Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: June 25, 2021

CASE NO(S).: PL200373

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

Appellant: David Islam

Subject: By-law No. BL 2020-077

Municipality: City of Barrie

LPAT Case No.: PL200373

LPAT File No.: PL200373

LPAT Case Name: Islam v. Barrie (City)

Heard: March 26, 2021 by video hearing

APPEARANCES:

Parties

Counsel

David Islam

Self-Represented

City of Barrie

Edaadh Rizwani

481 Yonge Developments Inc.

Justin Vanden Ende

Sarah Hahn (in absentia)

MEMORANDUM OF ORAL DECISION DELIVERED BY SHARYN VINCENT ON MARCH 26, 2021 AND ORDER OF THE TRIBUNAL

1David Islam has brought an appeal against By-law No. 2020-077 which was enacted by the Council of the City of Barrie in order to permit the construction of a 67-unit residential building at premises known municipally as 481 Yonge Street.

2The property is currently zoned for Multiple Family Residential units, and the purpose of the approved by-law is to permit the lands to be developed, subject to site specific provisions set out in the by-law, in accordance with the Official Plan policies of the Yonge Street Primary Intensification Corridor.

3At this the first Case Management Conference (“CMC”), Mr. Islam, who had formerly been represented by Counsel, advised that it was his intention to proceed as a self-represented Appellant and that he would not be retaining any professional witnesses who could be qualified to assist the Tribunal with opinion evidence in an area of expertise such as land use planning or traffic related impacts. Rather, it was the intention of the Appellant to rely upon the submissions of other interested residents, who had expressed opposition to the proposal, and advised the Tribunal that it was expected that six months would be required to organize such a case, formulate an issues list and procedural order.

4Counsel for the Applicant, 481 Yonge Developments Inc, Mr. Vander Ende made submissions to the Tribunal citing the significant cost and time implications to 481 Yonge Developments Inc, particularly in light of the confirmation by the Appellant that no professional witnesses would be called to challenge the merit of the approved by-law.

5The City, through their counsel, expressed support for the position and concerns of the Applicant.

6The Tribunal advised of the obligations of an appellant to bring a case in support of their opposing position and referred specifically to the difference between raising apprehensions and bringing bone fide planning evidence as established in the jurisprudence of the Tribunal.

7Mr. Islam confirmed his wish to proceed as outlined to the Tribunal.

ORDER

8On the basis of the submissions, the Tribunal directed a written Motion to Dismiss to be submitted for the consideration of the Tribunal, with filings on the following dates:

• Appellant – April 9, 2021;
• Responding Parties – April 15, 2021 and
• Reply, if any on or by – April 19, 2021.

“Sharyn Vincent”

SHARYN VINCENT

VICE-CHAIR

Ontario Land Tribunal

Website: www.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.