OLT Decision - 2 Fox Road

On April 22, 2026, the Ontario Land Tribunal (OLT) held a one-day hearing about an appeal related to 2 Fox Road. The appeal was submitted by 1664281 Ontario Inc. and involved four applications to divide the property into four new lots and one retained lot.

Before the hearing began, the Tribunal received letters from the parties confirming that the applicant and the Municipality had reached a proposed settlement for the Tribunal to review. The settlement was consistent with the staff recommendation report provided to the Committee of Adjustment on December 18, 2025.

The Tribunal first considered a request from Mr. Johnston to be granted Party status. This means that Mr. Johnston asked to have a formal role in the hearing. The Municipality did not take a position on this request, which means that the Municipality did not oppose or support that request. The Tribunal decided not to grant Party status and found that Participant status was more appropriate, meaning that Mr. Johnston would be allowed to participate, but not as a formal party to the case.

In its decision issued on May 5, 2026, the Tribunal allowed the appeal and granted provisional consent for the proposed lot severances, subject to several conditions.

These conditions are:

1. The owner must enter into a severance agreement with the Municipality for the extension and connection of municipal services to each new lot and the retained lot.
2. A grading plan must be prepared for each lot, to the satisfaction of both the Ganaraska Regional Conservation Authority and the Municipality.
3. A pre-development tree inventory and site assessment report must be completed, and its recommendations must be followed to the Municipality’s satisfaction.
4. A cash-in-lieu of parkland fee must be paid for each new lot, in accordance with the Municipality’s policy and current legislation.
5. The proposed building areas must be shown on the draft survey to confirm zoning compliance. If there are any zoning issues, they must be addressed through a Minor Variance and/or a Zoning By-law Amendment application.
6. The existing accessory structure must either be removed or addressed through a Minor Variance application.

Read the full OLT decision on our website.

2026-05-11