Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 21, 2021
CASE NO(S).: PL210243
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Dawn Mitchell
Subject: Proposed Official Plan Amendment No. D09-21-01
Municipality: City of Kenora
OLT Case No.: PL210243
OLT File No.: PL210243
OLT Case Name: Mitchell v. Kenora (City.)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Dawn Mitchell
Subject: By-law No. D14-21-01
Municipality: City of Kenora
OLT Case No.: PL210243
OLT File No.: PL210244
Heard: October 7, 2021 by video hearing (“VH”)
APPEARANCES:
| Parties | Counsel |
|---|---|
| Dawn Mitchell (Appellant) | Self-represented |
| City of Kenora (City) | Ursula Melinz Krista Libman |
MEMORANDUM OF ORAL DECISION DELIVERED BY K.R. ANDREWS ON October 7, 2021 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) of an appeal by Dawn Mitchell respecting an Official Plan Amendment and Zoning By-law Amendment passed by City council to enable the future sale and redevelopment of a baseball diamond on the western portion of Central Park for eventual residential development.
2At the outset of the hearing, the Appellant introduced herself as representing herself and other persons interested in the matter. The Tribunal sought clarification regarding her statement of representing others, and the Appellant confirmed that she is only acting on her own behalf.
Service of Notice of CMC
3There was no issue with service of the Notice of this CMC, and so no further notice is required. The Tribunal was in receipt of the Affidavit of Service, which was marked as Exhibit 1.
Requests for Status
4No one appeared seeking either party of participant status. However, when the Tribunal questioned the Appellant on her representing others, she indicated that other people might wish to seek participant status as a means to have their concerns heard. The Tribunal confirmed that other persons could potentially seek participant status at the next date, which would be the hearing, but also strongly encouraged them to provide any participant statement to the parties well in advance of the hearing, or in accordance with deadlines set out in the draft Procedural Order (“PO”), so as to not prejudice the parties.
MEDIATION AND SETTLEMENT
5The Tribunal explored the possibility of mediation and settlement with the parties. The parties indicated that they have had such discussions but seem to be at an impasse.
6The Appellant indicated interest in Tribunal-assisted mediation; however, the City questioned whether there is any middle ground upon which could form the basis of a settlement. Tribunal directed them to contact the OLT Strategic Resolutions Advisor if they decided that they wished to pursue Tribunal-assisted mediation.
PROCEDURAL ORDER AND ISSUES LIST
7The Tribunal received and reviewed a draft PO from the parties. It was prepared by counsel for the City, but the Appellant confirmed that she participated in its preparation, including determination of the Issues List. The draft PO required some amendments to reflect the dates of the hearing, and the parties promised to revise it and send it to the Tribunal by the end of the week. The Tribunal received it, finds it acceptable, and the proceedings shall be governed by it (see Schedule 1).
HEARING
8Upon request of the parties, the Tribunal set a 2-day hearing commencing on Monday, January 24, 2022 at 10 a.m. by VH. No further Notice is required for the hearing.
9Parties and participants are asked to log into the VH at least 15 minutes before the start of the event to test their video and audio connections:
https://global.gotomeeting.com/join/837031765
Access Code: 837-031-765
10Parties 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.
11Persons 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.
12Individuals 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.
ORDER
13The Tribunal Orders that:
The date and particulars of the hearing are set out above;
The Procedural Order appended as Schedule 1 shall govern the proceedings;
The Member is not seized but may be spoken to through the Case Coordinator if any issues arise.
“K.R. Andrews”
K.R. ANDREWS
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.