Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 11, 2021
CASE NO(S).: PL200570
The Ontario Municipal Board (the "OMB") and the Local Planning Appeal Tribunal (the "LPAT") is continued under the name Ontario Land Tribunal (the "Tribunal"), and any reference to the Ontario Municipal Board or Board or Local Planning Appeal Tribunal in any publication of the Tribunal is deemed to be a reference to the Tribunal.
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Autumn Ducharme
Subject: By-law No. #60-2020
Municipality: Municipality of South Huron
LPAT Case No.: PL200570
LPAT File No.: PL200570
LPAT Case Name: Ducharme v. South Huron (Municipality)
Heard: June 10, 2021 by Video Hearing
APPEARANCES:
| Parties | Counsel*/Representative |
|---|---|
| Autumn Ducharme | No one appeared. |
| Municipality of South Huron | Ed Veldboom* |
MEMORANDUM OF ORAL DECISION DELIVERED BY T.F. NG ON JUNE 10, 2021 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference ("CMC") held as a video hearing ("VH"). The Municipality of South Huron ("the Municipality") passed Zoning By-law No. 60-2020 to amend Zoning By-law No. 69-2018 (affecting all lands in the Municipality), which modifies section 3.38 to remove the setback requirements for buildings and structures from open municipal drains, sinkholes, natural watercourses and Lake Huron and replaces them with a requirement that buildings or structures cannot be built closer than 10 metres to the top of bank of the working side of an open municipal drain. The setback from a closed municipal drain are unchanged etc.
2Autumn Ducharme (the "Appellant") as an affected land owner appealed the Zoning By-law amendment.
3The Affidavit of Service of Notice of CMC is on the Tribunal's file and marked as Exhibit 1.
4At the commencement of the CMC, the Appellant was not on the video hearing platform. The Tribunal stood down the matter for ten minutes for the case coordinator to contact the Appellant. The case coordinator managed to contact the Appellant who acknowledged that she received the CMC notice but she will not be attending the conference. The case coordinator informed her that the CMC will likely proceed in her absence.
5The Tribunal resumed the CMC whereupon Mr. Veldboom expressed surprise that the Appellant was not appearing. The Tribunal referred to rule 19.7 of the Tribunal's Rules of Practice and Procedure and proceeded with the CMC.
6Counsel requested for a hearing date to be fixed for this matter for early disposal. Further counsel requested that the draft procedural order be dispensed with since the matter is essentially between the Appellant and the Municipality and no other party is involved. The Municipality will call a planning witness while the Appellant has not indicated whether she will be calling any witness. Additionally, the Appellant was not present to speak to that.
7The Tribunal finds the request reasonable and as such will fix a one-day hearing.
HEARING TECHNICAL DETAILS
8This matter will be fixed for one day for hearing on Friday, July 30, 2021 by video hearing at 10 a.m.
9Parties 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/431980701
Access code: 431-980-701
10Parties 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.
11Parties 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.
12Persons 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: +1 (647) 497-9391 or (Toll Free) 1 (888) 455-1389. The access code is 431-980-701.
13Individuals 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 hearing 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.
ORDER
14The Tribunal orders as follows:
The hearing is scheduled to proceed by video on Friday, July 30, 2021 at 10 a.m.
15There will be no further notice.
16The Member is not seized.
"T.F. Ng"
T.F. NG 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.