Williams v. Rideau Valley Conservation Authority, 2021 CanLII 109383

ISSUE DATE: October 25, 2021

CASE NO(S).: CA 001-21

PROCEEDING COMMENCED UNDER section 28(15) of the Conservation Authorities Act, R.S.O. 1990, c. C.27, as amended

Appellants: Ronald and Lynda Williams

Respondent: Rideau Valley Conservation Authority

Subject: Appeal of refusal to grant permission for the construction of a residential building (Permit Application No. RV6-0321)

Property Address: 6793 Rideau Valley Drive

Municipality: Village of Kars/ City of Ottawa

OLT Case No.: CA 001-21

OLT Case Name: Williams v. Rideau Valley Conservation Authority

Heard: October 13, 2021 by telephone conference call

APPEARANCES:

Parties

Representative

Ronald and Lynda Williams

Self-represented

Rideau Valley Conservation Authority

Eric Lalande

MEMORANDUM OF ORAL DECISION DELIVERED BY S. JACOBS ON OCTOBER 13, 2021 AND ORDER OF THE TRIBUNAL

1Lynda and Ronald Williams would like to construct a small residential building on their property located at 6793 Rideau Valley Drive South in Kars. They applied to the Rideau Valley Conservation Authority (the “Authority”) for permission to do so. After conducting a hearing, the Authority refused the application, citing the property’s location within a floodplain and a prohibition on construction on vacant lots of record. The Williams appealed the Authority’s refusal to the Tribunal in accordance with s. 28(15) of the Conservation Authorities Act.

2The Tribunal held this Case Management Conference (“CMC”) to discuss the format and scheduling of the hearing of the Williams’ appeal. The Williams’ represented themselves during the CMC, and Mr. Lalande, a land use planner with the Authority, attended on its behalf. Mr. Lalande explained that the Authority is not represented by counsel in this appeal, and that his own involvement will be limited to providing opinion evidence at the hearing. After some discussion during the CMC, the Williams’ indicated that they will consider retaining a land use planner to provide opinion evidence at the hearing.

3Based on its discussions with the parties during the CMC, the Tribunal determined that a one-day video hearing is appropriate for this appeal. The hearing is scheduled to begin at 10 a.m. on Monday, November 29, 2021.

4Parties 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:

https://global.gotomeeting.com/join/670875061

Access Code: 670-875-061

5Parties 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.

6Persons 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 1-888-299-1889 or +1 (647) 497-9373. The Access Code is as indicated above.

7Individuals 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 video hearing 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.

8No further notice of the hearing will be given.

9The Tribunal also determined that, while a Procedural Order is not necessary for this appeal, the exchange of materials prior to the hearing will assist the parties and the Tribunal. To that end, the Tribunal directed as follows:

The Authority shall provide to the Tribunal and the Appellants, on or before October 20, 2021, an electronic copy of its file materials relating to the application and the Authority’s decision, including any staff reports, photographs, drawings, comments, and minutes; and
The parties shall provide to the Tribunal and the opposing party, on or before November 15, 2021, an electronic copy of any additional documents they intend to rely on during the hearing.

10Should the Williams’ retain counsel or a land use planning witness, they should advise the Tribunal and the Authority at their earliest opportunity.

11This Member is not seized, however, may assist with case management, schedule permitting.

12This is the Order of the Tribunal.

“S. Jacobs”

S. JACOBS

vice-chair

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.