimate the length of the hearing to be 3 days. The parties will cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.
The parties to this hearing are the Corporation of the City of Quinte West, and Domtech Inc.
The Issues for the hearing are as set out in Attachment 1, hereto. 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 and witnesses shall be as set out in Attachment 2 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 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.
A party, participant, or witness who intends to submit document(s) to the Tribunal must include a declaration within each submitted document if generative Al was used to create or generate content. A declaration is not required if Al 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
Expert witnesses in the same field shall have a meeting no later than 60 days before the hearing. Following the experts' meeting, and at least 40 days before the hearing, the parties shall prepare and file a Statement of Agreed Facts with the Tribunal.
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. 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. A party who intends to call a witness who is not an expert must file a brief outline of the witness' evidence.
All expert reports and witness statements shall be filed with the Tribunal in advance of the hearing. The Parties shall prepare and file a Joint Compendium of Witness Statements at least 15 days prior to the hearing, bookmarked in PDF format with hyperlinks to all items listed in any table of contents.
If this matter resolves in advance of the hearing, the parties shall immediately inform the Tribunal of same.
If a party intends to utilize a model at the hearing, all parties must have a reasonable opportunity to view it before the hearing.
Parties may provide to all other parties and the Tribunal a written response to any written evidence within ten (10) days after the evidence is received.
The Parties shall prepare and file a Joint Document Book at least 15 days prior to the hearing, bookmarked in PDF format with hyperlinks to all items listed in any table of contents.
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. If either Party seeks to exclude or limit any oral or written evidence, it must file a written motion for that relief at least 60 days prior to the final hearing.
All filings shall be submitted electronically unless otherwise directed. 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.
A summary of the various filing dates is contained in Attachment 3.
TRIBUNAL REGISTRAR
ATTACHMENT 1
ISSUES LIST
- Does the proposed Official Plan Amendment conform with the Provincial Policy Statement, including:
i. The land use compatibility policies thereof; and,
ii. The procedural policies thereof.
Does the proposed Official Plan Amendment conform with the intent, purpose, and procedural requirements of the Official Plan of the City of Quinte West?
Does the proposed Official Plan Amendment represent good planning?
ATTACHMENT 2
ORDER OF EVIDENCE
- Evidence of the Appellant – Domtech Inc.
Mark Touw, MCIP, RPP (tendered as an expert witness in the field of land use planning).
Estimated time in chief – 90 minutes
Estimated time in cross – 90 minutes
- Evidence of the Respondent – The Corporation of the City of Quinte West
Kelly Weste, MCIP, RPP (tendered as an expert witness in the field of land use planning).
Estimated time in chief – 90 minutes
Estimated time in cross – 90 minutes
ATTACHMENT 3
SUMMARY OF DATES
EVENT
DATE
Hearing Dates
November 17, 18, and 19, 2026
Experts’ Meeting
Written motion to limit or exclude any oral or written evidence
No later than 60 days before Hearing Date
Filing of Statement of Agreed Facts
No later than 40 days before Hearing Date
Filing of Joint Document Book and Joint Compendium of Witness Statements
No later than 15 days before Hearing Date
“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.