Parkbridge Lifestyle Communities v. Fort Erie (Town), 2021 CanLII 51741

ISSUE DATE: June 10, 2021

CASE NO(S).: PL200625

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: Parkbridge Lifestyle Communities

Subject: By-law No. 105-2020

Municipality: Town of Fort Erie

LPAT Case No.: PL200625

LPAT File No.: PL200625

LPAT Case Name: Parkbridge Lifestyle Communities v. Fort Erie (Town)

Heard: May 28, 2021 by Video Hearing

APPEARANCES:

Parties

Counsel

Parkbridge Lifestyle Communities 2639723 Ontario Inc.

Mary Flynn-Guglietti Thomas Richardson

Town of Fort Erie

Thomas Hanrahan

MEMORANDUM OF ORAL DECISION DELIVERED BY T.F. NG ON MAY 28, 2021 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This is the first Case Management Conference (“CMC”) for this appeal held as a video hearing (“VH”). Parkbridge Lifestyle Communities (the “Appellant”) owns lands adjacent to the proposed development, which relates to 2639723 Ontario Inc.’s Zoning By-law Amendment. The appeal is with respect to requirements being placed on the Appellant by the Town of Fort Erie pertaining to servicing and adequacy of sewage disposal facilities.

2The Affidavit of Service of Notice of CMC is on the Tribunal’s file and now marked as Exhibit 1.

PARTY STATUS

3The Applicant, 2639723 Ontario Inc., was granted party status without objections.

DRAFT ISSUES LIST AND DRAFT PROCEDURAL ORDER

4Counsel for the Appellant, the Town and the Applicant stated that a draft Procedural Order with a list of issues will be ready within two weeks. Pending that, they requested for five days of hearing to be fixed. Counsel has undertaken to forward to the case coordinator, the draft Procedural Order with required timelines and dates filled in together with the list of issues.

5The parties further requested for a second CMC to report on the status of without prejudice settlement discussions that the parties are pursuing at present.

6The Tribunal finds the request reasonable and as such, directs that the draft Issues List and the draft Procedural Order be prepared, agreed to, exchanged and forwarded to the Tribunal’s Case Coordinator on or before Friday, June 11, 2021.

HEARING TECHNICAL DETAILS

7This matter will be fixed for a one-day CMC on Wednesday, October 6, 2021 at 10 a.m. by video hearing.

GoTo Meeting: https://global.gotomeeting.com/join/163433893 Access code: 163-433-893 Audio-only telephone line: 1+ (647) 497-9391 or (Toll Free) 1(888) 455-1389 Audio-only access code: 163-433-893

8The five-day hearing is scheduled to proceed at 10 a.m. on Monday, March 7, 2022 to Friday March 11, 2022 by video hearing.

GoTo Meeting: https://global.gotomeeting.com/join/473866229 Access code: 473-866-229 Audio-only telephone line: 1+ (647) 497-9391 or (Toll Free) 1(888) 455-1389 Audio-only access code: 473-866-229

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.

10Parties 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

11Persons 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.

12Individuals 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 hearings by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing events may be directed to the Tribunal’s Case Coordinator having carriage of this case.

ORDER

13The Tribunal orders as follows:

a. The CMC is scheduled to proceed by video on Wednesday, October 6, 2021 at 10 a.m.

b. The five-day hearing is scheduled to proceed by video on Monday, March 7 to Friday, March 11, 2022 at 10 a.m.

c. The draft Issues List and the draft Procedural Order shall be delivered to the Tribunal’s Case Coordinator on or before Friday, June 11, 2021.

d. The Procedural Order with the attached Issues List will be considered for approval at the next CMC.

14There will be no further notice.

15The 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.