Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
October 12, 2021
CASE NO(S).:
PL200544
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
1972909 Ontario Limited
Subject:
By-law No. 20-065
Municipality:
City of Peterborough
OLT Case No.:
PL200544
OLT File No.:
PL200544
OLT Case Name:
1972909 Ontario Ltd. v. Peterborough (City)
PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
1972909 Ontario Limited
Applicant:
Muskoka D&M Corp.
Subject:
Consent
Property Address/Description:
689 Towerhill Road
Municipality:
City of Peterborough
Municipal File No.:
B07-20
OLT Case No.:
PL200544
OLT File No.:
PL200645
Heard:
October 5, 2021 by video hearing (“VH”)
APPEARANCES:
Parties
Counsel
1972909 Ontario Limited (“Appellant”)
R. Taylor
Muskoka D&M Corp. (“Applicant”)
J. Ewart
City of Peterborough (“City”)
A. Barber
MEMORANDUM OF ORAL DECISION DELIVERED BY BLAIR S. TAYLOR ON OCTOBER 5, 2021 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Applicant had sought an Official Plan Amendment (“OPA”), a Zoning By-law Amendment (“ZBA”), and a consent for the lands known municipally as 689 Towerhill Road (“Subject Lands”).
2City Council had passed the OPA and ZBA, and the Appellant had appealed only the ZBA to the Tribunal as PL 200544.
3The Applicant had also sought a consent for the Subject Lands, which was also appealed to the Tribunal as PL200645.
4The Tribunal had set a Case Management Conference (“CMC”) for PL200544.
5Unfortunately, the City’s Affidavit of Service (Exhibit 1) was defective.
6At the CMC the Tribunal heard a status update from the parties, consolidated PL200544 and PL200645, abridged the timing for a new notice of CMC to 30 days, directed that the Tribunal’s Case Coordinator provide a new consolidated notice of the CMC to the City, set a new CMC for Thursday, November 18, 2021 by VH, and directed that the City issue the public notice of the new CMC, all for the reasons set out below.
DECISION
7Public notice of a Tribunal hearing is the fundamental underpinning of the Tribunal hearing process.
8The Affidavit of Service (Exhibit 1) received from the City was unsworn, incorrectly referenced the appeal of the OPA and ZBA (but not the consent), provided the wrong date for the CMC, and did not attach as required the Tribunal’s Notice of Hearing. Accordingly, the Tribunal found the Notice to be defective.
9Notwithstanding the issue of Notice, the Tribunal canvassed the other attendees for other interested parties or participants, but all were observers.
10The Tribunal heard a status update from the parties who advised the Tribunal that they were having off-line discussions in an attempt to resolve both the appeals.
11In response to the Tribunal questioning, counsel indicated that the appeals should be consolidated, and that an additional 30 days would be of assistance for their off-line discussions.
12In light of the issue of Notice, the Tribunal suggested this course of action: the Tribunal could consolidate the two appeals, abridge the timing for a new notice to 30 days, and have the Case Coordinator provide a new Notice of a new CMC for both matters to the City. The City would issue the new Notice of Hearing, and during that interim time, the parties would have the opportunity to continue their off-line discussions aimed at settlement.
13Counsel all agreed with this proposed course of action.
14Thus, the Tribunal:
a. Formally consolidated PL200544 and PL200645;
b. Abridged the time for service of a new hearing notice to 30 days;
c. Directed that the Case Coordinator forthwith prepare and provide to the City the new Notice of CMC for both matters;
d. Set a date for the new CMC for Thursday, November 18, 2021 commencing at 10 am by VH; and
e. Directed that the City provide the Notice of the new CMC, and provide an affidavit of service to the Tribunal.
15The Tribunal has then scheduled a one-day CMC by VH on Thursday, November 18, 2021 commencing at 10 a.m.
https://global.gotomeeting.com/join/684524637
Access Code: 684-524-637
16Parties and participants are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections.
17Parties and participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html.
18Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: Toll-Free 1-888-455-1389 or +1 (647) 497-9391. The Access Code is as indicated above.
19Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the VH to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
20Additionally, the Tribunal directs that in the event that the off-line settlement discussions are successful, the CMC may be converted to a settlement hearing.
21In the event that there is a settlement hearing, the Tribunal anticipates receiving in advance of the CMC, executed Minutes of Settlement, appropriately revised draft planning instruments reflecting the settlement, and an affidavit of a land use planner in support of the settlement, and who will also attend at the CMC.
22In the event that there is no resolution among the parties, the Tribunal anticipates receiving in advance of the CMC, a revised (and hopefully scoped) draft Procedural Order and Issues List (“PO”), and which revised draft PO reflects the comments provided by the Tribunal with regard to the circulated draft PO (Exhibit 2).
23I am not seized of these matters.
24Scheduling permitting, I may be available for case management purposes.
25This is the Order of the Tribunal.
“Blair S. Taylor”
BLAIR S. TAYLOR
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.