Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 26, 2026
CASE NO(S).: OLT-25-000298
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: The Inn of the Good Shepherd (Sarnia) Inc.
Subject: Request to amend the Official Plan – Refusal to adopt the requested amendment
Description: To permit the development of a six storey, fifty-six-unit mixed-use building and six stand-alone townhouse units for a total of sixty-two dwelling units
Reference Number: OPA No.11
Property Address: 831 & 837-841 Exmouth Street, Un-numbered Parcel No. PLAN 120 BLK A PT LOT 2 and 779 Melrose Avenue
Municipality/UT: Sarnia/Lambton
OLT Case No.: OLT-25-000298
OLT Lead Case No.: OLT-25-000298
OLT Case Name: The Inn of the Good Shepherd (Sarnia) Inc. v. Sarnia (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: The Inn of the Good Shepherd (Sarnia) Inc.
Subject: Application to amend the Zoning By-law – Refusal
Description: To permit the development of a six storey, fifty-six-unit mixed-use building and six stand-alone townhouse units for a total of sixty-two dwelling units
Reference Number: ZBA No. 8-2024
Property Address: 831 & 837-841 Exmouth Street, Un-numbered Parcel No. PLAN 120 BLK A PT LOT 2 and 779 Melrose Avenue
Municipality/UT: Sarnia/Lambton
OLT Case No.: OLT-25-000299
OLT Lead Case No.: OLT-25-000298
OLT Case Name: The Inn of the Good Shepherd (Sarnia) Inc. v. Sarnia (City)
Heard: January 21, 2026, by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| The Inn of the Good Shepard (Sarnia) Inc. ("The Applicant") | Analee Baroudi |
| City of Sarnia ("City") | Randi Kalar |
DECISION DELIVERED BY W. DANIEL BEST AND ORDER OF THE TRIBUNAL
Link to Order
INTRODUCTION
1The Tribunal convened a Merit Hearing to consider a settlement regarding an appeal brought forward for the above-noted matter. The Applicant appealed under ss. 22(7) and 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended ("Act"), against the refusal of the City to make decisions on Applications for an Official Plan Amendment ("OPA") and a Zoning By-law Amendment ("ZBA") concerning the properties municipally known as 831 and 837-841 Exmouth Street, Un-numbered Parcel No. PLAN 120 BLK A PT LOT 2 and 779 Melrose Avenue in the City (collectively, the "Subject Lands").
2The Applicant has proposed a residential development comprising 56 units in a multiple-use apartment building. All dwelling units are proposed to be affordable.
3The Subject Lands is a consolidation of four parcels of land located at the southwest corner of the intersection of Exmouth Street and Melrose Avenue in the centre of the City.
4For ease of reference, the Tribunal was provided the following Table:
| Address | Legal Description | Area (Hectares) | Frontage (metres) |
|---|---|---|---|
| 837-841 Exmouth Street | Plan 287 LOTS 2 to 3 | 0.14 | 75.5 |
| 831 Exmouth Street | Plan 287 Lot 1 Plan 120 BLK; A PT LOT 2 | 0.14 | 33.5 |
| 779 Melrose Avenue | Plan 287 LOT 4 | 0.07 | 16 |
| Unnumbered Parcel | Plan 120 BLK A PT LOT 2 | 0.24 | 4.5 |
5The proposed development will require the removal of all existing buildings and structures on the Subject Lands.
6Exmouth Street is designated as an arterial road in the Sarnia Official Plan ("SOP"). Melrose Avenue is recognized as a local road in the SOP.
7The land uses surrounding the Subject Lands include low, medium, and high-density residential and commercial uses. Transit stops are located on Exmouth Street approximately 50 metres ("m") to the north and 90 m to the west.
8The Settlement Proposal consists of a redevelopment of the Subject Lands with a six-storey apartment building, comprised of 56 units. The dwelling units in the proposed apartment building are proposed as follows:
- 15 Bachelor Units (10 standard, 5 barrier-free)
- 10 One Bedroom Units (20 standard, 10 barrier-free)
- 10 Two Bedroom Units (8 standard, 2 barrier-free)
- One Guest Bachelor Unit
9The parking ratio requirements have been adjusted to 0.66 spaces per residential unit based on close proximity to transit stops and the affordable housing component of the proposed development, the reduced parking ratio has been supported by the City.
LEGISLATIVE FRAMEWORK
10When considering an appeal of an application to amend an OPA filed pursuant to s. 22 of the Act, and application to amend a ZBA filed pursuant to s. 34, the Tribunal must have regard to matters of Provincial interest as set out in s. 2 and regard to the decision of the City Council, and the information it considered by it pursuant to s. 2.1(1) of the Act.
11Section 3(5) of the Act requires that decisions of the Tribunal affecting planning matters be consistent with the Provincial Planning Statement, 2024 ("PPS").
12The Tribunal must also be satisfied the ZBA conforms with the Official Plans in effect.
13Overall, the Tribunal must be satisfied the OPA, ZBA, and Conditions represent good planning and are in the public interest.
SUBMISSIONS AND EVIDENCE
14In support of the proposed settlement, the following Exhibit was filed:
- Exhibit 1: Affidavit of Jay McGuffin received January 13, 2026.
15Mr. McGuffin is a registered planner and the President and Principal Planner of a land-use planning consulting firm. Based on his experience and expertise outlined in his curriculum vitae, the Tribunal qualified him to provide opinion evidence as an expert in land-use planning.
16Mr. McGuffin stated the proposed development has restricted the building envelope to be oriented to Exmouth Street, reflecting the site context and adjacent land uses. Directing the built form, height, and density toward the arterial road and designated mixed-use corridor aligns with the City’s planned urban structure while reducing development pressure on the interior and rear of the site.
17Mr. McGuffin commented the development proposal preserves the southern portion of the subject lands for maintained open amenity space, landscaping, and additional on-site parking. This configuration provides an effective buffer between the proposed building and the adjacent low-density residential neighbourhood along Melrose Avenue and establishes an appropriate transition in scale and intensity.
18Mr. McGuffin advised the proposed development is consistent with the PPS as it contributes to the supply of affordable housing, supporting complete communities, directing growth to serviced settlement areas, and making efficient use of existing municipal infrastructure. He further advised the proposed development reinforces transit-supportive and pedestrian-oriented development patterns along an arterial corridor.
19Mr. McGuffin confirmed the proposed development conforms with the policies of the County of Lambton Official Plan, ("COP"), directing growth to urban centres and encourage compact, efficient development supported by full municipal services. He continued the proposed development integrates affordable housing within the existing community fabric and further reduces potential land use conflicts by limiting built form adjacent to lower-density residential areas, consistent with COP policies.
20Mr. McGuffin maintained the proposed development conforms to the general intent and purpose of the SOP. He continued the Subject Lands are located within the settlement area and the mid-rise design is reflects requirements respecting height, density and massing along arterial roads while providing appropriate transitions to surrounding residential neighbourhoods.
21Mr. McGuffin advised the proposed ZBA maintains the general intent and purpose of the ZBL. He continued the site-specific zoning provisions remain appropriate given the characteristics of the Subject Lands and the site layout retains overall site functionality, efficient arrangement for parking and servicing, and is supported by existing municipal infrastructure.
22Mr. McGuffin opined the Settlement Proposal represents good planning, and the proposed development addresses the relevant matters of Provincial interest identified in s. 2 of the Act, is consistent with the PPS and conforms with the applicable Official Plans.
23Mr. McGuffin recommended the Tribunal approve the OPA and ZBA instruments as presented.
24The Tribunal accepts the uncontroverted planning opinion evidence of Mr. McGuffin in its entirety. The Tribunal finds the Settlement Proposal addresses the relevant matters of Provincial interest identified in s. 2 of the Act, is representative of good land use planning, is consistent with the PPS, and conforms with the applicable Official Plans.
ORDER
25THE TRIBUNAL ORDERS THAT the appeals are allowed, in part, and the Official Plan for the City of Sarnia is amended as set out in Attachment 1 to this Order.
26THE TRIBUNAL ORDERS THAT the appeals are allowed, in part, and directs the City of Sarnia to amend By-law No. 85 of 2002 as set out in Attachment 2 to this Order. The Tribunal authorizes the clerk of the City of Sarnia to assign a number to this by-law for record keeping purposes.
"W. Daniel Best"
W. DANIEL BEST 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.
Attachment 1
Attachment 2