Ontario Land Tribunal
Tribunal ontarien de l’aménagement
du territoire
ISSUE DATE:
June 11, 2026
CASE NO(S).:
OLT-25-000857
PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant:
Post Scriptum Holdings Inc.
Subject:
Minor Variance
Description:
To permit a motor vehicle dealership along with four other related motor vehicles uses
Reference Number:
A-139-2025
Property Address:
874 Sinclair Road
Municipality/UT:
Oakville/Halton
OLT Case No.:
OLT-25-000857
OLT Lead Case No.:
OLT-25-000857
OLT Case Name:
Post Scriptum Holdings Inc. v. Oakville (Town)
Heard:
May 27, 2026 in writing
APPEARANCES:
Parties
Counsel
Post Scriptum Holdings Inc. (“Appellant”)
Narmada Gunawardana Raj Kehar
Town of Oakville (“Town”)
Dennis Perlin
DECISION DELIVERED BY L.P. YOU AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This decision arises under section (“s.”) 45(12) of the Planning Act, R. S. O. 1990, c. P. 13, as amended, by the Appellant, with respect to the refusal by the Town’s Committee of Adjustment (“COA”) to permit a motor vehicle dealership use along with four related motor vehicles uses (“Application”) at the lands municipally known as 874 Sinclair Road (“Subject Lands”).
2Prior to this Hearing, a Case Management Conference (“CMC”) was conducted to address preliminary matters, including status request and exploration of opportunities for mediation and settlement. The Tribunal was advised that the Parties had discussions about settlement at CMC and the settlement had been reached since the issuance of the CMC decision.
3To facilitate the development, the Appellant seeks the approval of the following variance (“Attachment 1”):
To permit on the Subject Lands the following additional uses:
Motor vehicle dealership;
Motor vehicle body shop;
Motor vehicle rental facility;
Motor vehicle repair facility;
Motor vehicle washing facility.
Whereas table 10.2 of Zoning By-Law 2014-014 does not permit such uses in the E2 sp: 6 Zone.
4The Parties advised the Tribunal that the settlement proposal did not change the scope of the Application but including the agreed conditions of approval of the Application (Attachment 2 to this Order).
5Further, the Parties jointly request the Tribunal consider the settlement proposal with the supporting opinion evidence of expert witness in the area of land use planning Paul Demczak.
DECISION AND CONDITIONS
6The Tribunal confirms that it has received, reviewed and considered the following materials:
Executed Minutes of Settlement;
Draft Order;
Affidavit of Paul Demczak, affirmed on May 25, 2026; and,
Book of Authorities of the Appellant.
7Mr. Demczak provided opinion evidence in his affidavit to support the settlement proposal through his assessment of relevant matters of interest under s.2 and legislative tests under s.45(1) of the Act, the policies related to supporting the municipality to achieve goals and objectives of economic and competitiveness as described in the Provincial Planning Statement 2024 (“PPS 2024”). In his opinion, the settlement proposal has regard to relevant matters of interest under s.2 of the Act, is consistent with the PPS 2024, and meets the four tests as set out in s.45(1) of the Act.
8Mr. Demczak also reviewed the Conditions and recommended the approval of the Application subject to the Conditions agreed upon between the Parties.
FINDING
9The Tribunal accepts the uncontroverted opinion evidence of Mr. Demczak in his affidavit. The Tribunal finds that Application has relevant regard to matters of interest under s.2 of the Act, is consistent with the PPS 2024, and satisfies the prescribed tests under s.45(1) of the Act. In addition, the Tribunal finds that the Conditions are appropriate and acceptable.
order
10THE TRIBUNAL ORDERS THAT the appeal is allowed, in part, and the variance listed in the Attachment 1, to the Zoning By-law 2014-014 of the Town of Oakville, is authorized subject to the Conditions set out in Attachment 2 to this Order.
“L.P. You”
L.P. YOU
MEMBER
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.
ATTACHMENT 1
Variance
To permit on the Subject Property the following additional uses:
Motor vehicle dealership;
Motor vehicle body shop;
Motor vehicle rental facility;
Motor vehicle repair facility;
Motor vehicle washing facility.
Whereas table 10.2 of zoning by-law 2014-014 does not permit such uses in the
E2 sp: 6 zone.
ATTACHMENT 2
Conditions of Approval
- That before any one or more of the permitted uses in Special Provision 3 of the Zoning By-law 2014-014 as amended now being added to Special Provision 6 of the Zoning By-law 2014-014 as amended can be actually established on the Subject Property, and/or before any building permit or other required Town permits can be applied for:
i. Site Plan Approval under s.41 of the Planning Act for the applicable uses must be applied for and granted; and,
ii. the existing Site Plan Agreement between the Town and the Applicant shall be amended, or a new Site Plan Agreement shall be entered into between the Town and the Applicant, and such Site Plan Agreement shall be registered on title to the Subject property in priority to implement the said Site Plan Approval,
That prior to applying for Site Plan Approval under s.41 of the Planning Act, the Applicant will apply for a pre-consultation meeting, and submission requirements for Site Plan Approval will be set out by the Town acting reasonably. All approved plans will provide a landscape strip measured from any surface parking area to any public road of a minimum width agreed upon in the site plan approval process with both the Applicant and the Town acting reasonably and will comply with other in effect zoning regulations as determined through the site plan approval process.
That a Minor Variance Agreement, pursuant to Section 45 (9.1 ) of the Planning Act, be entered into by the Applicant with the Town and registered against the land to which it applies entitling the Town to enforce Conditions 1 and 2 listed in this Schedule, and any agreements thereunder, against the Applicant and, subject to the Registry Act and the Land Titles Act, against any and all subsequent owners of the Subject Property.
That no buildings, structures, landscaping, or any other encumbrances be constructed or placed on existing or proposed Regional easements on the Subject Property and further that the portion of the concrete walkway presently existing on the existing Regional Easement be removed from the existing Regional Easement at no cost to the Region prior to any buildings being constructed or any landscaping being placed on the Subject Property and that a provision to that effect be included in the amended existing Site Plan Agreement or the new Site Plan Agreement referred to in condition 1 of this Schedule prior to execution of same.
That a Minor Variance Agreement, pursuant to Section 45 (9.1 ) of the Planning Act, be entered into by the Applicant with the Region of Halton and registered against the land to which it applies entitling the Region to enforce Condition 4 of this Schedule, and any agreements thereunder, against the Applicant and, subject to the Registry Act and the Land Titles Act, against any and all subsequent owners of the Subject Property. Such Minor Variance Agreement shall also set out the timing, procedure, terms and conditions for the removal of the concrete walkway presently existing on the existing Regional Easement at the Applicant’s cost.