Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 09, 2021
CASE NO(S).: PL200491
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Brad Zantingh Subject: Proposed Official Plan Amendment No. 18 Municipality: City of Sarnia LPAT Case No.: PL200491 LPAT File No.: PL200491 LPAT Case Name: Zantingh v. Sarnia (City)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Brad Zantingh Subject: By-law No. 99 of 2020 Municipality: City of Sarnia LPAT Case No.: PL200491 LPAT File No.: PL200452
PROCEEDING COMMENCED UNDER subsection 12(1) of the Local Planning Appeal Tribunal Act, 2017, S.O. 2017, c. 23, Sched. 1, and the Tribunal’s Rules of Practice and Procedure
Request by: JR Capital Holdings Inc. Request for: Request for Directions Heard: July 19, 2021 by video hearing
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| Brad Zantingh | Jennifer Meader* Scott Snider* (in absentia) Anna Toumanians* (in absentia) |
| JR Capital Holdings | Denise Baker* |
| County of Lambton | Stephen D’Agostino* |
| City of Sarnia | Olivia Nisbet* |
DECISION DELIVERED BY C. HARDY AND D. CHIPMAN AND ORDER OF THE TRIBUNAL
INTRODUCTION
1JR Capital Holdings (“Applicant”) made application to the City of Sarnia (“City”) for a Zoning By-law Amendment and Official Plan Amendment (“applications”) for the property located at 1873 London Road, Sarnia. Both applications were approved by the City and the Official Plan Amendment was approved by the County of Lambton (“County”).
2Brad Zantingh, a principal of BPS Ventures Inc. (“Appellant”), appealed both approvals.
3On July 19, 2021 the Tribunal held the first Case Management Conference (“CMC”) at which it addressed process issues, the identification of Parties and Participants, opportunities for settlement discussions, issues for adjudication at the hearing, and the finalization of a draft Procedural Order.
4The Affidavit of Service sworn by Eric Hyatt on July 9, 2021 with respect to the service of the Notice of this CMC is marked as Exhibit 1 to this CMC hearing.
REQUESTS FOR STATUS
5The Tribunal received no written requests for Party status in advance of the CMC, nor any requests for such status by any person attending the CMC.
6The Tribunal received no written requests for Participant status in advance of the CMC, nor any requests for such status by any person attending the CMC.
MEDIATION AND SETTLEMENT
7The Tribunal explored the possibility of mediation or settlement with the Parties and were advised that discussions had taken place in that regard. The Parties informed the Tribunal that the main issue with respect to the appeals is a narrow one. As such, the parties are in agreement that the matter does not lend itself to mediation and requested that the Tribunal set the matter down for a hearing.
PROCEDURAL ORDER AND ISSUES LIST
8The Applicant’s counsel, Ms. Baker, provided the Tribunal with a Draft Procedural Order (“DPO”) including a draft Issues List which the Parties have reviewed and considered. The Parties informed the Tribunal that they are in agreement with the Issues List in the DPO, and the DPO itself, including fixing a hearing for four days.
9The Tribunal tasked the Applicant’s counsel to coordinate the submission to the Tribunal of the finalized DPO, on consent, for consideration by the Tribunal on or before Friday, July 23, 2021. The revised DPO was submitted to the Tribunal following the CMC and is approved as set out in Attachment 1. The Procedural Order found in Attachment 1 is in full force and effect and any changes must be made through the Tribunal’s Case Coordinator.
HEARING DATE
10The Parties requested that the Tribunal fix a hearing date for four days. Accordingly, the hearing of these appeals will be fixed for a four-day period starting at 10 a.m. on Tuesday, November 16, 2021 by Video Conference Call, as follows:
11Parties 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/586476901
Access code: 586-476-901
12Parties and participants are asked to access and set up the application well in advance of