Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 31, 2021
CASE NO(S).: OLT-21-001298
PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant: Christopher Hogarth
Appellant: Jean Besant
Subject: Minor Variance
Variance from By-law No.: 2014-14
Property Address/Description: 1063 Christie Point Road, Unit 7
Municipality: Township of Muskoka Lakes
Municipal File No.: A-66/20
OLT Case No.: OLT-21-001298
OLT File No.: OLT-21-001298
OLT Case Name: Besant v. Muskoka Lakes (Township)
Heard: December 15, 2021 by Video Hearing
APPEARANCES:
Parties
Counsel
Jean Besant
Christopher Besant
Christopher Hogarth
Bikram Singh Bal
Township of Muskoka Lakes
Edward Veldboom
DECISION DELIVERED BY HUGH S. WILKINS AND ORDER OF THE TRIBUNAL
1This proceeding relates to the authorization on April 13, 2021 by the Township of Muskoka Lakes (“Township”) of certain variances in response to an application by Christopher Hogarth (“Applicant”) relating to the property located at 1063 Christie Point Road, Unit 7 (“subject property”). Subsequent to the Committee of Adjustment’s decision, Jean Besant (“Appellant”), who owns lands adjacent to the subject property, sent documents to the Township to appeal the decision.
2On November 29, 2021, the Applicant filed a motion to dismiss the proceeding on the grounds that an appeal was not properly filed, and, if an appeal was properly filed, it has no merit.
3On December 15, 2021, the Tribunal held the hearing of the motion by video hearing.
4At the commencement of the motion hearing, the Applicant and the Appellant informed the Tribunal that they had initiated settlement discussions regarding both the motion and the proceeding. After a short recess, during which they completed their settlement discussions, the Applicant and the Appellant informed the Tribunal that they had reached a settlement of both the motion and the proceeding and that the Appellant would be discontinuing the proceeding.
5On December 15, 2021, subsequent to the motion hearing, the Tribunal received correspondence from the Appellant discontinuing the proceeding on consent.
6With the discontinuation of the proceeding, the Tribunal orders that both the motion and the proceeding are dismissed.
“Hugh S. Wilkins”
HUGH S. Wilkins
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.