may 24, 2013 - omb.gov.on.ca

PL101316 PL101334 PL101335

Milton Meadows Properties Inc. has appealed to the Ontario Municipal Board under subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from the failure of the Town of Milton to make a decision respecting a proposed plan of subdivision on lands composed of Part Lots 4 and 5, Concession 1, Esquesing in the Town of Milton Approval Authority File No. 24T-07002/M OMB File No.: PL101316 Milton Meadows Properties Inc. has appealed to the Ontario Municipal Board under subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from Council's refusal or neglect to enact a proposed amendment to the Official Plan for the Town of Milton to redesignate land at Part Lots 4 and 5, Concession 1, Esquesing and fulfill requirements for a Tertiary Plan as outlined in Sherwood Survey Secondary Plan to permit the construction of a subdivision commonly known as Royal Park Homes Approval Authority File No. LOPA-01/07 OMB File No.: PL101417 Milton Meadows Properties Inc. has appealed to the Ontario Municipal Board under subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from Council’s refusal or neglect to enact a proposed amendment to Zoning By-law 144-2003 of the Town of Milton to rezone lands respecting Part Lots 4 and 5, Concession 1, Esquesing from FD and GB to C5*XXX, GB, OS, and RMD2*XXX to permit the construction of a subdivision commonly known as Royal Park Homes OMB File No.: PL101407 1321387 Ontario Inc. has appealed to the Ontario Municipal Board under subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from the failure of the Town of Milton to make a decision respecting a proposed plan of subdivision on lands composed of Part Lot 3, Concession 1, Esquesing in the Town of Milton Approval Authority File No. 24T-07003/M OMB File No.: PL101334 1321387 Ontario Inc. has appealed to the Ontario Municipal Board under subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from Council's refusal or neglect to enact a proposed amendment to the Official Plan for the Town of Milton to redesignate land at Part Lot 3, Concession 1, Esquesing and fulfill requirements for a Tertiary Plan as outlined in Sherwood Survey Secondary Plan to permit the construction of a subdivision commonly known as Century Grove Homes Approval Authority File No. LOPA-01/07 OMB File No.: PL101415

Ontario Municipal Board

Commission des affaires municipales de l’Ontario

ISSUE DATE:

May 24, 2013

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1321387 Ontario Inc. has appealed to the Ontario Municipal Board under subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from Council’s refusal or neglect to enact a proposed amendment to Zoning By-law 144-2003 of the Town of Milton to rezone lands respecting Part Lot 3, Concession 1, Esquesing from FD and GB to C5*XXX, GB, OS, RMD1*XXX), and RMD2*XXX to permit the construction of a subdivision commonly known as Century Grove Homes OMB File No.: PL101336 Andrin (Milton) Properties Limited has appealed to the Ontario Municipal Board under subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from the failure of the Town of Milton to make a decision respecting a proposed plan of subdivision on lands composed of Part Lot 1, Concession 1, Esquesing in the Town of Milton Approval Authority File No. 24T-12002/M OMB File No.: PL130129 Andrin (Milton) Properties Limited has appealed to the Ontario Municipal Board under subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from Council's refusal or neglect to enact a proposed amendment to the Official Plan for the Town of Milton to redesignate land at Part Lot 1, Concession 1, Esquesing and fulfill requirements for a Tertiary Plan as outlined in Sherwood Survey Secondary Plan to permit the construction of a subdivision Approval Authority File No. LOPA-01/07 OMB File No.: PL101335 Andrin (Milton) Properties Limited has appealed to the Ontario Municipal Board under subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from Council’s refusal or neglect to enact a proposed amendment to Zoning By-law 144-2003 of the Town of Milton to rezone lands respecting Part Lot 1, Concession 1, Esquesing from FD and GA to GA, GB, OS, RMDI*XXX and RMD2*XXX to permit the development of a subdivision OMB File No.: PL130128 A P P E A R A N C E S : Parties Counsel Counsel

Milton Meadows Properties Inc. 1321387 Ontario Inc.

Neil Davis/ Meaghan McDermid

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Andrin (Milton) Properties Limited Valley Grove Estates Inc. The Corporation of the Town of Milton

Andrea Skinner/Josephine Matera

The Regional Municipality of Halton

David Germain

Conservation Halton

Peter Pickfield

Niagara Escarpment Commission

Demetrius Kappos

Granite Real Estate Inc.

Barry Horosko

Magna International Inc. Magna Structural Systems Inc.

Michael Bowman

The Stronach Trust

Eric Davis

Fiddleheads Family Enterprises Inc.

Susan Rogers (DNA)

Sukhjit Hans

Gerard Borean

Tarlock Sandhu (DNA)

MEMORANDUM OF ORAL DECISION DELIVERED BY J. de P. SEABORN ON MAY 10, 2013 AND ORDER OF THE BOARD

[1] A further prehearing conference was convened, the purpose of which was to

revisit the hearing schedule and put in place a timetable for the exchange of documents

and evidence going forward.

[2] A draft procedural order was circulated in advance of the prehearing. Ian

Thompson, one of the participants, expressed concern with respect to the short notice

of the terms of the draft procedural order. Neil Davis, counsel for the Milton Meadows et

al, explained that the parties recently agreed on the terms of the procedural order.

Nonetheless, Mr. Davis agreed to keep Mr. Thompson and Wendy Roberts, another

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participant who has been involved throughout, better informed going forward. The

Town of Milton (“Town”) does have a website devoted to these appeals to allow the

public to follow the proceedings.

[3] The change in the timelines for the hearing is set out in the Procedural Order

(“Attachment 1”), including the start time of each hearing and location. In the event

issues are resolved, settlement hearings are scheduled for July 29, 2013, for four days

and September 18, 2013, for three days. Counsel will advise the Board and the

participants no later than July 15, 2013, whether the settlement hearing scheduled for

July 29, 2013, will proceed and no later than September 3, 2013; whether the

settlement hearing for September 18, 2013, will proceed (see paragraphs 10 to 13 of

the Procedural Order).

[4] The main hearing is adjourned, with the consent of the parties, and will

commence on January 13, 2014, at 10:00 a.m., Town of Milton, Council Chambers

and continue for eight weeks.

[5] The next prehearing conference will be held on Friday, October 4, 2013, at 10

a.m. at:

Council Chambers 150 Mary Street

Milton, ON

No further notice will be sent. I remain seized of the case management of these

appeals. I am not seized of the settlement hearings referred to above, or the January

2014 hearing.

“J. de P. Seaborn” J. de P. SEABORN VICE-CHAIR

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ATTACHMENT 1

O.M.B. Case Nos. PL101316 PL101334 PL101335

ONTARIO MUNICIPAL BOARD Commission des affaires municipales de l’Ontario

Milton Meadows Properties Inc. has appealed to the Ontario Municipal Board under subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from the failure of the Town of Milton to make a decision respecting a proposed plan of subdivision on lands composed of Part Lots 4 and 5, Concession 1, Esquesing in the Town of Milton

Approval Authority File No. 24T-07002/M O.M.B. File No. PL101316

Milton Meadows Properties Inc. has appealed to the Ontario Municipal Board under subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from Council's refusal or neglect to enact a proposed amendment to the Official Plan for the Town of Milton to redesignate land at Part Lots 4 and 5, Concession 1, Esquesing and fulfill requirements for a Tertiary Plan as outlined in Sherwood Survey Secondary Plan to permit the construction of a subdivision commonly known as Royal Park Homes

Approval Authority File No. LOPA-01/07 O.M.B. File No. PL101417

Milton Meadows Properties Inc. has appealed to the Ontario Municipal Board under subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from Council’s refusal or neglect to enact a proposed amendment to Zoning By-law 144-2003 of the Town of Milton to rezone lands respecting Part Lots 4 and 5, Concession 1, Esquesing from FD and GB to C5*XXX, GB, OS, and RMD2*XXX to permit the construction of a subdivision commonly known as Royal Park Homes

O.M.B. File No. PL101407

1321387 Ontario Inc. has appealed to the Ontario Municipal Board under subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from the failure of the Town of Milton to make a decision respecting a proposed plan of subdivision on lands composed of Part Lot 3, Concession 1, Esquesing in the Town of Milton

Approval Authority File No. 24T-07003/M O.M.B. File No. PL101334

1321387 Ontario Inc. has appealed to the Ontario Municipal Board under subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from Council's refusal or neglect to enact a proposed amendment to the Official Plan for the Town of Milton to redesignate land at Part Lot 3, Concession 1, Esquesing and fulfill requirements for a Tertiary Plan as outlined in Sherwood

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Survey Secondary Plan to permit the construction of a subdivision commonly known as Century Grove Homes


1321387 Ontario Inc. has appealed to the Ontario Municipal Board under subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from Council’s refusal or neglect to enact a proposed amendment to Zoning By-law 144-2003 of the Town of Milton to rezone lands respecting Part Lot 3, Concession 1, Esquesing from FD and GB to C5*XXX, GB, OS, RMD1*XXX), and RMD2*XXX to permit the construction of a subdivision commonly known as Century Grove Homes

O.M.B. File No. PL101336

Andrin (Milton) Properties Limited has appealed to the Ontario Municipal Board under subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from Council's refusal or neglect to enact a proposed amendment to the Official Plan for the Town of Milton to redesignate land at Part Lot 1, Concession 1, Esquesing and fulfill requirements for a Tertiary Plan as outlined in Sherwood Survey Secondary Plan to permit the construction of a subdivision


PROCEDURAL ORDER

The Board may vary or add to these rules at any time, either on request or as it sees fit. It may alter this Order by an oral ruling, or by another written Order.

Organization of the Hearing:

1. The Board will conduct a Mediation on June 18, 2013 at 10:00 a.m. at the Municipal Building (Milton), Council Chambers, 150 Mary Street, Milton. The Parties shall cooperate to set an agenda for the Mediation.

2. If all Parties have agreed on the settlement of one or more issues, the Board will hold a hearing beginning on July 29, 2013 at 10:00 a.m. at the Municipal Building, Council Chambers to hear evidence regarding the settlement of that issue(s). The length of the hearing will be approximately four (4) hearing days.

3. If all Parties have agreed on the settlement of one or more issues, the Board will hold a hearing beginning on September 18, 2013 at 10:00 a.m. at the

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Municipal Building, Council Chambers to hear evidence regarding the settlement of that issue(s). The length of the hearing will be approximately three (3) hearing days.

4. There will be a Pre-Hearing Conference on October 4, 2013 at 10:00 a.m. at the Municipal Building, Council Chambers.

5. The hearing will begin on January 13, 2014 at 10:00 a.m. at the Municipal Building, Council Chambers. The Board will direct on that date when Participants will be invited to give evidence.

6. The length of the hearing will be approximately eight (8) weeks, or approximately forty (40) hearing days.

7. The Parties and Participants identified at the Prehearing Conference (see Attachment 1 to this Order for the meaning of these terms) are listed in Attachment 2. The order of evidence at the hearing is listed in Attachment 3.

8. The issues for the hearing will be determined at the Pre-Hearing Conference on October 4, 2013, and an Issues List will be appended to this procedural Order at that time as Attachment 4. There will be no changes to this list unless the Board permits and a Party who asks for changes may have costs awarded against it.

9. Any person intending to participate in the hearing should provide a telephone number and address (including facsimile number and e-mail address if any) to the Board as soon as possible. Any such person who will be retaining a representative should advise the Parties and the Board of the representative’s name, address and phone number as soon as possible.

Requirements Before the July 29, 2013 and September 18, 2013 Hearings:

10. The Parties shall advise the Board and the Participants by July 15, 2013 whether there are any issues which have been settled by the Parties to be brought before the Board on July 29, 2013. If the Parties advise that no settlement has been agreed upon, the Board shall release the July 29, 2013 Hearing dates.

11. The Parties shall provide to the Board and the Clerk of the Town by July 15, 2013 any documents for which the Parties will be seeking the Board’s approval at the Hearing on July 29, 2013.

12. A Participant must provide to the Board and the Parties a witness statement on or before July 22, 2013, or the Participant may not give oral evidence at the Hearing on July 29, 2013.

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13. The Parties shall advise the Board and the Participants by September 3, 2013

whether there are any issues which have been settled by the Parties to be brought before the Board on September 18, 2013. If the Parties advise that no settlement has been agreed upon, the Board shall release the September 18, 2013 Hearing dates.

14. The Parties shall provide to the Board and the Clerk of the Town by September 3, 2013 any documents for which the Parties will be seeking the Board’s approval at the Hearing on September 18, 2013.

15. A Participant must provide to the Board and the Parties a witness statement on or before September 10, 2013, or the Participant may not give oral evidence at the hearing on September 18, 2013.

Requirements Before the January 13, 2013 Hearing:

16. A Party who intends to call witnesses, whether by summons or not, shall provide to the Board, the other Parties and the Clerk of the Town a list of the witnesses and the order in which they will be called. This list must be delivered on or before October 10, 2013.

17. Expert witnesses in the same field shall have a meeting on or before October 25, 2013 to try to resolve or reduce the issues for the hearing. The experts must prepare a list of agreed facts and the remaining issues to be addressed at the hearing, and provide this list to all of the Parties and the Clerk of the Town.

18. 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. Copies of this must be provided as in s. 19. 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 Board may refuse to hear the expert’s testimony.

19. 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 s. 19.

20. A Participant must provide to the Board and the Parties a witness statement on or before November 29, 2013, or the Participant may not give oral evidence at the hearing.

21. On or before November 12, 2013, the Parties shall provide copies of their witness and expert witness statements to the Board, the other Parties and to the Clerk of the Town.

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22. On or before December 12, 2013, Parties may provide to the Board and to all

other Parties and file with the Clerk of the Town a written response to any written evidence of another Party.

23. On or before January 7, 2014, the Parties shall provide copies of their visual evidence to all of the other Parties and the Clerk of the Town. If a model will be used, all Parties must have a reasonable opportunity to view it before the hearing.

24. A person wishing to change written evidence, including witness statements, must make a written motion to the Board.

(see Rules 34 to 38, inclusive, of the Board’s Rules, which require that the moving Party provide copies of the motion to all other Parties ten (10) days before the Board hears the motion.)

25. A Party who provides a witness’ written evidence to the other Parties must have the witness attend the hearing to give oral evidence, unless the Party notifies the Board at least ten (10) days before the hearing that the written evidence is not part of their record.

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26. Granite Real Estate Inc. (“Granite”), as landlord, Magna International Inc. and

Magna Structural Systems Inc. (“Magna”) as tenant, and 2272769 Ontario Inc ("the Stronach Trust"), as owner of a beneficial interest, shall permit reasonable access to their respective lands in accordance with their respective legal interests for the other Parties who have identified an interest in noise and vibration for the purpose of gathering field data (the “Noise Data”), upon reasonable notice to Granite, Magna and the Stronach Trust. The Noise Data shall be strictly confidential and shall only be used for the purposes of the Mediation and the Hearing, and shall not be used or disclosed for any other purpose. To further ensure the confidentiality of the Noise Data and all other aspects of Magna’s facilities and operations, every Party (including consultants) obtaining access for the purpose of gathering Noise Data shall execute a Non-Disclosure Agreement in a form that is acceptable to Magna. Following the collection by the Parties of Noise Data, the Parties’ consultants shall meet to exchange their findings respecting the Noise Data, including the acoustical models and other assumptions used, and to identify areas of agreement and any areas of disagreement. All subsequent reports prepared by the Parties’ consultants analyzing the Noise Data shall be exchanged in accordance with the terms of this Procedural Order. If data respecting land use compatibility issues other than Noise Data is required by any Party, the foregoing procedure applies. The Board may be spoken to, without the necessity of formal motion materials, but upon written notice to all Parties, in the event of a dispute regarding the procedure in this section, including with respect to the form or content of a Non-Disclosure Agreement, and the Board will provide directions, which may include amendments to this Procedural Order.

27. Parties who wish to participate on the issues other than land-use compatibility (the “other issues”) include: the Regional Municipality of Halton, the Town of Milton, Conservation Halton, Milton Meadows Properties Inc., 1321387 Ontario Inc., Andrin (Milton) Properties Limited, Valley Grove Estates Inc., Magna International Inc., Magna Structural Systems Inc., Granite Real Estate Inc., 2272769 Ontario Inc. (The Stronach Trust), the Niagara Escarpment Commission and Ms. Sukhjit Hans. The Parties agree to co-operate in exchanging requested information with respect to the other issues prior to any Mediation dates which may be set concerning these issues. The Board may be spoken to, without the necessity of formal motion materials, but upon written notice to all Parties, in the event of a dispute regarding the procedures in this section, and the Board may provide directions, which may include amendments to this Procedural Order.

28. Documents may be delivered by personal delivery, e-mail, facsimile or registered or certified mail, or otherwise as the Board may direct. The delivery of documents by facsimile shall be governed by the Board’s Rules 26 – 31. Material delivered

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by mail shall be deemed to have been received five business days after the date of registration or certification.

29. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Board’s Rules apply to such requests.

This Member is [not] seized. So Orders the Board.

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ATTACHMENT 1

Purpose of the Procedural Order and Meaning of Terms

The Board recommends that the Parties meet to discuss this sample Order before the prehearing conference to try to identify the issues and the process that they want the Board to order following the conference. The Board will hear the Parties’ comments about the contents of the Order at the conference.

Prehearing conferences usually take place only where the hearing is expected to be long and complicated. If you are not represented by a lawyer, you should prepare by obtaining the Guide to the Ontario Municipal Board, and the Board’s Rules, from the Board Information Office, 15th Floor, 655 Bay Street, Toronto, M5G 1E5, 416-326-6800, or from the Board website at www.omb.gov.on.ca.

Meaning of terms used in the Procedural Order:

Party is an individual or corporation permitted by the Board to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other Parties, and making submissions on all of the evidence. If an unincorporated group wishes to become a Party, it must appoint one person to speak for it, and that person must accept the other responsibilities of a Party as set out in the Order. Parties do not have to be represented by a lawyer, and may have an agent speak for them. The agent must have written authorization from the Party.

NOTE that a person who wishes to become a Party before or at the hearing, and who did not request this at the prehearing conference, must ask the Board to permit this.

Participant is an individual, group or corporation, whether represented by a lawyer or not, who may attend only part of the proceeding but who makes a statement to the Board on all or some of the issues in the hearing. Such persons may also be identified at the start of the hearing. The Board will set the time for hearing this statements.

NOTE that such persons will likely not receive notice of a mediation or conference calls on procedural issues. They also cannot ask for costs, or review of a decision as Parties can. If a Participant does not attend the hearing and only files a written statement, the Board will not give it the same attention or weight as submissions made orally. The reason is that Parties cannot ask further questions of a person if they merely file material and do not attend.

Written and Visual Evidence:

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Written evidence includes all written material, reports, studies, documents, letters and witness statements which a Party or Participant intends to present as evidence at the hearing. These must where possible have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.

Visual evidence includes photographs, maps, videos, models, and overlays which a Party or Participant intends to present as evidence at the hearing.

Witness Statements:

A witness statement is a short written outline of the person’s background, experience and interest in the matter; a list of the issues which he or she will discuss and the witness’ opinions on those issues; and a list of reports that the witness will rely on at the hearing.

An expert witness statement should include his or her (1) name and business address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness’ opinions on those issues and the complete reasons for the opinions and (5) a list of reports and documents that the witness will rely on at the hearing.

A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a list of the issues which the Participant will address and a short outline of the evidence on those issues; and a list of reports and documents, if any, which the Participant will refer to at the hearing.

Additional Information

Summons: A Party must ask a Board Member or the senior staff of the Board to issue a summons. This request must be made before the time that the list of witnesses is provided to the Board and the Parties. (See Rules 45 and 46 on the summons procedure.) If the Board requests it, an affidavit must be provided indicating how the witness’ evidence is relevant to the hearing. If the Board is not satisfied from the affidavit, it will require that a motion be heard to decide whether the witness should be summoned.

The order of examination of witnesses: is usually direct examination, cross-examination and re-examination in the following way:

direct examination by the Party presenting the witness;

direct examination by any Party of similar interest, in the manner determined by the Board;

cross-examination by Parties of opposite interest;

re-examination by the Party presenting the witness; or

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another order of examination mutually agreed among the Parties or directed by the Board.

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ATTACHMENT 2

List of Parties and Participants

Parties: 1. Milton Meadows Properties Inc., 1321387 Ontario Inc. and

Andrin (Milton) Properties Limited

Mr. Neil Davis Davis Webb LLP 24 Queen Street East Suite 800 Brampton, Ontario L6V 1A3 e-mail: [email protected] t: 905-451-6714 f: 905-454-1876

Mr. Michael Melling and Ms. Meaghan McDermid Davies Howe Partners LLP The Fifth Floor 99 Spadina Avenue Toronto, Ontario M5V 3P8 e-mail: [email protected] email: [email protected] t: 416-977-7088 f: 416-977-8931

2. The Corporation of the Town of Milton Ms. Josephine Matera

Aird & Berlis LLP Brookfield Place, 181 Bay Street Suite 1800, Box 754 Toronto, Ontario M5J 2T9 e-mail: [email protected] t: 416-865-3061 f: 416-863-1515

Ms. Andrea Skinner Aird & Berlis LLP Brookfield Place, 181 Bay Street Suite 1800, Box 754 Toronto, Ontario M5J 2T9 e-mail: [email protected] t: 416-865-3423 f: 416-863-1515

3. The Regional Municipality of Halton Mr. David Germain

Thomson, Rogers Barristers and Solicitors 390 Bay Street, Suite 3100

mailto:[email protected]

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Toronto, Ontario M5H 1W2 e-mail:[email protected] t: 416-868.3100 f: 416-868-3134

4. Conservation Halton Mr. Peter Pickfield

Garrod Pickfield LLP 9 Norwich Street West Guelph, Ontario N1H 2G8 e-mail: [email protected] t: 519-837-0500 f: 519-763-2204

Mr. Michael Connell Garrod Pickfield LLP 9 Norwich Street West Guelph, Ontario N1H 2G8 e-mail: [email protected] t: 519-837-0500 f: 519-763-2204

5. Magna International Inc. and Magna Structural Systems Inc. Mr. Michael Bowman

Osler, Hoskin & Harcourt LLP Box 50, 1 First Canadian Place Toronto, Ontario M5X 1B8 e-mail: [email protected] t: 416-862-6834 f: 416-862-6666

6. Granite Real Estate Inc. Mr. Barry A. Horosko

Bratty & Partners LLP 7501 Keele Street Suite 200 Vaughan, Ontario L4K 1Y2 e-mail: [email protected] t: 905-760-2600 ext 339

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f: 905-760-2900

7. Fiddleheads Family Enterprises

Inc.

Ms. Susan D. Rogers

Susan D. Rogers Law 1500, 4 Robert Speck Parkway Mississauga, Ontario L4Z 1S1 e-mail: [email protected] t: 905-990-2175 f: 905-896-0391

8. Ms. Sukhjit Hans Mr. Gerry Borean

Parente Borean 3883 Highway No. 7 Woodbridge, Ontario L4L 6C1 e-mail: [email protected] t: 905-850-6066 f: 905-850-6069

9. Mr. Tarlock Sandhu

10. 2272769 Ontario Inc. (The Stronach Trust)

Mr. Steven O’Melia Miller Thomson LLP 295 Hagey Boulevard, Suite 300 Waterloo, Ontario N2L 6R5 e-mail: [email protected] t: 519-593-3289 f: 519-743-2540

Mr. Eric Davis Miller Thomson LLP 295 Hagey Boulevard, Suite 300 Waterloo, Ontario N2L 6R5 e-mail: [email protected] t: 519-593-3282 f: 519-743-2540

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Participants:

1. Ms. Olga Cheeseman

21 Peru Rd. Milton, Ontario L9T 2V5

2. Mr. David M. Curk 72 Peru Road Milton, Ontario L9T 2V8

3. Ms. Lori Dal Bello

29 3rd Sideroad Milton, Ontario L9T 2W5 e-mail: [email protected]

4. Mr. Tom Dal Bello

10 Milton Heights Crescent Milton, Ontario L9T 2W7 e-mail: [email protected]

5. Mr. Tony Dal Bello

29, 3rd Sideroad Milton, Ontario L9T 2W5

6. M & M Daviau

76 Tremaine Road Milton, Ontario L9T 2W9

7. Ms. Ernesta Gaetan




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8. Mr. Paolo Gaetan

75 Tremaine Road Milton, Ontario L9T 2W8 e-mail: [email protected]

9. Mr. Walter Gaetan


10. Ms. Elain H.

17 Third Sideroad Milton, Ontario L9T 2W5

11. Murray Hunt, Hunt Trucking Ltd.,

and M. W. Hunt Haulage Ltd. Mr. Andrew Hukowich Smith & Hukowich Barristers and Solicitors Suite 400, 2405 Lakeshore Blvd. W. Toronto, Ontario M8V 1C6 e-mail: [email protected] t: 416-259-7638 f: 416-259-7424

12. Mr. Jack Jones

33 Peru Road Milton, Ontario L9T 2V5 e-mail: [email protected]

13. Mr. Russ Kidd






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14. Jo Little

19 Third Sideroad Milton, Ontario L9T 2W5

15. Ms. Linda Michelon

3167 Steeles Avenue West Milton, Ontario L9T 2W9

16. Mr. Peter Myronyk

8713 Dublin Line R.R. #3 Milton, Ontario L9T 2X7 e-mail: [email protected]

17. Ms. Anne Rice 13 Third Sideroad Milton, Ontario L9T 2W5

18. Mr. Joe Rosato and Mrs. Maria

Rosato 195 Alderbrae Avenue Etobicoke, Ontario L8W 4K7

19. Mr. Dante Scalise

Part Lot 3, Concession 1 e-mail: [email protected]

20. Ms. Mirella Scalise

(landowners: Giuseppe Scalise, Jane Scalise) 124 Cabinet Crescent Woodbridge, Ontario L4L 6E5 e-mail: [email protected]




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21. Ms. June Siriunas

25 No. 3 Sideroad Milton, Ontario L9T 2W5 e-mail: [email protected]

22. Mr. John Siriunas

25 No. 3 Sideroad Milton, Ontario L9T 2W5 e-mail: [email protected]

23. Mr. Doug Walmsley

179 Bronte Road Oakville, Ontario L6L 3C4

24. Ms. Sherley Walmsley

179 Bronte Road Oakville, Ontario L6L 3C4

25. Mr. Rocky Gaetan

29 Milton Heights Crescent Mitlton, Ontario L9T 2W7 e-mail: [email protected]

26. Ms. Rachel McDonald

Representing Milton Heights and Peru Property Owners’ Association 137 Tremaine Road Milton, Ontario L8T 2X2 e-mail: [email protected]

27. Gilles Pignolet de Fresne

42 Peru Road Milton, Ontario L9T 2V7 e-mail: [email protected]






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28. Monte Dennis

Coalition on the Niagara Escarpment 193 James Street South Hamilton, Ontario L8P 3A8 Email: [email protected]

Participants represented by Wendy Roberts and/or Ian Thompson: 29. Ms. Wendy Roberts


30. Mr. Ian Thompson

77 Tremaine Road Milton, Ontario L9T 2W8 email: [email protected]

31. Mr. Byron Coutts

122 Tremaine Road Milton, Ontario L9T 2X3

32. Mr. David Daresi

17 Third Side Road Milton, Ontario L9T 2W5

33. Ms. Azzura Faggion


34. Mr. Don Given




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35. Mr. Corey Harris

23 Milton Heights Crescent Milton, ON L9T 2W7 e-mail: [email protected]

36. Mr. Vittorio Marinuzzo

7 Peru Road Milton, Ontario L9T 2V5

37. Mr. Ron Newell

32 Milton Heights Crescent Milton, Ontario L9T 2W7

38. Ms. Joan Noble


39. Ms. Flavia Prior


40. Mr. Brian Smith

25 Milton Heights Crescent Milton, Ontario L9T 2W7

41. Mr. Jon Michael Randolph Smith


42. Ms. Leigh Spooner



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43. Mrs. Sandra Taylor and

Mr. Glenn Taylor 136 Tremaine Road Milton, Ontario L9T 2X3

44. Mr. John Tretjack


45. Ms. Sonjia Vascotto


46. Ms. Carmelina Vizzini


47. Mr. Charlie Vizzini


48. Mr. Ray Wooldridge


49. Italian Canadian Club of Milton

(I.C.C.M.) 104 Tremaine Road P.O. Box 92 Milton, Ontario L9T 2W9

50. Mr. Greg McDonald

115 Tremaine Road Milton, Ontario L9T 2X1 e-mail: [email protected]


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51. Mr. Nigel Begg

5449 Kelso Road R.R.3 Milton, Ontario L9T 2X7 e-mail: [email protected]

52. Mr. Joseph Lozinski

3228 Steeles Avenue, West Milton, Ontario L9T 2V3


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ATTACHMENT 3

Order of Evidence

1. Milton Meadows Properties Inc., 1321387 Ontario Inc. and

Andrin (Milton) Properties Limited

2. Ms. Sukhjit Hans

3. Mr. Tarlock Sandhu

4. The Corporation of the Town of Milton

5. The Regional Municipality of Halton

6. Conservation Halton

7. The Niagara Escarpment Commission

8. Magna International Inc. and Magna Structural Systems Inc.

9. Granite Real Estate Inc.

10. 2272769 Ontario Inc. (The Stronach Trust)

11. Fiddleheads Family Enterprises Inc.

12. Reply by Milton Meadows Properties Inc., 1321387 Ontario Inc. and Andrin (Milton) Properties Limited

Note: The Hearing Panel will determine the time for hearing evidence from the Participants