Niagara Escarpment Hearing Office
Bureau des audiences sur l’escarpement du Niagara
ISSUE DATE: May 23, 2018
CASE NO.: 18-001
PROCEEDING COMMENCED UNDER section 25(8) of the Niagara Escarpment Planning and Development Act, R.S.O. 1990, c. N.2, as amended
Appellant: Kevin Bond (18-001)
Appellant: Karen Redgers (18-002)
Appellant: Coalition on the Niagara Escarpment (18-003)
Applicant: Pam Jackson and Josh Phillips
Respondent: Niagara Escarpment Commission
Subject of appeal: Approval of a Development Permit Application to construct a 2 storey secondary dwelling, a detached garage, a deck, and driveway on an existing parcel and an accessway from the adjacent lot
Reference No.: P/R/2016-2017/442
Property Address/Description: Part Lot 14 RP, Concession 3 EHS
Municipality: Town of Caledon
Upper Tier: Regional Municipality of Peel
NEHO Case No.: 18-001
NEHO Case Name: Bond v. Ontario (Niagara Escarpment Commission)
Heard: April 30, 2018 by telephone conference call
APPEARANCES:
Parties
Counsel/Representative⁺
Karen Redgers and Kevin Bond
Karen Redgers⁺
Coalition on the Niagara Escarpment
Ramani Nadarajah and Jessica Karban (student)
Pam Jackson and Josh Phillips
Edwin Upenieks and Heather Picken
Niagara Escarpment Commission
Lisa Grbinicek⁺
ORDER DELIVERED BY MARCIA VALIANTE
REASONS
Background
1This Order addresses several procedural issues considered at the Pre-Hearing Conference (“PHC”) in this proceeding.
2On March 2, 2017, Pam Jackson and Josh Phillips (“Applicants”) filed a Development Permit Application with the Niagara Escarpment Commission (“NEC”) to allow them to construct a two-storey dwelling, detached garage, deck and driveway (“proposed development”) on an existing lot at 18178 Horseshoe Hill Road, in the Town of Caledon (“Site”). The Site is designated Escarpment Natural Area and Escarpment Rural Area in the Niagara Escarpment Plan (“NEP”); however, the proposed development would be constructed entirely within the Escarpment Rural Area designation. The Site currently supports a single dwelling and several accessory buildings within a farm cluster; the proposed development would add a second single dwelling.
3The NEC Staff Report, prepared by Lisa Grbinicek, recommended refusal but, on January 24, 2018, the NEC conditionally approved the proposed development. On February 2, 2018, Karen Redgers and Kevin Bond filed an appeal of the NEC decision pursuant to s. 25(5.1) of the Niagara Escarpment Planning and Development Act (“NEPDA”) and, on February 6, 2018, the Coalition on the Niagara Escarpment did likewise. These parties together are referred to as “Appellants”.
4The Hearing Officer held a PHC in both appeals on April 30, 2018 by telephone conference call (“TCC”).
Issue
5The issue is the scheduling of procedural steps leading to the hearing.
Relevant Legislation, NEP and Provincial Policy Statement Provisions
6Rule 141 of the Environmental Review Tribunal’s Rules of Practice (“Rules”) provides for the conduct of PHCs regarding development permit hearings under the NEPDA:
- A Pre-hearing Conference may be held to deal with issues such as the following:
a) identifying Parties, Participants and Presenters, and the scope of their participation in the Hearing;
b) determining the length, schedule and location of the Hearing;
c) hearing preliminary motions;
d) identifying, defining or narrowing issues;
e) establishing dates for the exchange among Parties of all documents relevant to the proceeding, and in the possession, control or power of a Party, except for those documents that are privileged;
f) establishing dates for the exchange among Parties and filing with the Tribunal of all documents, witness lists, witness statements and resumes of any expert witnesses that the Party intends to rely on at the main Hearing;
g) establishing facts or evidence that may be agreed on;
h) the settlement or withdrawal of any or all of the issues;
i) determining the order of presentation of evidence and submissions; and
j) any other matters that may assist in the just and expeditious disposition of the proceeding.
Discussion, Analysis and Findings
7At the PHC, the Applicants and the Appellants discussed several procedural issues and agreed on a timeframe for the scheduling of the hearing. These parties advised the Hearing Officer of their intention to discuss among themselves the possible resolution of some or all of the issues in the appeals and requested a continuation of the PHC in order to report on their progress in this regard. The Hearing Officer agreed to the continuation of the PHC via TCC.
8At the PHC, no requests for status as added party, participant or presenter were received. Ms. Grbinicek attended the call but clarified that her role at the hearing would be limited to appearing as a witness, likely under summons, and not as the representative of the NEC.
9The Applicants requested that, despite the upcoming discussions among the parties, the hearing be scheduled rather than waiting to schedule the hearing at the continuation of the PHC. The Appellants agreed. The Hearing Officer scheduled the hearing and the dates for disclosure of relevant documents and for the service and filing of witness statements.
ORDER
10The Hearing Officer orders:
a. The PHC will continue as a TCC to be held on Monday, May 28, 2018 at 10 a.m. At that time, the parties will advise the Hearing Officer of their progress in resolving the issues in this proceeding and, if issues remain, will identify the issues for the hearing.
b. The parties will provide without charge to all other parties a copy of every relevant document in their possession, control or power by June 29, 2018.
c. The parties will serve and file documents they intend to rely on at the hearing and their witness statements, in accordance with Rule 170, by July 31, 2018.
d. The hearing will commence on Tuesday, September 11, 2018 at 10 a.m. The Niagara Escarpment Hearing Office will notify the parties of the location of the hearing at a later date.
Procedural Directions Ordered
“Marcia Valiante”
MARCIA VALIANTE
HEARING OFFICER
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Niagara Escarpment Hearing Office
A constituent tribunal of Environment and Land Tribunals Ontario
Website: www.elto.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248