Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 10, 2021
CASE NO(S).: PL200478
The Ontario Municipal Board (the “OMB”) is continued under the name Local Planning Appeal Tribunal (the “Tribunal”), and any reference to the Ontario Municipal Board or Board in any publication of the Tribunal is deemed to be a reference to the Tribunal.
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Michael Moreau
Subject: Application amend Zoning By-law No. 14-75 - Refusal of Application by Township of Georgian Bay
Existing Zoning: Shoreline Residential Island Type One (SRI1) and Fish Habitat Type One (FH1) Zone
Proposed Zoning: Shoreline Residential Island Type One (SRI1) and Fish Habitat Type One Exception Five (FH1-5) Zone
Purpose: To permit a floating dock and remove the holding provision to confirm the high water mark
Property Address/Description: 818 Island 820
Municipality: Township of Georgian Bay
Municipality File No.: ZBL 18/32
LPAT Case No.: PL200478
LPAT File No.: PL200478
LPAT Case Name: Moreau v. Georgian Bay (Twp.)
Heard: May 28, 2021 by video hearing
APPEARANCES:
Parties
Counsel
Michael Moreau
Sarah Hahn
Township of Georgian Bay
Peter Pickfield
Eastern Georgian Bay Protective Society Inc.
David Donnelly Justine Reyes (student at law)
MEMORANDUM OF ORAL DECISION DELIVERED BY BRYAN W. TUCKEY ON MAY 28, 2021 AND ORDER OF THE TRIBUNAL
1The Tribunal convened a first Case Management Conference (“CMC”) regarding the appeal by Michael Moreau (“Appellant”) against the Township of Georgian Bay’s (“Township”) refusal of a Zoning By-law Amendment (“ZBA”) pursuant to s. 34 (11) of the Planning Act. The purpose of the CMC is to define parties and participants, review material with respect to a Procedural Order (“PO”) to manage the hearing of the merits, including identifying or resolving issues, and to determine if it is appropriate to schedule a hearing.
2The subject property is described as 818 Island 820 Georgian Bay (Honey Harbour) in the District of Muskoka. The subject property is currently vacant and has water access only.
3The Appellant proposes two zoning changes being:
a. to the Township Zoning By-law No. 14-75 for the removal of the Holding (H) Symbol. The Holding (H2) Symbol is applicable to all vacant lots on islands not zoned either in a Natural State Island (NSI) or Natural State Conservation (NSC) zone; and
b. a site specific zone category to the Fish Habitat Type One (FH1-5) zone to permit a floating dock.
4There are two parties of record regarding this matter. In addition, the Eastern Georgian Bay Protective Society Inc. (“EGBPS”) requested party status which is granted on consent. No participants requested status at this CMC but there are several observers.
5The Affidavit of Service for Notice sworn April 13, 2021 is marked as Exhibit 1. There is no further notice required.
6Counsel for the Appellant, Ms. Hahn, provided background for the benefit of the Tribunal. She advised that her client proposes to secure a building envelope by removing the Holding symbol to build a cottage and permission to build a floating dock to service the subject property.
7Counsel for the three parties met before the CMC to finalize procedural matters to submit a PO to the Tribunal. Ms. Hahn advised the parties are close to settling on an Issues List but, to efficiently and effectively use Tribunal time, she is of the opinion an additional six weeks would allow parties the time to define and scope issues.
8Ms. Hahn requested the Tribunal set a hearing date. Parties advised they have a ‘good handle’ on the hearing length as most issues are technical and estimated that five days are required to hear this matter as there will be 6-7 witnesses called to give evidence.
9Counsel for the Township, Mr. Pickfield, advised that the extra time to finalize an Issues List would be well spent. The Township has recently retained the necessary experts and completed a preliminary review. He will use an additional six week period to have experts exchange information, scope and refine issues which will lead to securing a final Issues List.
10Counsel for EGBPS, Mr. Donnelly, noted the importance of this subject to his client. There are many other vacant properties on the islands where docks could be placed into marshy area like the matter before the Tribunal.
11Counsel for the three parties are all confident that they will reach consensus on a PO if given six weeks.
12It is not this Tribunal’s practice to schedule a hearing date without the requisite PO but is impressed with the Parties’ efforts to collaborate and scope issues ‘to secure a fair, just and expeditious determination’ in this proceeding. Therefore, the Tribunal is prepared to schedule a hearing date. All are experienced counsel and understand remedies the Tribunal has at its disposal should the PO filing date not be met as a result of their actions.
13Accordingly, the Tribunal orders as follows.
14The Procedural Order will be submitted to the Tribunal no later than Friday, July 9, 2021 at 4:30 p.m.
15The hearing is scheduled to proceed by video hearing on Monday, January 31, 2022 at 10 a.m. The Hearing is scheduled for five days (January 31, 2022 to February 4, 2022). The hearing may be shortened as issues are resolved or settlement is achieved.
16Parties 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/947798141
Access code: 947-798-141
17Parties 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.
18Persons 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 947-798-141.
19Individuals 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.
20The Tribunal may be spoken to should there be any issues arising from this Order.
21No further notice will be given.
22The Tribunal Member is not seized.
“Bryan W. Tuckey”
BRYAN W. TUCKEY
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.