Caledon residents take legal action over rushed zoning for 35k homes pushed by Mayor Annette Groves 

Disappointment.

This was the prevailing sentiment among Caledon residents toward Mayor Annette Groves and Town Council as they gathered on December 11 for a meeting organized by the citizens' group Democracy Caledon which is taking the local government to court over its controversial June 25 rezoning decision.

The legal action was one of the few remaining pathways to challenge the surprise decision by council to rezone 12 large parcels for wide scale residential development across the mostly rural municipality. A move residents have labelled as undemocratic. 

Premier Doug Ford and his PC government eliminated the ability for residents to appeal such decisions to the Ontario Land Tribunal—the traditional course of action when a municipal decision is challenged by residents or developers—leaving the courts as the only legitimate way to stop the snap decision by Groves. 

Earlier this year, the mayor and a majority of council approved the rezoning of 12 properties in the Town, much of it greenspace, farmland and portions of the Greenbelt, to facilitate the construction of 35,000 homes. The approval was done without the proper studies, with limited public consultation, and despite opposition from the Region of Peel which labelled the rezoning as “premature” and noted it would cost billions of dollars to build the necessary support infrastructure; while the provincial housing ministry also warned that the bylaws did not conform to legislation and policies under Queen’s Park’s authority. The original bylaws were drafted for Mayor Groves by Quinto Annibale, a development lawyer with Loopstra Nixon who was also representing one of the developers who stood to gain from the rezoning. The Town has failed to adequately explain how this is not a conflict of interest. 
 

(Democracy Caledon)

On December 5, Democracy Caledon’s legal counsel filed a notice of application with the Ontario Superior Court of Justice, challenging the legality of the 12 zoning bylaw amendments approved by Caledon Council.

The Court served the notice to the Town of Caledon the next day. 

“We wish we weren’t in this position. We do not relish being here where we are in litigation with our town council. This is not a happy place for us. Somebody had to stop this,” Democracy Caledon president Debbe Crandall said. “The Mayor and her fellow ‘sprawlinators’ ignored repeated calls from hundreds of Caledon residents to explain why the rush?...there’s too much at risk for us to do nothing.”

The legal team, which includes environmental lawyer David Donnelly and land-use planning expert Roberto Aburto with Dentons Canada law firm, argues the rezoning does not align with the Official Plans of Caledon and Peel Region and should be quashed for "illegality" under Section 273 of the Municipal Act—the section of the legislation that allows courts to overrule municipal decisions that do not conform with approved policies.

Donnelly explained the zoning amendments do not conform with the Town of Caledon’s Official Plan, the Future Caledon Official Plan or with the Region of Peel Official Plan.

“The law in Ontario is very, very clear,” he said.

Section 24 of the Ontario Planning Act mandates that “no bylaw shall be passed that does not conform to an official plan,” and Section 237 of the Ontario Municipal Act asserts that “a non-conforming bylaw is illegal and should be quashed.”

Subsection 24(1) of the Planning Act further stipulates that “where an official plan is in effect, no public work shall be undertaken” unless specific exceptions apply.

Official Plans in Caledon and the Region of Peel are explicit in requiring councils receive supporting technical studies before approving any new development. This was not done ahead of approving the zoning bylaws—instead Groves claimed these secondary plans would be completed following approval. This stipulation was only added after uproar from the community—the initial amendments did not include such a requirement. 

Section 5.5.6 of the regional Official Plan demands these studies to ensure efficient infrastructure planning and development—studies that were not submitted before the council vote, when it was required “as a matter of law.” This is the main reason the Region of Peel recommended the plan championed by Groves not proceed as it was “premature”. 

“Direct the local municipalities, in cooperation with the Region, to prepare growth management and phasing strategies for Designated Greenfield Areas and Strategic Growth Areas within the Regional Urban Boundary,” the Peel Official Plan states.

The Caledon Official Plan also requires secondary plans to be in place before any new zoning is allowed.

“Applications for development within the designated greenfield area should only be submitted where a secondary plan is in effect,” it reads.

Donnelly pointed out that no secondary plans exist for the 12 rezoned properties, and council did not receive the mandatory “supporting studies and technical analysis prepared to the satisfaction of the town,” as stipulated in the Official Plan.

Map of the 12 parcels of land approved for rezoning.

(Town of Caledon)

“Official plans are absolutely, positively crucial,” Donnelly said. “They make development and infrastructure spending transparent and predictable through a rigorous public participation process.”

Typically, he explained, residents voice their needs for infrastructure and how funding should be allocated. But in Caledon, the situation is the “opposite.”

“You told them you didn’t want this infrastructure planning, you were happy with yours, and if there was to ever be an exception to it, you wanted a rigorous public process that started with a growth management plan…then have the opportunity to review that material, and respond to your council.

“It is not permitted for council or the mayor to ignore the wishes of residents,” Donnelly asserted. “They cannot assume the role of experts or claim to know better how to spend your money.”

The Town of Caledon, in a press release, stated it would be “vigorously defending” the rezonings and accused Democracy Caledon of using scare tactics to mislead residents.

The Town asserts the bylaws were approved in accordance with provincial and municipal legislation and “in keeping with all procedural requirements” of the Planning Act and Municipal Act.

This is incredibly misleading. The bylaws were pushed through by Groves using her Strong Mayor Powers, which cut public consultation to the bone and completely disregarded standard urban planning practices. 

Victor Doyle, an urban planning expert who helped design the legislation that created the Greenbelt, previously told The Pointer in his decades of planning experience, he has never seen anything like this plan before.

Throughout the process to approve these zoning amendments, Caledon residents have been repeatedly misled by Mayor Groves. 

After the bylaws were made public and resident uproar ensued, she backpedalled and promised no vote would be held during the summer. Instead, near the end of June, she broke her public promise and pushed through the approval despite multiple delegations urging her to honour her word. 

Results of the vote to approve 11 of the 12 Zoning By-law amendments (the 12th was passed later). 

All council members, except Dave Sheen, Lynn Kiernan, and Christina Early, approved the 11 bylaws that first went to a vote, while Nick de Boer declared a conflict of interest, following legal advice. The final bylaw was approved shortly after.

Before Wednesday’s Democracy Caledon meeting kicked off, Mike Balkwill, a community activist and the evening's host, asked if any members of the town council were in attendance. 

His question was met with a collective chuckle, and one resident quipped, “That’s funny.” 

Democracy Caledon president Debbe Crandall speaking about the impact of sprawl on the town’s ‘farmland, wildlife, headwaters and Greenbelt.’

(Joel Wittnebel/The Pointer)

The sense of distrust toward Caledon’s local elected officials and senior Town staff was revealed throughout the meeting. Residents vowed to put up a fight, one that could spell trouble for Groves and her council supporters in two years when residents go to the polls.

In July, a survey conducted by Toronto market research firm Pallas Data and sponsored by Small Change Fund on behalf of Democracy Caledon revealed strong opposition to the controversial rezoning decision. 

• 60 percent of Caledon residents opposed the council’s move to pre-zone 5,000 acres of prime farmland for urban development.
• 76 percent deemed it irresponsible to zone land without a comprehensive financial forecast.
• 58 percent felt the decision primarily benefited developers. 
• 59 percent of residents either strongly or somewhat supported an independent inquiry into the financial implications of council’s actions.

The amendments put forth by Groves far exceed the provincial target of 13,000 units for Caledon under the PC government’s Bill 23 housing plan. 

Residents watch videos from Mayor Annette Groves used during her campaign for mayor when she promised to protect Caledon’s green spaces and farmland and advocated for smart growth.

(Joel Wittnebel/The Pointer)

Once completed, this would be the largest urban development in Caledon’s history, with the potential to double the town’s population and dramatically alter its character and landscape.

Groves’ push to exceed the provincial target by 22,000 units has been a hot-button issue in Caledon this year alongside the proposed Highway 413 and an 800-acre blasting quarry. 

For a town of approximately 80,000 residents, once celebrated as the greenest in Ontario, Groves had campaigned in 2022 on promises to protect the environment and preserve the town’s character, pledging to prioritize residents’ concerns around developer-driven planning. 

“Developers do not plan our community… the people plan our own community and our future,” she had said in her 2022 campaign video.

Today, many feel those promises have been broken.

“I voted for her, I believed in her and I’m so disappointed,” Caledon resident Nancy Urekar told The Pointer. “The things she promised, she’s not doing it. She’s not the person I voted for.”

Carol Seglins, who served three terms as mayor of Caledon from 1994 to 2003, told The Pointer the town has been her home since 1967. It's where she raised her four children and where she shared her final memory with her late husband.

She cherished her time as mayor, but it's been “breaking (her) heart to see what this new group of people have been trying to do to Caledon… We fought for a long time to make sure that we respected our communities, and the way it grew.”

On April 17, Democracy Caledon hosted its first public meeting where nearly 150 showed up to share their concerns about the plan being pushed by Groves. The mayor, who was in attendance at the meeting, defended her position, often getting visibly angry as she tangled in several back-and-forths with residents. 

Caledon Mayor Annette Groves defending her controversial plan during a public meeting, hosted by Democracy Caledon, earlier this year.

(Joel Wittnebel/The Pointer Files)

The Town hosted its first public meeting to consider the 12 bylaws on April 25. Hundreds of residents filled multiple rooms and overflow spaces at town hall. The meeting lasted into the early morning hours with the majority of residents speaking out sharing their opposition to the plan, labelling it “undemocratic” and “rushed”.

The Region of Peel sent 12 letters to the Town of Caledon, one for each parcel of land, expressing concerns that the bylaws were “premature” and in violation of numerous conditions under the Region’s planning policy documents. 

The Region pointed out that 9 of the 12 parcels in the zoning amendments were not needed to meet Caledon’s housing target—despite the claims by Groves.

It warned that the water infrastructure alone for the 35,000 proposed homes would cost billions of dollars.

Property taxes could double or triple, potentially forcing many residents to relocate. The Town’s finances would not be able to recover for decades.

Hundreds of residents filled Caledon Town Hall earlier this year, the vast majority in opposition to the proposed zoning changes.

(Joel Wittnebel/The Pointer Files) 

The strong opposition forced Mayor Groves to delay the vote but instead of holding off until after the summer as she promised, to gather more information so staff, council members and the public could better understand the costs to support the doubling of Caledon’s population, she suddenly sprang the vote in June, with none of the questions answered.

“Your voices have been heard, and your concerns respected,” she assured the public before ultimately breaking her word. 

Prior to her announcement, Ontario’s Minister of Municipal Affairs and Housing, Paul Calandra had sent a letter to the Mayor and Town Clerk.

“Because the proposed Zoning By-law Amendments would permit development within the protected corridors (for the GTA West Highway, also known as the 413 Highway), passage of the proposed Zoning By-law Amendments, particularly for [six of the land parcels Groves wants to approve for development] would be inconsistent and not conform with provincial and regional policy directions.”

Despite Mayor Groves repeatedly mentioning affordable housing, the proposed zoning bylaw fails to include any provisions to ensure the 35,000 new units will include options considered affordable.

The bylaws do not meet the Region of Peel's requirement for greenfield development to ensure a minimum density of 67.5 residents and/or jobs per hectare—which is mandated for such growth. 

Opponents of Groves’ developer-driven approach argue they support growth but oppose unplanned sprawl that lacks infrastructure. They favour compact, sustainable development around existing population centers like Bolton, a mantra Groves herself repeatedly extolled for years, even when she was running for mayor. It’s unclear why she changed course immediately after winning her seat.

Not only did Groves ignore the Region of Peel, she also failed to ensure that its comments and concerns were included in the public record, as required.

By neglecting key federal and provincial legislation, Groves' plan could be deemed illegal by the Ontario Superior Court of Justice, advocates hope.
 

Environmental lawyer David Donnelly speaks during the December 11 meeting hosted by Democracy Caledon.

(Joel Wittnebel/The Pointer Files)

A previous analysis by The Pointer of the Region’s work revealed most of the 12 parcels lack critical studies on environmental impacts, transportation, servicing and would devastate species at risk in the area. Nine of the parcels are unnecessary to meet the Town’s housing target, and ten do not align with the Region of Peel’s Official Plan.

Donnelly emphasized that, alongside the residents being vocal of their concerns, public agencies are also backing the case, which could underscore its significance in the eyes of the court and provide a “huge advantage” to their legal challenge.

The court will take into account letters from the Region of Peel and the Toronto Region Conservation Authority, which labelled the zoning as premature, inconsistent with the Provincial Policy Statement, and, more critically, pointing out that environmental protection area mapping was either "incorrect or entirely absent."

Environmental lawyer David Donnelly answered residents’ questions about the legal action being taken against the Town.

(Joel Wittnebel/The Pointer)

As repeatedly pointed out by experts, the bylaws also lack crucial environmental protections, putting the Greenbelt—one of the world’s largest protected greenspaces—at risk. Without holding provisions, the plan fails to safeguard sensitive ecosystems, especially amid concerns over Premier Ford’s weakening of the Endangered Species Act.

This impacts people beyond Caledon, even those living in downtown Toronto, who will have to drive farther to experience what was once "true rural Ontario."

“We have to do things to protect what we’ve got for the next generations,” Urekar said, urging fellow residents to contribute to the legal fight. 

She was among the many residents who by the end of the evening had helped raise $16,000.

“We feel compelled to act to protect Caledon’s character,” Crandall said, “and the rights of all of us to plan our own community, not the developers who don’t live here.”

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