Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 22, 2021
CASE NO(S).: PL190380, PL200030
PROCEEDING COMMENDED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Cornelius Slykerman
Subject: Minor Variance
Variance from By-law No.: 14-45
Property Address/Description: 33 Victoria Terrace
Municipality: Town of Grimsby
Municipal File No.: A-19/19
OLT Case No.: PL190380
OLT File No.: PL190380
OLT Case Name: Slykerman v. Grimsby (Town)
PROCEEDING COMMENDED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Referred by: Cornelius Slykerman
Subject: Site Plan
Property Address/Description: 33 Victoria Terrace (Lot. 22)
Municipality: Town of Caledon
OLT Case No.: PL200030
OLT File No.: PL200030
OLT Case Name: Slykerman v. Grimsby (Town)
PROCEEDING COMMENDED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Referred by: Cornelius Slykerman
Subject: Site Plan
Property Address/Description: 33 Victoria Terrace (Lot. 23)
Municipality: Town of Caledon
OLT Case No.: PL200030
OLT File No.: PL200031
OLT Case Name: Slykerman v. Grimsby (Town)
Heard: December 13, 2021 by Video Hearing
APPEARANCES:
Parties
Counsel
Cornelius Slykerman
Raj Kehar
Town of Grimsby
John Doherty, Jonathan Minnes, and Tristan Neill
DECISION DELIVERED BY S. BRAUN AND ORDER OF THE TRIBUNAL
1The matters before the Tribunal are appeals under s. 45(12) and s. 41(12) of the Planning Act (“Act”), with respect to the refusal of a minor variance application and the failure to act on site plan applications by the Town of Grimsby (“Town”). The applications were filed by Cornelius Slykerman (“Appellant”), who wishes to construct a new dwelling on the property at 33 Victoria Terrace (“subject property”), which is located in the Grimsby Beach area of the Town.
2At a previous Case Management Conference (“CMC”) held before a panel differently constituted, a hearing on the merits was scheduled for July 5, 2021. The hearing was adjourned and this CMC was scheduled.
3The parties advised that on February 3, 2020, the Town passed an Interim Control By-law (“ICBL”) for the area, which affected the subject property. The July 5, 2021 hearing was adjourned because that ICBL was extended on April 6, 2021 for an additional year and there was some additional impact, in terms of timeline extensions, due to the COVID-19 pandemic. The ICBL is currently set to expire on May 9, 2022.
4The Town undertook a land use study, which resulted in preliminary draft instruments in the form of a secondary plan and a zoning by-law amendment. A statutory public meeting is scheduled for January 27, 2022, at which Council is expected to consider same. The Parties indicated that any instruments, which might be passed by Council could trigger further site-specific appeals as well as broader appeals brought by other members of the public.
5There was some disagreement as to whether any further appeals to instruments flowing out of the ICBL would need to be resolved before these matters could be set down for a hearing. The Town is of the view that appeals of any secondary plan and/or zoning by-law amendment flowing out of the ICBL (whether broader or site-specific) would need to be decided in advance of a hearing on these matters because those planning instruments are the ones that would govern the determination of the site specific appeals.
6The Appellant, however, is of the view that, should there be further site-specific appeals, it would be appropriate to schedule same to be heard together with these matters. Any broader appeals of a secondary plan and/or zoning by-law amendment could be heard separately, as these would not relate to the Appellant’s specific property. Counsel for the Appellant also noted with respect to any secondary plan which might be adopted, that these applications were filed well in advance of same and would not be subject to that secondary plan. He further noted that any zoning by-law, which might be passed could require the Appellant to apply for additional minor variances.
7In light of the many unknowns at this stage, the Parties agreed it would be premature to reschedule these matters for a hearing on the merits until either the completion of the ICBL period or until Council makes a decision with respect to the draft instruments. Accordingly, they requested a subsequent CMC to be scheduled following the expiry of the ICBL. The Tribunal scheduled a further CMC on Friday, May 27, 2022 commencing at 10 a.m. It was agreed that, if necessary, further submissions on the scheduling of any subsequent appeals could be made at that CMC.
8Parties 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/415023581 Access Code: 415-023-581
9Parties 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.
10Persons 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 415-023-581.
11Individuals 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 CMC by video 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.
12The Tribunal was advised that the Parties have been engaging in discussions aimed at resolving the appeals and will continue to do so. They are directed to advise the Tribunal in writing should they reach a settlement with respect to some or all of the issues. The Tribunal also inquired as to whether there were any other matters to address, which might assist in the fair, just and expeditious resolution of this matter and the Parties advised there were none.
ORDER
13The Tribunal orders that a CMC will be held on Friday, May 27, 2022 at 10 a.m.
14There will be no further notice and this Member is not seized but may be available for case management should scheduling permit.
“S. Braun”
S. BRAUN
MEMBER
Ontario Land Tribunal
Website: 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.