Hunter v. Prince Edward (County), 2021 CanLII 72200

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: August 6, 2021

CASE NO(S).: PL210074

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Robert & Barbara Hunter

Subject: Application amend Zoning By-law No. 1816-2006 - Refusal of Application by Prince Edward County

Existing Zoning: Rural Residential (RR2)

Proposed Zoning: Rural Residential (RR2)

Purpose: To permit the severance and rezoning of the subject lands

Property Address/Description: 17283 Loyalist Parkway

Municipality: Prince Edward County

Municipality File No.: Z38-20

OLT Case No.: PL210074

OLT File No.: PL210074

OLT Case Name: Hunter v. Prince Edward (County)

PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Robert & Barbara Hunter

Subject: Consent

Property Address/Description: 17283 Loyalist Parkway

Municipality: Prince Edward County

Municipal File No.: B45-20

OLT Case No.: PL210074

OLT File No.: PL210075

Case Name: Hunter v. Prince Edward (County)

BEFORE:

M. A. SILLS VICE-CHAIR

Friday, the 6th day of August, 2021

THE TRIBUNAL ORDERS that the Procedural Order, attached hereto as Appendix “1” shall be in force and effect for the purpose of governing the required procedures leading up to and including the hearing scheduled to commence on Thursday, October 21, 2021 at 10:00 a.m. by Videoconference at https://global.gotomeeting.com/join/645397965. The length of the hearing will be 2 days.

“Becky Fong”

BECKY FONG REGISTRAR

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.

APPENDIX 1

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Applicant and Appellant: Robert & Barbara Hunter

Subject: Application amend Zoning By-Law No. 1816-2006 – Refusal of Application by Prince Edward County

Existing Zoning: Rural Residential (RR2)

Proposed Zoning: Rural Residential (RR2)

Purpose: To permit the severance and rezoning of the subject lands

Property Address/Description: 17283 Loyalist Parkway

Municipality: Prince Edward County

Municipality File No.: Z38-20

OLT Case No.: PL210074

OLT File No. PL210074

OLT Case Name: Hunter v. Prince Edward (County)

PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Applicant and Appellant: Robert & Barbara Hunter

Subject: Consent

Property Address/Description: 17283 Loyalist Parkway

Municipality: Prince Edward County

Municipal File No.: B45-20

OLT Case No.: PL210074

OLT File. No.: PL210075

DRAFT PROCEDURAL ORDER

1. The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties’ request or its own motion.

Organization of the Hearing

2. The video hearing will be held beginning on Thursday, October 21 at 10 a.m.

3. The parties’ initial estimation for the length of the hearing is 2 days. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.

4. The parties and participants identified at the case management conference are set out in Attachment 1.

5. The issues are set out in the Issues List attached as Attachment 2. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.

6. The order of evidence shall be as set out in Attachment 3 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.

7. Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.

8. Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website (https://olt.gov.on.ca/appeals-process/video-hearing/).

Requirements Before the Hearing

9. A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of the witnesses and the order in which they will be called. This list must be delivered on or before August 9, 2021 and in accordance with paragraph 22 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is proposed to be qualified.

10. Expert witnesses in the same field shall have a meeting on or before September 6, 2021 and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before September 30, 2021.

11. An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 13 below. Instead of a witness statement, the expert may file their entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.

12. Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s evidence as in paragraph 13 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 13 below.

13. On or before August 30, 2021, the parties shall provide copies of their [witness and] expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 22 below.

14. On or before August 30, 2021, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 22 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

15. On or before October 7, 2021 the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 22 below. If a model or video will be used, all parties must have a reasonable opportunity to view it before the hearing.

16. Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence on or before September 17, 2021 or else fourteen (14) days after the evidence is received and in accordance with paragraph 22 below.

17. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before no later than October 7, 2021

18. Any documents which may be used by a party in cross examination of an opposing party’s witness shall be password protected and only be accessible to the Tribunal and the other parties if it is introduced as evidence at the hearing, pursuant to the directions provided by the OLT case co-ordinator, and shall be provided on or before October 7, 2021

19. A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.

20. A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least October 12, 2021 before the hearing that the written evidence is not part of their record.

21. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before October 7, 2021 with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.

22. All filing shall be electronic and in hard copy. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7.

23. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.

This Member is [not] seized.

So orders the Tribunal.

BEFORE: Name of Member: Date:

TRIBUNAL REGISTRAR

ATTACHMENT 1 Parties and Participants

1. Robert & Barbara Hunter
2. Prince Edward County
3. Sophia Pantazi

ATTACHMENT 2 Issues List

By-Law Amendment

1. Whether the proposed by-law amendment should be approved as good planning in the public interest and more specifically: a. Whether the proposed by-law amendment is consistent with the application of the minimum distance setback (“MDS”) guidelines for existing livestock facilities which would be reasonably expected to be impacted by the proposed development; b. Whether the proposed by-law amendment conforms with MDS Guideline 43 with respect to the proposed reduction of the MDS setback?

Consent

2. Whether the consent should be approved and specifically: a. whether it meets the requirements of section 51(24) of the Planning Act; b. whether it is consistent with the MDS requirements in the PPS; and c. whether it conforms with the MDS requirements of the OP.

Conditions

3. If the consent is granted, what conditions and/or special conditions are required (e.g., shared entrance)?

ATTACHMENT 3 Order of Evidence

1. Robert & Barbara Hunter
2. Prince Edward County
3. Sophia Pantazi